Is Shoplifting a Felony? Felony Theft Amounts in Every State

Shoplifting is usually charged as a misdemeanor. It becomes a felony when the value of the merchandise is over your state's felony amount, which most states set between $500 and $2,500, or when other facts apply, such as prior theft convictions, organized retail theft, or taking property from a person.

This guide explains each of those, lists the felony theft amount and the statute that sets it for every state and Washington, D.C., and shows what the penalties look like at each level. It reflects the statutes as of October 2026. Laws change, so check the current statute or ask a criminal defense attorney before relying on any number here.

Is shoplifting a felony or a misdemeanor?

In most states, shoplifting is a form of theft, and the charge depends mainly on the value of what was taken. A first offense involving lower-value items is generally a misdemeanor. Above a set dollar amount, the same act is charged as a felony.

Some states have a separate shoplifting or retail theft law with its own dollar lines, including Illinois, Georgia, Pennsylvania, and Delaware. A few states don't use the words felony and misdemeanor for theft at all: New Jersey grades theft by degree, and Maine grades crimes by class. If the amount was small, our guide to petty theft explains the lower levels.

When shoplifting becomes a felony: the value is over your state's felony amount

Every state sets a dollar amount where theft becomes a felony. The amount is based on the value of what was taken, and some states let prosecutors add several thefts together to reach it. Examples as of 2026:

• Texas: theft of $2,500 or more is a state jail felony. From $750 up to $2,500 it is a Class A misdemeanor (Penal Code §31.03(e)).
• Florida: theft of $750 or more is grand theft, a third-degree felony (Fla. Stat. §812.014(2)(c)).
• Illinois: retail theft over $300 is a Class 3 felony, a lower line than the $500 that applies to most other thefts (720 ILCS 5/16-25(f), 5/16-1(b)).
• Georgia: shoplifting over $500 is a felony punishable by one to ten years in prison (O.C.G.A. §16-8-14(b)(2)).

Adding thefts together can also cross the line. Michigan lets prosecutors combine retail thefts within any 12-month period that are part of a scheme or course of conduct (MCL 750.356c(3)). California's Proposition 36 lets the value of multiple thefts be combined to reach the $950 felony line (Penal Code §490.3).

Prior theft convictions can raise the charge

In many states, a low-value shoplifting charge can become a felony if you already have theft convictions. Examples as of 2026:

• Texas: theft under $2,500 is a state jail felony if the person has two or more prior theft convictions of any grade (Penal Code §31.03(e)(4)(D)).
• Florida: petit theft is a third-degree felony after two or more prior theft convictions (Fla. Stat. §812.014(3)(c)).
• Pennsylvania: a third or later retail theft offense is a third-degree felony regardless of value, and an earlier accelerated rehabilitative disposition (ARD) counts toward that total (18 Pa.C.S. §3929(b)(1)(iv), (b.1)).
• California: since December 18, 2024, petty theft or shoplifting can be charged as a felony when the person has two or more prior convictions for listed theft-related crimes (Penal Code §666.1, added by Proposition 36).

Aggravating facts: organized retail theft, theft from a person, and theft tools

How the theft happened can matter as much as the amount.

• Organized retail theft. In Texas, stealing from a merchant together with another person, or on two or more occasions within 180 days, is a state jail felony once the total reaches $750, well below the usual $2,500 line (Penal Code §31.16). Arizona treats taking merchandise to resell it, or using a container or device to help remove it, as organized retail theft, a class 4 felony (A.R.S. §13-1819).
• Theft from a person. Taking property directly from another person is a felony regardless of value in several states, including New York (Penal Law §155.30(5)), Texas (Penal Code §31.03(e)(4)(B)), and Arizona (A.R.S. §13-1802(G)).
• Theft tools and devices. In Arizona, using an artifice, instrument, container, or device to shoplift is a class 4 felony (A.R.S. §13-1805(I)). In Texas, deactivating a retail theft detector or using a shielding device moves the charge up one level (Penal Code §31.03(f)(5)).

Felony shoplifting amounts by state

Here is the general felony line for theft in each state and Washington, D.C., with the statute that sets it. Where a state's shoplifting or retail theft law uses a different amount, both are shown. Prior convictions, firearms, theft from a person, and organized retail theft can make smaller amounts a felony, as described above.

These amounts are current as of October 2026 and can change. Check the current statute or ask an attorney before relying on them. Each state name links to our page on that state's theft and shoplifting laws and class requirements.

• Alabama: felony over $500; theft is a Class D felony and retail theft a Class C felony (Ala. Code §§13A-8-4.1, 13A-8-224)
• Alaska: class C felony at $750 or more (Alaska Stat. §11.46.130)
• Arizona: class 6 felony at $1,000 or more for theft and shoplifting (A.R.S. §§13-1802, 13-1805)
• Arkansas: Class D felony over $1,000, or for less with a theft conviction in the past 10 years (Ark. Code Ann. §5-36-103)
• California: grand theft over $950 (Cal. Penal Code §§487, 490.2)
• Colorado: class 6 felony at $2,000 or more (C.R.S. §18-4-401)
• Connecticut: class D felony over $2,000 (Conn. Gen. Stat. §53a-124)
• Delaware: class G felony at $1,500 or more for shoplifting and over $1,500 for other theft (11 Del. C. §§840, 841)
• District of Columbia: first-degree theft, punishable by up to 10 years, at $1,000 or more (D.C. Code §22-3212)
• Florida: grand theft, a third-degree felony, at $750 or more (Fla. Stat. §812.014)
• Georgia: shoplifting is a felony over $500; other theft over $1,500 (O.C.G.A. §§16-8-14, 16-8-12)
• Hawaii: class C felony over $750 (HRS §708-831)
• Idaho: felony (grand theft) over $1,000 (Idaho Code §18-2407)
• Illinois: retail theft is a Class 3 felony over $300; other theft over $500 (720 ILCS 5/16-25, 5/16-1)
• Indiana: Level 6 felony at $750 or more (Ind. Code §35-43-4-2)
• Iowa: class D felony over $1,500 (Iowa Code §714.2)
• Kansas: severity level 9 felony at $1,500 or more (K.S.A. 21-5801)
• Kentucky: Class D felony at $1,000 or more (KRS 514.030)
• Louisiana: up to five years, with or without hard labor (a felony range), at $1,000 or more (La. R.S. 14:67)
• Maine: Class C crime, punishable by up to five years, over $1,000 (17-A M.R.S. §353)
• Maryland: felony at $1,500 or more (Md. Code, Crim. Law §7-104)
• Massachusetts: up to five years in state prison (felony level) over $1,200 (M.G.L. c. 266, §30)
• Michigan: felony at $1,000 or more, including first-degree retail fraud (MCL §§750.356, 750.356c)
• Minnesota: felony over $1,000 (Minn. Stat. §609.52)
• Mississippi: felony (grand larceny) at $1,000 or more (Miss. Code Ann. §97-17-41)
• Missouri: class D felony at $750 or more (RSMo §570.030)
• Montana: felony over $1,500 (Mont. Code Ann. §45-6-301)
• Nebraska: Class IV felony at $1,500 or more (Neb. Rev. Stat. §28-518)
• Nevada: category D felony at $1,200 or more (NRS 205.0835)
• New Hampshire: class B felony over $1,000 (RSA 637:11)
• New Jersey: no felony label; a fourth-degree crime from $200 to $500 and a third-degree crime over $500 (N.J.S.A. 2C:20-2)
• New Mexico: fourth-degree felony over $500 (N.M. Stat. Ann. §30-16-1)
• New York: class E felony (grand larceny) over $1,000 (N.Y. Penal Law §155.30)
• North Carolina: Class H felony over $1,000 (N.C. Gen. Stat. §14-72)
• North Dakota: class C felony over $1,000 (N.D. Cent. Code §12.1-23-05)
• Ohio: fifth-degree felony at $1,000 or more (Ohio Rev. Code §2913.02)
• Oklahoma: felony (grand larceny) at $1,000 or more (Okla. Stat. tit. 21, §1704)
• Oregon: Class C felony at $1,000 or more (ORS 164.055)
• Pennsylvania: retail theft is a third-degree felony over $1,000 or on a third offense; other theft over $2,000 (18 Pa.C.S. §§3929, 3903)
• Rhode Island: felony over $1,500 (R.I. Gen. Laws §11-41-5)
• South Carolina: felony over $2,000 for larceny and shoplifting (S.C. Code Ann. §§16-13-30, 16-13-110)
• South Dakota: Class 6 felony over $1,000 (SDCL 22-30A-17)
• Tennessee: Class E felony over $1,000 (Tenn. Code Ann. §39-14-105)
• Texas: state jail felony at $2,500 or more (Tex. Penal Code §31.03)
• Utah: third-degree felony at $1,500 or more (Utah Code §76-6-404)
• Vermont: grand larceny, punishable by up to 10 years, over $900 (13 V.S.A. §2501)
• Virginia: felony (grand larceny) at $1,000 or more (Va. Code §18.2-95)
• Washington: class C felony over $750 (RCW 9A.56.040)
• West Virginia: felony (grand larceny) at $1,000 or more (W. Va. Code §61-3-13)
• Wisconsin: Class I felony over $2,500 (Wis. Stat. §943.20)
• Wyoming: felony at $1,000 or more (Wyo. Stat. Ann. §6-3-402)

Shoplifting penalties: misdemeanor vs. felony

The penalty for shoplifting depends on the grade of the charge. These maximums from four states, as of 2026, show the range:

• Texas: under $100 is a Class C misdemeanor with a fine of up to $500 and no jail sentence; $100 to under $750 is a Class B misdemeanor, up to 180 days and a $2,000 fine; $750 to under $2,500 is a Class A misdemeanor, up to one year and a $4,000 fine; a state jail felony carries 180 days to two years and up to a $10,000 fine (Penal Code §§12.21 to 12.23, 12.35).
• Florida: petit theft under $100 carries up to 60 days and a $500 fine; $100 to under $750, up to one year and a $1,000 fine; third-degree grand theft, up to five years and a $5,000 fine (Fla. Stat. §§775.082, 775.083).
• New York: petit larceny is a class A misdemeanor, with up to 364 days in jail and a $1,000 fine; grand larceny in the fourth degree is a class E felony, with up to four years (Penal Law §§70.15, 80.05, 70.00).
• Michigan: under $200 carries up to 93 days; $200 to under $1,000, up to one year; $1,000 to under $20,000 is a felony with up to five years. Fines can reach three times the value taken (MCL 750.356).

These are the highest sentences the law allows. A judge can order less, and a sentence may include probation, restitution, community service, or a theft class instead of, or along with, jail time.

A conviction can also matter outside court. Under the federal Fair Credit Reporting Act, the seven-year limit on reporting old records in background checks does not apply to criminal convictions. USCIS policy notes that petty theft and grand theft are crimes involving moral turpitude in some states, so if you are not a U.S. citizen, tell your lawyer right away. A store may also send a civil demand letter, which is separate from the criminal case.

What to do after a shoplifting charge

1. Read your paperwork. Note the charge, the court, and your court date. Missing a court date can lead to a warrant.
2. Talk to a criminal defense attorney or public defender. A lawyer can tell you how your state grades the charge and what outcomes are realistic. If you can't afford one, ask the court whether you qualify for a public defender.
3. Be careful about what you say. The Fifth Amendment protects your right not to be a witness against yourself. Talk to your lawyer before discussing the case with police.
4. Ask about diversion. Many courts and prosecutors have diversion or deferred programs for first offenses, and some end in a dismissal. Eligibility and terms vary. Our guide to what happens after you're caught shoplifting covers examples.
5. Get the class details before you enroll. If your court, prosecutor, probation officer, or diversion program requires a theft or shoplifting class, our self-paced online Theft Awareness Class covers the consequences of theft, triggers and high-risk situations, and a personal prevention plan. Before enrollment, confirm the specific course and required hours with your probation officer, attorney, or assigning authority. See court-ordered class options.