Thank you for visiting Lampman Law. If you or someone you love is charged with Theft by Unlawful Taking (TBUT) in Pennsylvania, we can help. We are experienced criminal defense lawyers that are in district and trial courts daily representing people charged with crimes throughout Northeastern and Central Pennsylvania. Since Lampman Law opened we have zealously defended people facing theft accusations and have helped our clients avoid the criminal consequences and social stigma of a Theft by Unlawful Taking conviction.

If you would like us to examine your case, please call Lampman Law at 570-371-3737 to personally discuss the matter with us. We offer a free phone or in-office consultation. All consultations are also welcoming, free of pressure, and confidential.  

18 Pa.C.S. § 3921. Theft by Unlawful Taking or Disposition

In Pennsylvania, the crime of Theft by Unlawful Taking applies to both movable and immovable 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.”

“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.”

Elements of TBUT in Pennsylvania

A person is guilty of theft by unlawful taking if he unlawfully takes, or exercises control over, movable property of another with intent to deprive other thereof. Com. ex rel. Lagana v. Com. Office of Atty. Gen., 662 A.2d 1127 (Pa. Super. 1995).

Here it is important to that the accused must act with the intent to derive another person of the property. Monetary loss, however, is not element of theft by unlawful taking or disposition. Commonwealth v. Rosenzweig, 522 A.2d 1088 (Pa. 1987).

Grading & Penalties for TBUT

In Pennsylvania, Theft by Unlawful Taking can be graded as a Felony or a misdemeanor offense. The grading and specific range of penalty for Theft by Unlawful taking is dependent on several factors, including the accused prior record score (PRS), and:

• the item’s value or amount of money involved;
• whether the item at issue is a firearm, anhydrous ammonia, or a vehicle;
• whether the accused breached fiduciary duty; and/or,
• whether threats were used to complete the crime.

Neither the grading nor the offense gravity score (OGS) are adjusted bases on whether the property taken was movable or immovable.

First Degree Felony Theft by Unlawful Taking (F1)

A felony of the first degree is punishable by a maximum of 20 years imprisonment and a $25,000 fine. The OGS of these cases is 8. TBUT is graded as a (F1) when:

• The amount involved is $500,000 or more.

Second Degree Felony Theft by Unlawful Taking (F2)

A felony of the second degree is punishable by a maximum of 10 years imprisonment and a $25,000 fine. The OGS of these cases is 7 if the (F2) is bases on value. Otherwise the OGS is 8. TBUT is graded as a (F2) when:

• The amount involved is $100,000 or more but less than $500,000.
  
• The property stolen is a firearm.
  
• The property stolen is anhydrous ammonia.
  
• The offense is committed during a manmade disaster, a natural disaster or a war-caused disaster.

Third Degree Felony Theft by Unlawful Taking (F3)

A felony of the third degree is punishable by a maximum of 7 years imprisonment and a $15,000 fine. TBUT is graded as a (F3) when:

• The amount involved exceeds $2,000. The OGS is 6 when the value is more than $25,000 but less than $100,000. The OGS is 5 when the value is more than $2,000 but $25,000 or less.
• The property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle. The OGS is 6.

Misdemeanor of the First-Degree Theft by Unlawful Taking (M1)

A misdemeanor of the first degree is punishable by a maximum of 5 years imprisonment and a $10,000 fine. The OGS is 3 for (M1) TBUT cases. TBUT is graded as a (M1) when:

• The amount involved is $200 or more but less than $2,000; or,
• The property was taken from the person or by threat, or in breach of fiduciary obligation.

Misdemeanor of the Second-Degree Theft by Unlawful Taking (M2)

A misdemeanor of the second degree is punishable by a maximum of 2 years imprisonment and a $5,000 fine. The OGS for these cases is 2. TBUT is graded as a (M2) when:

• The property was not taken from the person or by threat, or in breach of fiduciary obligation, and;
• the amount involved was $50 or more but less than $200.

Misdemeanor of the Third-Degree Theft by Unlawful Taking (M3)

A misdemeanor of the third degree is punishable by a maximum of 1-year imprisonment and a $2,000 fine. Since the OGS for these offenses is 1, however, probation is the likely sentence unless the defendant has an elevated PRS. TBUT is graded as a (M3) when:

• The property was not taken from the person or by threat, or in breach of fiduciary obligation, and;
• the amount involved was less than $50.

Lampman Law Defends Theft by Unlawful Taking Cases

It is extremely important to timely hire an experienced Pennsylvania criminal defense when facing theft by unlawful taking charges. As explained, TBUT cases are complex and the accused’s freedom and other important rights are at risk. Hiring the right criminal defense lawyer, as soon as possible, can help the accused build their case by gathering the evidence to build a robust defense. It is the best chance for an accused to preserve their liberty, legal rights, and their reputation.

When choosing a lawyer, it is important to seek the services of a lawyer that primarily practices criminal defense and that the lawyer has personally handled theft cases in the county where the charge is being prosecuted. Likewise, it is vital that the lawyer can and will conduct a full investigation into the facts and circumstances of the allegation. Obviously, challenges to the valuation of the items or funds allegedly stolen are extremely important in defending TBUT prosecutions.

​Please contact us at 570-371-3737 if you have any questions. Should you choose to trust us with your case, our fees are reasonable, we always use detailed written fee agreements, and payment plans (including credit card payment) can be arranged.