§708-830.5  Theft in the first degree.  (1)  A person commits the offense of theft in the first degree if the person commits theft:

    (a)   Of property or services, the value of which exceeds $20,000;

    (b)   Of a firearm;

    (c)   Of dynamite or other explosive; or

    (d)   Of property or services during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127, the value of which exceeds $300.

     (2)  Theft in the first degree is a class B felony. [L 1986, c 314, §63; am L 1992, c 289, §1; am L 1993, c 14, §1; am L 2006, c 116, §6]

 

Case Notes

 

  Where defendant returned new vehicle after 72 hour possession and prosecution was unable to prove any economic loss to car dealership, no intent to deprive dealership of significant portion of vehicle's economic value, use, or benefit.  86 H. 207, 948 P.2d 1048 (1997).

  Where appeals court correctly held that defendant's theft offense under §708-830(1) and subsection (1)(a) required proof of a value element which defendant's federal conspiracy offense did not, and was designed to prevent a substantially different harm--the deprivation of property rights versus the threat posed by agreements to commit criminal conduct, defendant's prosecution in state court was not barred under §701-112 and the circuit court did not err in denying defendant's motion to dismiss in this respect. 126 H. 205, 269 P.3d 740 (2011).