Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 3921 (2026)

Theft by unlawful taking or disposition.

✓ current as of May 2026

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SUBCHAPTER B

DEFINITION OF OFFENSES

Sec.

3921. Theft by unlawful taking or disposition.

3922. Theft by deception.

3922.1. Financial exploitation of an older adult or care-dependent person.

3923. Theft by extortion.

3924. Theft of property lost, mislaid, or delivered by mistake.

3925. Receiving stolen property.

3926. Theft of services.

3927. Theft by failure to make required disposition of funds received.

3928. Unauthorized use of automobiles and other vehicles.

3929. Retail theft.

3929.1. Library theft.

3929.2. Unlawful possession of retail or library theft instruments.

3929.3. Organized retail theft.

3930. Theft of trade secrets.

3931. Theft of unpublished dramas and musical compositions.

3932. Theft of leased property.

3933. Unlawful use of computer (Repealed).

3934. Theft from a motor vehicle.

3935. Theft of secondary metal (Unconstitutional).

3935.1. Theft of secondary metal.

3936. Theft of mail.

§ 3921. Theft by unlawful taking or disposition.

(a) Movable property.--A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.

(b) Immovable property.--A person is guilty of theft if he unlawfully transfers, or exercises unlawful control over, immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

Cross References. Section 3921 is referred to in sections 1107, 3311, 3903, 3935.1, 5708, 6105 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).

Notes of Decisions

Cited in 629 cases (91 in the last 5 years), 1975–2026 · leading case: Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016).

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Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016). · cites it 2× “18 Pa.C.S. § 3921. 3 . The third and fourth of these requirements arise because the General Assembly has provided that a challenge to the discretionary .”

Commonwealth v. Spotz, 896 A.2d 1191 (Pa. 2006). · cites it 2× “(trial counsel) represented Spotz at his Schuylkill County trial and on direct appeal to this Court of his first-degree murder conviction and death sentence.”

Commonwealth v. Stetler, 95 A.3d 864 (Pa. Super. Ct. 2014). · cites it 6× “§ 1103 — Not less than 4 months nor more than 12 months incarceration, a fine of $15,000, plus the costs of prosecution; Count 2, Theft by Unlawful Taking, 18 Pa.C.S. § 3921 — Not less than 14 months nor more than 48 months incarceration, to run consecutively to the sentence…”

Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005). · cites it 2× “[3] 18 Pa.C.S. § 3921(a). [4] 18 Pa.C.S. § 5104.”

City of Bradford v. Teamsters Local Union No. 110, 25 A.3d 408 (Pa. Commw. Ct. 2011). · cites it 4× “Theft is, of course, illegal, under Section 3921(a) of the Crimes Code, 18 Pa.C.S. § 3921(a). In addition, the text of PERA explicitly states that the public policy behind the statute is to create orderly and constructive relationships between employers and employees, "subject,…”

Commonwealth v. McCarthy, 180 A.3d 368 (Pa. Super. Ct. 2018). · cites it 2× “" 18 Pa.C.S. § 3921(a). A person commits the offense of access device fraud if he: "uses an access device to obtain .”

Lou Ann Merkle v. Upper Dublin Sch. Dist. Upper Dublin Twp. Police Dep't Margaret Thomas Clair Brown, Jr., Dr. Jack Hahn, Detective, 211 F.3d 782 (3rd Cir. 2000). · cites it 2× “On September 2, Hahn arrested Merkle and charged her with theft by taking pursuant to 18 Pa. Cons.Stat. Ann. § 3921. 3 The police criminal complaint also charged her with receipt of stolen property pursuant to 18 Pa.”

Reading Area Water Auth. v. Unemployment Comp. Bd. of Review, 137 A.3d 658 (Pa. Commw. Ct. 2016). · cites it 2× “) Claimant was required to pay $190 in 2 18 Pa. C.S. § 3921. 3 18 Pa. C.S. § 3925.”

Commonwealth v. Johnson, 180 A.3d 474 (Pa. Super. Ct. 2018). “§ 903 (count 2); one count of theft by unlawful taking, 18 Pa.C.S. § 3921(a) (count 4); one count of receiving stolen property, 18 Pa.”

Commonwealth v. Banks, 198 A.3d 391 (Pa. Super. Ct. 2018). · cites it 2× “621-2014 - Theft by Unlawful Taking, 18 Pa.C.S. § 3921(a) (graded as an M2); (2) Dkt.”

Lehman v. Pennsylvania State Police, 839 A.2d 265 (Pa. 2003). · cites it 2× “§ 6105(a), (b) (prohibiting possession of firearm for enumerated offenses, including second felony offense for theft by unlawful taking, 18 Pa.C.S. § 3921). [3] "A party who proceeded before a Commonwealth agency under the terms of a particular statute shall not be precluded…”

Commonwealth v. Campbell, 505 A.2d 262 (Pa. 1986). · cites it 4× “NOTES [1] 18 Pa.Cons.Stat. § 3921. [2] 18 Pa.Cons.Stat.”

Show all 629 citing cases →

— 18 Pa. Cons. Stat. § 3921(A) — 1 case

Com. v. Johnson, J. (Pa. Super. Ct. 2020).

— 18 Pa. Cons. Stat. § 3921(a) — 388 cases

Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005). “[3] 18 Pa.C.S. § 3921(a). [4] 18 Pa.C.S. § 5104.”

City of Bradford v. Teamsters Local Union No. 110, 25 A.3d 408 (Pa. Commw. Ct. 2011). “Theft is, of course, illegal, under Section 3921(a) of the Crimes Code, 18 Pa.C.S. § 3921(a). In addition, the text of PERA explicitly states that the public policy behind the statute is to create orderly and constructive relationships between employers and employees, "subject,…”

Commonwealth v. McCarthy, 180 A.3d 368 (Pa. Super. Ct. 2018). “" 18 Pa.C.S. § 3921(a). A person commits the offense of access device fraud if he: "uses an access device to obtain .”

Commonwealth v. Banks, 198 A.3d 391 (Pa. Super. Ct. 2018). “621-2014 - Theft by Unlawful Taking, 18 Pa.C.S. § 3921(a) (graded as an M2); (2) Dkt.”

— 18 Pa. Cons. Stat. § 3921(a)(1) — 4 cases

Com. v. Leonard, R. (Pa. Super. Ct. 2018).

Com. v. Eaddy, A. (Pa. Super. Ct. 2019).

Com. v. Kruge, N. (Pa. Super. Ct. 2021).

Commonwealth v. Chambers, L., Aplt. (Pa. 2024).

— 18 Pa. Cons. Stat. § 3921(b) — 3 cases

Com. v. Murphy, C. (Pa. Super. Ct. 2019).

Com. v. Peake, R., III (Pa. Super. Ct. 2020).

Com. v. Murphy, C. (Pa. Super. Ct. 2014).

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