What Are the Felony Laws When It Comes to Stealing Alcohol?
We found no rule that makes stealing alcohol a special crime; state theft laws generally grade the offense by the value taken and by prior convictions. As one example, Texas Penal Code section 31.03 makes theft of $2,500 or more a state jail felony, and under $100 a Class C misdemeanor. Laws differ by state and change, so check your state's rules.
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Value decides the grade
State theft laws generally grade the offense by the value of the property. Texas is one example, and its statute is clear. We have not checked other states, so use this as an illustration, not as a rule for where you live.
Texas example: Penal Code section 31.03(e)
| Value stolen | Grade |
|---|---|
| Less than $100 | Class C misdemeanor |
| $100 to under $750 | Class B misdemeanor |
| $750 to under $2,500 | Class A misdemeanor |
| $2,500 to under $30,000 | State jail felony |
| $30,000 to under $150,000 | Third-degree felony |
| $150,000 to under $300,000 | Second-degree felony |
| $300,000 or more | First-degree felony |
Prior theft convictions can raise the grade. The statute makes a theft under $100 a Class B misdemeanor if the person was previously convicted of any grade of theft, and a state jail felony if the value is under $2,500 and the person has two or more prior theft convictions.
What this means for a bottle or a case
By value, a single bottle usually falls in the lower misdemeanor tiers. A large amount of stock, or repeat offenses, can reach the felony range. Other offenses may also apply, which we did not research.
Next steps
- Fines and sentences are in other parts of the code that we did not read.
- Laws change. Check your state’s current statute.
- If you are charged, ask a lawyer.
People also ask
Is stealing alcohol a felony?
It depends on the state, the value taken and prior convictions. In Texas, theft of $2,500 or more is a state jail felony under Penal Code 31.03.
What is the felony threshold for theft in Texas?
$2,500 for a state jail felony, per Penal Code 31.03(e)(4), or two or more prior theft convictions with a value under $2,500.
Do prior convictions change the charge?
In Texas they can. A theft under $100 becomes a Class B misdemeanor with a prior theft conviction.
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