Alabama Theft Laws: Felony Over $500, Retail Theft and Penalties

In Alabama, theft becomes a felony when the property "exceeds five hundred dollars ($500) in value." Theft above that line up to $1,499 is theft of property in the third degree, a Class D felony (Ala. Code 13A-8-4.1). Shoplifting has been a separate crime, retail theft, since Act 2023-531, with its own felony lines. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alabama state theft law in Title 13A, Chapter 8 of the Code of Alabama (Article 1, theft and related offenses, and Article 11, the Retail Theft Crime Prevention Act), elder financial exploitation in 13A-6-195 to 13A-6-197, the sentencing and fine sections 13A-5-6, 13A-5-7, 13A-5-9, 13A-5-11 and 13A-5-12, merchant detention under 15-10-14, and civil liability under 6-5-271 and 6-5-272. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Alabama

Under Ala. Code 13A-8-2(a), a person commits theft of property if he or she "knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property," or "knowingly obtains by deception control over the property of another, with intent to deprive the owner." The section also covers property in police custody that an agent represented as stolen, and donated items left at a charity's property or drop box or within 30 feet of a drop box or trailer.

Alabama does not use petty or grand larceny labels. The chapter definitions in 13A-8-1(8) fold the old offenses into one: "obtains or exerts unauthorized control" includes conduct "heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses." Theft is then graded by degree.

Alabama theft penalties by degree

The prison terms come from 13A-5-6(a) for felonies and 13A-5-7(a)(1) for a Class A misdemeanor ("not more than one year"). The fine caps come from 13A-5-11(a) and 13A-5-12(a), and both sections also allow instead "any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense."

The value lines use the statute's own words. Third-degree theft is property that "exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value." Second-degree theft is property "between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value." First-degree theft is property that "exceeds two thousand five hundred dollars ($2,500) in value."

When the range can be higher

These are ordinary statutory ranges. Alabama's Habitual Felony Offender Act, 13A-5-9, raises the class for people with earlier felonies. Under 13A-5-9(a)(1), a defendant "previously convicted of a Class A, Class B, or Class C felony" who then commits a Class C felony "must be punished for a Class B felony." Under 13A-5-9(d) and (e), a person previously convicted of "two or more felonies that are Class A or Class B felonies," or of "any three or more felonies," who then commits a Class D felony "must be punished for a Class C felony." Two or three prior felonies raise the range further under 13A-5-9(b) and (c). Since Act 2026-496 took effect on October 1, 2026, 13A-5-9(f) provides that "convicted" includes "any conviction from this state or out of this state," and that a conviction based on a plea of nolo contendere, no contest, a best interests plea or an Alford plea "shall be treated in the same manner as a conviction based on a plea of guilty unless any of the foregoing pleas has been expunged."

Separately, 13A-5-6(a)(6) sets a minimum of "not less than 10 years" for "a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony."

Felonies regardless of value

Several kinds of property set the degree no matter what they are worth:

• From the person: "property of any value taken from the person of another" is first-degree theft, a Class B felony (13A-8-3(a)).
• Motor vehicles: "The theft of a motor vehicle, regardless of its value, constitutes theft of property in the first degree" (13A-8-3(b)).
• Firearms: theft of "a firearm, rifle, or shotgun, regardless of its value," is second-degree theft, a Class C felony (13A-8-4(c)).
• Controlled substances: theft of any substance controlled by Chapter 2 of Title 20, "regardless of value," is second-degree theft (13A-8-4(d)).
• Livestock: theft of "any livestock which includes cattle, swine, equine or equidae, or sheep, regardless of their value," is second-degree theft (13A-8-4(e)).
• Credit and debit cards: "The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the third degree," a Class D felony (13A-8-4.1(c)).

Theft rings. Under 13A-8-3(c), theft is first-degree theft when it involves all of the following: it is "a common plan or scheme by one or more persons"; its object is to sell or transfer the property to someone "that buys the property with knowledge or reasonable belief that the property is stolen"; and "the aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period." If the scheme spans two or more counties, prosecution may be brought in any county where the offense occurred or the property was disposed of.

How value is measured and when thefts are combined

Under 13A-8-1(15), value means "the market value of the property at the time and place of the criminal act." Checks and similar instruments are valued at the amount due on them. "When the value of property cannot be ascertained pursuant to the standards set forth above, its value shall be deemed to be an amount not exceeding five hundred dollars ($500)."

The same definition allows aggregation: "Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense; provided, that only one conviction may be had and only one sentence enforced for all thefts included in such aggregate."

Shoplifting: retail theft in Alabama

Act 2023-531 created the Retail Theft Crime Prevention Act (13A-8-220 to 13A-8-233). Under 13A-8-222, a person commits retail theft if, with intent to obtain or exert unauthorized control over retail merchandise or to deprive the merchant of all or part of its value, he or she knowingly does any of the following:

• Conceals "and takes possession of two or more items of retail merchandise."
• Alters, transfers or removes a price tag or label "and purchases, or attempts to purchase, the merchandise at less than its value."
• Moves merchandise from one container to another "with the intent to purchase the merchandise at less than its retail value."
• Causes the register to show less than the retail value, or causes the amount paid to be less than the stated price.
• "Fails to scan the barcode and pay for retail merchandise at a cash register or self-checkout register."
• "Alters, bypasses, disables, shields, or removes any security or alarm device" before purchase.
• "Removes or causes the removal of retail merchandise from the premises of a retail establishment."
• Collaborates with a store employee to commit retail theft.

Retail theft penalties

Retail value means "the actual retail price of merchandise prior to the commission of the subject criminal offense" (13A-8-221(7)), and "the unaltered price tag or other marking on the merchandise, or duly identified photographs of the merchandise, shall be prima facie evidence of the merchandise's actual retail value and ownership" (13A-8-231(b)(2)). The ordinary ranges for each class are the same as in the general theft table above. Under 13A-8-229, the article does not prevent charges under other laws for the same criminal transaction.

Concealment as evidence

Under 13A-8-231(a), concealing unpaid merchandise that "has been taken beyond the area within the retail establishment or premises of a retail establishment where payment for it is to be made" is prima facie evidence of intent to deprive the merchant. Subsection (c) adds that "the mere possession of goods or the production by shoppers of improperly priced merchandise for checkout" is not prima facie evidence of guilt.

Organized retail theft

Under 13A-8-226, organized retail theft is committed by a person who, "in association with one or more other persons," knowingly organizes or assists others in it, defeats an anti-shoplifting or inventory device, receives or possesses merchandise for resale knowing or believing it was stolen from a retail merchant, uses a device or container to facilitate it, stays in a store after hours to steal, uses an electronic device to facilitate retail theft, or uses a rental or stolen vehicle to conceal identity. Thefts aggregating over $2,500 over a one-year or longer period, $1,000 or more in 180 days, or $500 or more in 30 days also constitute organized retail theft. It is a Class B felony (13A-8-226(e)), and it is no defense that the others involved have not been charged, convicted or identified.

Merchant detention

Under 15-10-14(a), a peace officer, merchant or merchant's employee "who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time." That detention does not make them "criminally or civilly liable for false arrest, false imprisonment or unlawful detention." Section 13A-8-230(c) makes any arrest or detention by a retail merchant under the retail theft article "subject to the requirements and protections as provided in Section 15-10-14."

Can a store demand money after shoplifting in Alabama?

Alabama's civil remedy is 6-5-271. An adult or emancipated minor "who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5" is civilly liable to the merchant for:

1. "The full retail value of the merchandise if not recovered in merchantable condition at its full retail price."
2. "Expenses for recovery of the merchandise in the amount of $200."
3. "Reasonable attorney's fees and court costs not to exceed $1000."

The section's text refers to the theft of property sections 13A-8-3, 13A-8-4 and 13A-8-5; it does not mention 13A-8-4.1 or the 2023 retail theft article.

Parents or legal guardians of an unemancipated minor under 19 face the same liability, but only "for up to three offenses" in a calendar year, "with a maximum liability of $750 for each offense" (6-5-271(b)(4)). Certified foster homes are not liable for unrelated children in their care, and parents are not liable for a child not living with them (6-5-271(d)). The same section also covers leaving a restaurant without paying for a meal with intent to defraud (6-5-271(c)).

Under 6-5-272(a), "a conviction or a plea of guilty to the criminal offense of theft of property as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit." A merchant may send a written demand before suing, and 6-5-272(c) prescribes what the demand letter must contain, including a statement that if payment is not received "within 30 days from the date of this letter" the merchant may seek to enforce its rights in court.

The statute sets what a merchant can recover; it does not decide whether a particular demand is valid. A lawyer licensed in Alabama can advise on a specific demand letter.

Financial exploitation of an elderly person

A separate article outside the theft chapter applies when the victim is an "elderly person," defined in 13A-6-191(3) as "a person 60 years of age or older." Financial exploitation means "the use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person's property with the intent to deprive the elderly person of his or her property," or a guardian's, conservator's or agent's breach of fiduciary duty that results in an unauthorized appropriation, sale or transfer of the elderly person's property (13A-6-191(5)).

Other theft offenses with their own grades

Article 1 of Chapter 8 contains these other theft offenses:

Chapter 8 also contains separate articles on shopping carts, theft of consigned motor fuels, theft of cable television services, and theft by fraudulent leasing or rental of property. Identity theft under the Consumer Identity Protection Act (Article 10) is covered in our guide to Alabama identity theft laws.

Recent changes

• 2015: Act 2015-185 created third-degree theft (13A-8-4.1) and amended the second- and fourth-degree theft sections.
• 2019: Act 2019-513 created aggravated theft by deception (13A-8-2.1).
• 2023: Act 2023-531 created the Retail Theft Crime Prevention Act, including retail theft in three degrees and organized retail theft.
• 2025: Act 2025-367 created aggravated theft of employee retirement benefits (13A-8-2.2), and Act 2025-428 created the mail theft offense in 13A-8-5.1.
• 2026: Act 2026-496, effective October 1, 2026, amended the Habitual Felony Offender Act by adding 13A-5-9(f), which defines "convicted" to include out-of-state convictions and convictions on nolo contendere, no contest, best interests or Alford pleas unless the plea has been expunged. The theft grading sections (13A-8-3 to 13A-8-5) were last amended in 2015 or earlier.

Related legal issues

• Theft by deception overlaps with scams and fraud schemes, covered in our guide to Alabama scam and fraud laws.
• Whether a theft record can be cleared is covered in Alabama expungement laws.
• Deadlines for bringing charges and civil claims are covered in the Alabama statute of limitations guide.

Federal theft offenses are covered on the theft laws by state hub.

Related

• Theft laws by state
• Alabama scam and fraud laws
• Alabama identity theft laws
• Alabama expungement laws
• Alabama statute of limitations

This article provides general legal information about Alabama theft law, not legal advice. Statutes change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Alabama.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Alabama?

Theft becomes a felony when the property exceeds $500 in value. Theft of property over $500 up to $1,499 is third-degree theft, a Class D felony (Ala. Code 13A-8-4.1), with an ordinary range of 1 year and 1 day to 5 years (13A-5-6).

Is stealing $500 a felony in Alabama?

No. Theft of property that does not exceed $500 is fourth-degree theft, a Class A misdemeanor (13A-8-5). The felony grade starts when the value exceeds $500.

Is shoplifting a felony in Alabama?

Retail theft is a Class C felony when the merchandise exceeds $500 and does not exceed $2,500, and a Class B felony above $2,500 or when thefts in a 180-day period total $1,000 or more (13A-8-223, 13A-8-224). Retail theft of $500 or less is a Class A misdemeanor, but a fourth or later conviction under the article is a Class C felony (13A-8-225).

What is the penalty for fourth-degree theft in Alabama?

Fourth-degree theft is a Class A misdemeanor: up to one year in jail (13A-5-7) and a fine up to $6,000, or up to double the defendant's gain or the victim's loss (13A-5-12).

Is stealing a car a felony in Alabama?

Yes. Theft of a motor vehicle, regardless of its value, is first-degree theft of property, a Class B felony (Ala. Code 13A-8-3(b)).

Is stealing a gun a felony in Alabama?

Yes. Theft of a firearm, rifle or shotgun, regardless of value, is second-degree theft, a Class C felony (13A-8-4(c)). Taking one from a retail merchant is first-degree retail theft, a Class B felony (13A-8-223(a)(3)).

Can a store make me pay after shoplifting in Alabama?

Under Ala. Code 6-5-271, a person who commits or attempts theft of goods for sale on a merchant's premises in violation of 13A-8-3, 13A-8-4 or 13A-8-5 is civilly liable for the retail value of merchandise not recovered in merchantable condition, $200 in recovery expenses, and reasonable attorney's fees and court costs up to $1,000. A conviction is not required (6-5-272).

Can a store detain someone for shoplifting in Alabama?

Under Ala. Code 15-10-14, a merchant or employee with probable cause to believe goods were unlawfully taken, and that they can be recovered, may detain the person in a reasonable manner for a reasonable length of time. The retail theft article applies the same section to merchant detentions (13A-8-230(c)).

Can several thefts be added together in Alabama?

Yes. Amounts taken under one scheme or course of conduct, from one or several people, may be aggregated to set the grade, with only one conviction and one sentence for the aggregated thefts (13A-8-1(15)). Retail theft adds a separate 180-day aggregation rule (13A-8-223(a)(2)).