§ 3934. Theft from a motor vehicle.
(a) Offense defined.--A person commits the offense of theft from a motor vehicle if he unlawfully takes
or attempts to take possession of, carries away or exercises unlawful control over
any movable property of another from a motor vehicle with the intent to deprive him
thereof.
(b) Grading.--
(1) An offense under this section is:
(i) a misdemeanor of the third degree if the amount involved was less than $50; or
(ii) a misdemeanor of the second degree if the amount involved was $50 or more but less
than $200; or
(iii) a misdemeanor of the first degree if the amount involved was greater than $200.
(2) When the offense is a third or subsequent offense within a five-year period, regardless
of the amount involved and regardless of the grading of the prior offenses, an offense
under this section is a felony of the third degree.
(Dec. 21, 1998, P.L.1103, No.149, eff. 60 days; June 18, 1999, P.L.67, No.8, eff.
60 days)
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 2010–2024 · leading case:
Commonwealth v. Emanuel, 86 A.3d 892 (Pa. Super. Ct. 2014).
Commonwealth v. Emanuel, 86 A.3d 892 (Pa. Super. Ct. 2014).
“18 Pa.C.S. § 3934(a) (emphasis added). At the close of his trial, Foster made a motion for judgment of acquittal, which the trial court granted, espousing the following rationale: Although in certain circumstances car parts may be moveable property, we do not find that a part…”
Com. v. Scott, R., No. 781 MDA 2015 (Pa. Super. Ct. Mar. 15, 2016).
“In 2012 and 2013, Scott was charged with criminal offenses at the following dockets: 5578-2012 (Theft of a Motor Vehicle1); 1859-2013 (Theft ____________________________________________ 1 18 Pa. C.S. § 3934(a). J-S09033-16 by Deception2); 2081-2013 (Forgery,3 2 counts; Access…”
Com. v. Little, W., No. 1449 WDA 2015 (Pa. Super. Ct. Apr. 8, 2016).
“3 18 Pa.C.S. § 3934(a). 4 18 Pa.C.S. § 3925(a).”
Com. v. James, E., No. 1777 WDA 2014 (Pa. Super. Ct. May 2, 2016).
“” 18 Pa.C.S. § 3934. The evidence of record reflects that on March 30, 2012, Officer Shawn Quinn responded to a call regarding a woman, identified as Appellant, who was standing in the middle of the roadway in a residential area.”
In the Interest of: D.S., a Minor, No. 3512 EDA 2015 (Pa. Super. Ct. Sept. 27, 2016).
“The court found acquitted him of both ____________________________________________ 3 See 18 Pa.C.S. §§ 3934(a), 3925(a), and 907. -3- J-S70021-16 counts of theft from a motor vehicle.”
Com. v. Carbone, C., No. Com. v. Carbone, C. No. 2810 EDA 2016 (Pa. Super. Ct. Mar. 29, 2017).
“1 Appellant pled guilty to theft from a motor vehicle in violation of 18 Pa.C.S. § 3934(a) at docket 1479-2010.”
Com. v. Odom, D., No. Com. v. Odom, D. No. 3200 EDA 2016 (Pa. Super. Ct. June 30, 2017).
“1 18 Pa.C.S. § 3934(a). 2 18 Pa.C.S. § 3921(a).”
Com. v. Leonard, Z., No. 1680 WDA 2018 (Pa. Super. Ct. June 26, 2019).
“Appellant was also charged with, and found not guilty of, theft from a motor vehicle, 18 Pa. C.S. § 3934(A). ____________________________________ * Retired Senior Judge assigned to the Superior Court.”
Com. v. Mitchell, T., No. 3014 EDA 2018 (Pa. Super. Ct. Aug. 20, 2019).
“____________________________________________ 1 18 Pa.C.S. § 3934. 2 Gagnon v. Scarpelli, 411 U.”
Com. v. Camero, P., No. 3067 EDA 2018 (Pa. Super. Ct. Sept. 24, 2019).
“§ 780-113(a)(31) and 18 Pa.C.S. § 3934(a), respectively. ____________________________________ * Retired Senior Judge assigned to the Superior Court.”
Com. v. Camero, P., No. 3065 EDA 2018 (Pa. Super. Ct. Sept. 25, 2019).
“§ 780-113(a)(31) and 18 Pa.C.S. § 3934(a), respectively. 4 Gagnon v.”
Com. v. Moore, C., No. 584 WDA 2019 (Pa. Super. Ct. Nov. 27, 2019).
“See 18 Pa.C.S. §§ 3934(a), 4106(a)(1), 5506, 3503(b)(1)(ii), 3921(b), 3925(a); and 75 Pa.”
18 Pa. Cons. Stat. § 3934(A): 1 case
Com. v. Leonard, Z., No. 1680 WDA 2018 (Pa. Super. Ct. June 26, 2019).
“Appellant was also charged with, and found not guilty of, theft from a motor vehicle, 18 Pa. C.S. § 3934(A). ____________________________________ * Retired Senior Judge assigned to the Superior Court.”
18 Pa. Cons. Stat. § 3934(a): 12 cases
Commonwealth v. Emanuel, 86 A.3d 892 (Pa. Super. Ct. 2014).
“18 Pa.C.S. § 3934(a) (emphasis added). At the close of his trial, Foster made a motion for judgment of acquittal, which the trial court granted, espousing the following rationale: Although in certain circumstances car parts may be moveable property, we do not find that a part…”
Com. v. Scott, R., No. 781 MDA 2015 (Pa. Super. Ct. Mar. 15, 2016).
“In 2012 and 2013, Scott was charged with criminal offenses at the following dockets: 5578-2012 (Theft of a Motor Vehicle1); 1859-2013 (Theft ____________________________________________ 1 18 Pa. C.S. § 3934(a). J-S09033-16 by Deception2); 2081-2013 (Forgery,3 2 counts; Access…”
Com. v. Little, W., No. 1449 WDA 2015 (Pa. Super. Ct. Apr. 8, 2016).
“3 18 Pa.C.S. § 3934(a). 4 18 Pa.C.S. § 3925(a).”
In the Interest of: D.S., a Minor, No. 3512 EDA 2015 (Pa. Super. Ct. Sept. 27, 2016).
“The court found acquitted him of both ____________________________________________ 3 See 18 Pa.C.S. §§ 3934(a), 3925(a), and 907. -3- J-S70021-16 counts of theft from a motor vehicle.”
Com. v. Carbone, C., No. Com. v. Carbone, C. No. 2810 EDA 2016 (Pa. Super. Ct. Mar. 29, 2017).
“1 Appellant pled guilty to theft from a motor vehicle in violation of 18 Pa.C.S. § 3934(a) at docket 1479-2010.”
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