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Theft by Unauthorized Taking

Posted by on in Criminal Defense
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New Hampshire RSA 637:4 Theft by Unauthorized Taking is defined as, "A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof."

The penalties for theft are found in NH RSA 637:11

637:11 Penalties. – 
    I. Theft constitutes a class A felony if: 
       (a) The value of the property or services exceeds $1,500, or 
       (b) The property stolen is a firearm, or 
       (c) The actor is armed with a deadly weapon at the time of the theft, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g. 
    II. Theft constitutes a class B felony if: 
       (a) The value of the property or services is more than $1,000 but not more than $1,500, or 
       (b) The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor, or 
       (c) The theft constitutes a violation of RSA 637:5, II(a) or (b), or 
       (d) The property or services stolen are from 3 separate business establishments within a 72-hour period, or 
       (e) The property is stolen with intent to resell or distribute. It would be prima facie evidence that the offense constitutes theft with intent to resell or distribute when the theft consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or 
       (f) The property received in violation of RSA 637:7 consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or 
       (g) The actor has twice before been convicted of offenses under RSA 637:3-a, II and the present and prior convictions were based on offenses committed within a 36-month period. 
    III. Theft constitutes a misdemeanor if the value of the property or services does not exceed $1,000.

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