Idaho Code
Idaho Code

Idaho Code § 18-2407 (2026)

Grading of theft. 

✓ current as of May 2026
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Grading of theft. 

Theft is divided into two (2) degrees, grand theft and petit theft.

(1)  Grand theft.
(a)  A person is guilty of grand theft when he commits a theft as defined in this chapter and when the property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will:
1.  Cause physical injury to some person in the future; or
2.  Cause damage to property; or
3.  Use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.
(b)  A person is guilty of grand theft when he commits a theft as defined in this chapter and when:
1.  The value of the property taken exceeds one thousand dollars ($1,000); or
2.  The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or
3.  The property consists of a check, draft or order for the payment of money upon any bank, or a check, draft or order account number, or a financial transaction card or financial transaction card account number as those terms are defined in section 18-3122, Idaho Code; or
4.  The property, regardless of its nature or value, is taken from the person of another; or
5.  The property, regardless of its nature and value, is obtained by extortion; or
6.  The property consists of one (1) or more firearms, rifles or shotguns; or
7.  The property taken or deliberately killed is livestock or any other animal exceeding one hundred fifty dollars ($150) in value.
8.  When any series of thefts, comprised of individual thefts having a value of one thousand dollars ($1,000) or less, are part of a common scheme or plan, the thefts may be aggregated in one (1) count and the sum of the value of all of the thefts shall be the value considered in determining whether the value exceeds one thousand dollars ($1,000); or
9.  The property has an aggregate value over fifty dollars ($50.00) and is stolen during three (3) or more incidents of theft during a criminal episode. For purposes of this subparagraph a "criminal episode" shall mean a series of unlawful acts committed over a period of up to three (3) days; or
10. The property is anhydrous ammonia.
(2)  Petit theft. A person is guilty of petit theft when he commits a theft as defined in this chapter and his actions do not constitute grand theft.
Notes of Decisions
Cited in 77 cases (13 in the last 5 years), 1969–2026 · leading case: State v. Hickman, 191 P.3d 1098 (Idaho 2008).
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State v. Hickman, 191 P.3d 1098 (Idaho 2008). · cites it 48× “It is grand theft if the property taken consists of a financial transaction card. I.C. § 18-2407(1)(b)(3).”
State v. Werneth, 611 P.2d 1026 (Idaho 1980). · cites it 32× “In April, 1976, Werneth was placed on trial for the crime of embezzlement by *242 bailee under I.C. § 18-2407. 2 That charge was based on an allegation that Werneth fraudulently converted to his own use approximately eighteen tons of wheat which had been entrusted to him during…”
State v. Pizzuto, 810 P.2d 680 (Idaho 1991). · cites it 4× “§ 18-6501 and one count of grand theft in violation of I.C. § 18-2407(1)(b)(1). The jury returned guilty verdicts on all four charges of murder in the first degree, one count of robbery and one count of grand theft.”
State v. Hoyle, 99 P.3d 1069 (Idaho 2004). · cites it 4× “" I.C. § 18-2407(1)(b)(1). Predicate Act 10 charged Hoyle with grand theft of insurance premiums in an amount between $300 and $763.”
State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015). · cites it 4× “He also would limit his challenge to those who enter with the intent to commit petit theft, a misdemeanor, rather than grand theft, a felony.”
State v. Morrison, 147 P.3d 91 (Idaho Ct. App. 2006). · cites it 10× “Specifically, Morrison challenges the district court’s interpretation of Idaho Code § 18-2407 (1)(b)(7) in regard to the valuation of livestock.”
State v. Major, 725 P.2d 115 (Idaho 1986). · cites it 4× “The items allegedly possessed on the reservation by themselves could have amounted to grand theft as established in I.C. § 18-2407(1)(b)1, since their value exceeded $150, R.”
State v. Stevens, 892 P.2d 889 (Idaho 1995). · cites it 4× “Defense counsel objected and the trial judge denied the motion to amend.”
State v. Darbin, 708 P.2d 921 (Idaho Ct. App. 1985). · cites it 4× “I.C. §§ 18-2407, 18-2408. The prosecutor stated that the inclusion of the word "not" in the information was a typographical error.”
State v. Solway, 88 P.3d 784 (Idaho Ct. App. 2004). · cites it 11× “According to the State, the theft statute required it to prove “that the defendant knew his possession of the stolen items was not authorized; it does not require the State to prove that the defendant inventoried his loot before being apprehended.”
State v. Chapman, 739 P.2d 310 (Idaho 1987). · cites it 4× “§ 18-301 is, however, not applicable to the present case because Werneth was never acquitted of the I.C. § 18-2407 charge. I have an additional problem with the mixing of concepts contrary to the logic of the statute displayed in the concurring opinion of Justice Donaldson…”
State v. Abeyta, 963 P.2d 387 (Idaho Ct. App. 1998). · cites it 2× “§ 18-1401, and grand theft, I.C. § 18-2407(l)(b), reserving the right to appeal the district court’s denial of his motion to suppress.”
Show all 77 citing cases →
— Idaho Code § 18-2407(1) — 4 cases
State v. Peck, 946 P.2d 1351 (Idaho Ct. App. 1997).
State v. Gallipeau, 909 P.2d 619 (Idaho Ct. App. 1994).
State v. Christopher James Harvey (Idaho Ct. App. 2018).
State v. Herlinda Resendiz (Idaho Ct. App. 2018).
— Idaho Code § 18-2407(1)(b) — 4 cases
State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015). “He also would limit his challenge to those who enter with the intent to commit petit theft, a misdemeanor, rather than grand theft, a felony.”
State v. Major, 725 P.2d 115 (Idaho 1986). “The items allegedly possessed on the reservation by themselves could have amounted to grand theft as established in I.C. § 18-2407(1)(b)1, since their value exceeded $150, R.”
State v. Hickman, 191 P.3d 1098 (Idaho 2008). “It is grand theft if the property taken consists of a financial transaction card. I.C. § 18-2407(1)(b)(3).”
State v. Head (Idaho Ct. App. 2023).
— Idaho Code § 18-2407(1)(b)(1) — 9 cases
State v. Pizzuto, 810 P.2d 680 (Idaho 1991). “§ 18-6501 and one count of grand theft in violation of I.C. § 18-2407(1)(b)(1). The jury returned guilty verdicts on all four charges of murder in the first degree, one count of robbery and one count of grand theft.”
State v. Hickman, 191 P.3d 1098 (Idaho 2008). “It is grand theft if the property taken consists of a financial transaction card. I.C. § 18-2407(1)(b)(3).”
State v. Hoyle, 99 P.3d 1069 (Idaho 2004). “" I.C. § 18-2407(1)(b)(1). Predicate Act 10 charged Hoyle with grand theft of insurance premiums in an amount between $300 and $763.”
Schiermeier v. State, 521 P.3d 699 (Idaho 2022).
State v. Coats, 444 P.3d 895 (Idaho 2019).
— Idaho Code § 18-2407(1)(b)(3) — 4 cases
State v. Hickman, 191 P.3d 1098 (Idaho 2008). “It is grand theft if the property taken consists of a financial transaction card. I.C. § 18-2407(1)(b)(3).”
State v. Mitchell (Idaho Ct. App. 2020).
State v. Estrada (Idaho Ct. App. 2021).
State v. Michael James McNearney, Jr. (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(1)(b)(4) — 1 case
State v. Storey, 712 P.2d 694 (Idaho Ct. App. 1985).
— Idaho Code § 18-2407(1)(b)(7) — 1 case
State v. Morrison, 147 P.3d 91 (Idaho Ct. App. 2006). “Specifically, Morrison challenges the district court’s interpretation of Idaho Code § 18-2407 (1)(b)(7) in regard to the valuation of livestock.”
— Idaho Code § 18-2407(1)(b)(9) — 1 case
State v. Ruiz, 567 P.3d 789 (Idaho 2025).
— Idaho Code § 18-2407(2) — 6 cases
State v. Fetterly, 886 P.2d 780 (Idaho Ct. App. 1994).
State v. Johnson, 233 P.3d 190 (Idaho Ct. App. 2010).
State v. Vandenacre, 960 P.2d 190 (Idaho Ct. App. 1998).
State v. Chacon, 760 P.2d 1205 (Idaho Ct. App. 1988).
State v. Lagasse, 22 P.3d 112 (Idaho Ct. App. 2001).
— Idaho Code § 18-2407(b)(1) — 2 cases
State v. Whittle, 175 P.3d 211 (Idaho Ct. App. 2007).
State v. Dempsey (Idaho Ct. App. 2020).
— Idaho Code § 18-2407(b)(8) — 1 case
State v. Whittle, 175 P.3d 211 (Idaho Ct. App. 2007).
— Idaho Code § 18-2407(b)(l) — 1 case
State v. Gilbert, 736 P.2d 857 (Idaho Ct. App. 1987).
— Idaho Code § 18-2407(l)(b) — 6 cases
State v. Abeyta, 963 P.2d 387 (Idaho Ct. App. 1998). “§ 18-1401, and grand theft, I.C. § 18-2407(l)(b), reserving the right to appeal the district court’s denial of his motion to suppress.”
State v. Major, 725 P.2d 115 (Idaho 1986). “The items allegedly possessed on the reservation by themselves could have amounted to grand theft as established in I.C. § 18-2407(1)(b)1, since their value exceeded $150, R.”
State v. Hickman, 191 P.3d 1098 (Idaho 2008). “It is grand theft if the property taken consists of a financial transaction card. I.C. § 18-2407(1)(b)(3).”
Mata v. State, 861 P.2d 1253 (Idaho Ct. App. 1993).
State v. Gums, 894 P.2d 163 (Idaho Ct. App. 1995).
— Idaho Code § 18-2407(l)(b)(10) — 1 case
State v. Vernon Craig Pelland, 367 P.3d 265 (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(l)(b)(2) — 1 case
State v. Vernon Craig Pelland, 367 P.3d 265 (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(l)(b)(3) — 4 cases
State v. Hickman, 191 P.3d 1098 (Idaho 2008). “It is grand theft if the property taken consists of a financial transaction card. I.C. § 18-2407(1)(b)(3).”
State v. Solway, 88 P.3d 784 (Idaho Ct. App. 2004). “According to the State, the theft statute required it to prove “that the defendant knew his possession of the stolen items was not authorized; it does not require the State to prove that the defendant inventoried his loot before being apprehended.”
State v. Gallipeau, 909 P.2d 619 (Idaho Ct. App. 1994).
State v. Vernon Craig Pelland, 367 P.3d 265 (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(l)(b)(4) — 2 cases
State v. Brown, 941 P.2d 361 (Idaho Ct. App. 1997).
State v. Vernon Craig Pelland, 367 P.3d 265 (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(l)(b)(5) — 1 case
State v. Vernon Craig Pelland, 367 P.3d 265 (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(l)(b)(6) — 3 cases
State v. Tietsort, 175 P.3d 801 (Idaho Ct. App. 2007).
State v. Casper, 853 P.2d 1 (Idaho Ct. App. 1993).
State v. Vernon Craig Pelland, 367 P.3d 265 (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(l)(b)(7) — 2 cases
State v. Salazar-Garcia, 183 P.3d 778 (Idaho Ct. App. 2008).
State v. Vernon Craig Pelland, 367 P.3d 265 (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(l)(b)(8) — 1 case
State v. Vernon Craig Pelland, 367 P.3d 265 (Idaho Ct. App. 2016).
— Idaho Code § 18-2407(l)(b)(l) — 9 cases
State v. Hoyle, 99 P.3d 1069 (Idaho 2004). “" I.C. § 18-2407(1)(b)(1). Predicate Act 10 charged Hoyle with grand theft of insurance premiums in an amount between $300 and $763.”
State v. Moore, 932 P.2d 899 (Idaho Ct. App. 1996).
State v. Johnson, 233 P.3d 190 (Idaho Ct. App. 2010).
State v. Stricklin, 32 P.3d 158 (Idaho Ct. App. 2001).
State v. Tomes, 801 P.2d 1303 (Idaho Ct. App. 1990).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.