Delaware Theft Laws: Felony Threshold, Penalties, Shoplifting (2026)

In Delaware, theft becomes a felony when the aggregate value of the property is more than $1,500: under 11 Del. C. 841(c)(3)a, theft of "More than $1,500" is a class G felony, and anything at or below that line is a class A misdemeanor unless another rule applies. That line applies to conduct on or after September 14, 2026, when 85 Del. Laws c. 502 took effect; for conduct before that date, theft of property worth $1,500 or more was a class G felony. Shoplifting, a separate offense under 11 Del. C. 840, uses a slightly different line: it is a class G felony when the goods are "of the value of $1,500 or more." Theft from a victim who is 62 or older, an impaired adult or a person with a disability is a felony at any value. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Delaware state theft law in Title 11, Chapter 5, Subchapter III, Part D of the Delaware Code (sections 840 through 860), plus section 813, the related firearm-theft sections 1450 and 1451, the sentencing sections 4205, 4206 and 4214, burglary under section 824 only where it reaches store theft, and the civil shoplifting remedy in 10 Del. C. 8143. It does not cover federal theft offenses, local ordinances, robbery, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Delaware

Delaware folds the old larceny-type crimes into one offense. Under 11 Del. C. 841(a), a person is guilty of theft when the person "Takes, exercises control over, or obtains property of another person intending to deprive that person of it or appropriate it," "Commits an act described in §§ 841A through 846 of this title," or, having legally received property of another, "fraudulently converts the property of another to the person's own use."

Section 855(a) adds that "Every prosecution for theft shall be based upon § 841 of this title," and section 855(b) lets a person be found guilty of theft "if the defendant's conduct falls within any of the sections defining theft." The sections pulled in this way include theft of lost or mislaid property (842), false pretense (843), false promise (844), theft of services (845) and extortion (846).

"Property" is defined broadly in section 857(6) as "anything of value except land," and it expressly includes items such as "food, drink and electric or other power, and virtual currency."

Delaware theft penalties by value

The grading rules sit in 11 Del. C. 841(c). The default is a misdemeanor; value, and in some cases the victim, moves the offense up.

Section 841(c)(3) sets these tiers "where the aggregate value of the property received, retained, or disposed of in a single, distinct act of theft or in a single course of conduct comprising multiple related thefts" crosses each line. Delaware has no separate tier between $1,500 and $50,000, and it does not use the terms petty or grand theft.

The prison terms come from 11 Del. C. 4205(b) for felonies and 4206(a) for class A misdemeanors. For felonies, section 4205(k) adds that "the court may impose such fines and penalties as it deems appropriate." Under section 841(d), "Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered."

These are the ordinary statutory ranges, not a prediction of any sentence. Delaware's habitual criminal statute, 11 Del. C. 4214(a), can raise them: a person "who has been 3 times convicted of any felony" under the laws of Delaware or another jurisdiction "and who shall thereafter be convicted of a subsequent felony is declared to be an habitual criminal," and on the State's petition the court "shall impose the applicable minimum sentence pursuant to subsection (b), (c) or (d) of this section and may, in its discretion, impose a sentence of up to life imprisonment." Section 4214(a) also reaches a person with 2 prior convictions for a Title 11 violent felony who is convicted of another violent felony.

Older, impaired or disabled victims

Section 841(c)(1) makes theft a class A misdemeanor "unless a victim is 62 years of age or older, or an 'adult who is impaired' as defined in § 3902 of Title 31, or a 'person with a disability' as defined in § 3901(a)(2) of Title 12, in which case theft is a class G felony." That rule has no dollar floor. Above $1,500, theft from such a victim is a class F felony, which carries up to 3 years at Level V (841(c)(3)b; 4205(b)(6)).

Thefts that are felonies regardless of value

• Motor vehicle. Taking, exercising control over or obtaining "a motor vehicle of another person intending to deprive the other person of it or appropriate it" is theft of a motor vehicle, a class G felony (11 Del. C. 841A). The definition excludes mopeds, off-highway vehicles, motorized scooters and similar devices.
• Firearm. Theft of a firearm is a class F felony under 11 Del. C. 1451, and receiving a stolen firearm is a class F felony under 11 Del. C. 1450.
• Livestock. "Whoever feloniously steals, takes and carries away any cow, steer, bull, calf, heifer or swine is guilty of larceny and a class G felony" (11 Del. C. 859(a)). No person convicted under that section is eligible for probation or parole during the first 6 months of the sentence (859(b)).
• Impersonating a family member. Theft carried out using a communication "represented to be from an immediate family member of the victim" is a class F felony at any value, a class E felony when the victim is 62 or older (or impaired or disabled) and the value is $1,500 or more, a class C felony above $50,000 and a class B felony at $100,000 or more (11 Del. C. 841F).

How thefts are added together

Section 841(e) defines a "course of conduct" as "A pattern of actions composed of more than 1 act over a period of time, evidencing a singular continuity of purpose as assessed through the factors of timing, location, and intent," or "A larcenous scheme or plan which constitutes a continuous transaction." Section 855(c) adds that when theft or a related offense is committed "pursuant to 1 scheme or continuous course of conduct, whether from the same or several sources, the conduct may be considered as 1 offense and the value of the property or services aggregated in determining whether the theft is a felony or misdemeanor."

Prior theft convictions

Sections 840 and 841 contain no prior-conviction step-up for ordinary theft or shoplifting; section 841(b) reads "[Repealed.]" Several related offenses do count priors: theft: organized retail crime becomes a class E felony after 2 or more prior convictions for that offense (841B(c)); receiving stolen property is a class G felony if "the receiver has twice before been convicted of receiving stolen property" (851); and selling stolen property is a class G felony if the seller "has been convicted 2 or more times of selling stolen property" (852A). The general habitual criminal statute described above applies to felonies of any kind.

Shoplifting in Delaware

Delaware treats shoplifting as its own offense. Under 11 Del. C. 840(a), a person is guilty of shoplifting if, while in a store where goods are displayed for sale, the person:

1. Removes goods from display or elsewhere in the store "with intent to appropriate the same to the use of the person so taking, or to deprive the owner of the use, the value or possession thereof without paying to the owner the value thereof";
2. Obtains goods by charging them to another person without authority, or to a fictitious person;
3. Conceals goods with like intent;
4. Alters, removes or disfigures a label, price tag or marking;
5. Transfers goods from their container to another container; or
6. Uses any instrument, credit slip or chose in action to obtain goods with that intent.

Grade. "Shoplifting is a class G felony when the goods, wares or merchandise shoplifted are of the value of $1,500 or more, or when the goods, wares or merchandise shoplifted are from 3 or more separate mercantile establishments and were shoplifted in the same or continuing course of conduct and the aggregate value of the goods is $1,500 or more. When the goods, wares or merchandise shoplifted are of the value of less than $1,500, it is a class A misdemeanor" (11 Del. C. 840). Note the boundary: shoplifting goods worth exactly $1,500 is a felony, while general theft of exactly $1,500 is not.

Concealment presumption. A person "wilfully concealing unpurchased merchandise" of a store, inside or outside the premises, "shall be presumed" to have intended to convert it without paying, and finding concealed merchandise on the person or among the person's belongings outside the store "shall be presumptive evidence of intentional concealment" (840(b)).

Organized retail crime and retail fraud offenses

• Theft: organized retail crime. Taking retail merchandise, or receiving it as stolen property, "in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate or to resell or reenter the merchandise into commerce" (11 Del. C. 841B(a)). A series of such thefts "may be aggregated into 1 count or charge, with the sum of the value of all the retail merchandise being the value considered in determining the degree" (841B(b)), and 2 or more prior convictions make it a class E felony, which carries up to 5 years (841B(c); 4205(b)(5)).
• Illegitimate receipts and UPC labels. Possessing, using, making or altering a retail sales receipt or Universal Product Code label "with intent to cheat or defraud another" is a class A misdemeanor, or a class F felony for "15 or more" such receipts or labels or an aggregate value of "$1,500 or more" (11 Del. C. 840A).
• Shoplifter's tools. Possessing any tool "adapted, designed or commonly used for committing or facilitating" shoplifting or "the overriding, disabling or evading of a security device without authorization" is a class F felony (11 Del. C. 860).

Can entering a store to steal be burglary?

Generally not while the store is open. Burglary in the third degree, a class F felony, requires that a person "knowingly enters or remains unlawfully in a building with intent to commit a crime therein" (11 Del. C. 824). Under section 829(e), a person who enters premises "which appear at the time to be open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the owner of the premises or another authorized person." The same subsection adds that permission to be in a building that is only partly open to the public does not extend to "that part of the building which is not open to the public." Burglary is otherwise outside the scope of this page.

Can a store detain someone suspected of shoplifting?

Under 11 Del. C. 840(c), a merchant, store supervisor, agent or employee "18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting" may, "for the purpose of summoning a law-enforcement officer, take the person into custody and detain the person in a reasonable manner on the premises for a reasonable time." Section 840(d) protects the merchant from civil or criminal liability for the detention or arrest, provided the merchant had probable cause at the time.

Civil penalties: can a store demand money after shoplifting?

Yes, within limits set by 10 Del. C. 8143. Before suing, a merchant may send a notice asking for payment within 20 days, and "It is not a condition precedent to maintaining an action under this section that the defendant has been convicted of shoplifting or theft or that a police report has been filed" (8143(a)(1)).

The statute ties the amount to the merchandise:

• Goods not recovered in their original condition: "a penalty equal to the retail value of the merchandise" plus "a penalty in the amount of the retail value of the merchandise or $150, whichever is greater."
• Goods recovered in merchantable condition: "a penalty equal to the retail value of the merchandise attempted to be taken or $150, whichever is greater."

If that amount is paid within 20 days of the initial demand letter, no civil action under the section may be maintained, and the person "shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft" (8143(a)(2), (b)). If the person does not respond in time, the merchant may also request reasonable attorneys' fees and "shall be entitled to recover costs of suit and reasonable attorneys' fees upon filing of an action" (8143(a)(2)). Parents or legal guardians of an unemancipated minor "shall be jointly and severally liable civilly to the merchant," though not foster parents or a governmental entity assigned responsibility for the child (8143(c)).

These provisions set what a merchant can recover; they do not say how a particular demand letter should be answered. A lawyer licensed in Delaware can advise on a specific letter.

Other theft offenses with their own grades

These sections in and next to the theft subchapter set their own grade instead of relying on the value tiers in section 841(c):

Several of these use "$1,500 or more" rather than the "More than $1,500" wording of section 841(c)(3)a. Gift card theft has its own value rule: for that section, value means "the greatest amount of economic loss the owner of the property might reasonably suffer including, in the case of a gift card, the full monetary face value" (841E(a)(8)).

Recent changes to Delaware theft law

• New offenses. Section 841E, crimes related to gift cards, was enacted by 85 Del. Laws c. 466, and section 841F, theft by impersonation of a family member, by 85 Del. Laws c. 499. Both are punished under the theft framework described above.
• Felony line moved (2026). 85 Del. Laws c. 502 (House Substitute 1 for House Bill 276), effective September 14, 2026, changed the general theft felony line from "$1,500 or more" to "More than $1,500," made the same change to the class F tier for older, impaired or disabled victims, and added the rule that values from "a single course of conduct comprising multiple related thefts" are aggregated (841(c)(3), (e)). For conduct before that date, theft of property worth $1,500 or more was a class G felony (class F for those victims).
• Vehicle security circumvention devices. 85 Del. Laws c. 393 (House Bill 351), effective July 23, 2026, added 21 Del. C. 6711, under which a person "may not knowingly manufacture, sell, offer to sell, transfer, or possess a vehicle security circumvention device, or aid or permit another to use" one, with exceptions for law enforcement, licensed dealers, locksmiths, repossession agencies and others acting for a lawful and reasonable purpose.
• Definitions. Section 857's source line lists 85 Del. Laws c. 510, and its current definition of property includes virtual currency.

Related legal issues

Theft by false pretense or false promise often overlaps with fraud and scams, covered in Delaware scam and fraud laws. Identity theft is a separate class D felony under 11 Del. C. 854, covered in Delaware identity theft laws. Whether a theft record can be cleared is covered in Delaware expungement laws, and filing deadlines for charges are in the Delaware statute of limitations guide.

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

Related

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

This page provides general legal information about Delaware theft statutes as of October 14, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Delaware.

Last updated: 2026-10-14.

Frequently Asked Questions

What is the felony theft amount in Delaware?

Under 11 Del. C. 841(c)(3)a, theft is a class G felony when the aggregate value is more than $1,500. Shoplifting under 11 Del. C. 840 is a class G felony at $1,500 or more. Theft from a victim who is 62 or older, an impaired adult or a person with a disability is a class G felony at any value.

Is stealing $1,500 a felony in Delaware?

Under the general theft statute, no: section 841(c)(3)a requires more than $1,500, so exactly $1,500 is a class A misdemeanor unless another rule applies. That rule took effect September 14, 2026 (85 Del. Laws c. 502); for conduct before that date, theft of $1,500 or more was a class G felony. Under the shoplifting statute, yes: section 840 makes shoplifting goods worth $1,500 or more a class G felony.

What is petty theft in Delaware?

Delaware law does not use the term petty theft. Theft of $1,500 or less is a class A misdemeanor under 11 Del. C. 841(c), punishable by up to 1 year at Level V and a fine up to $2,300 (11 Del. C. 4206(a)), unless the victim is 62 or older, impaired or disabled.

Is shoplifting a felony in Delaware?

Shoplifting is a class G felony when the goods are worth $1,500 or more, or when goods taken from 3 or more separate stores in the same or a continuing course of conduct total $1,500 or more; otherwise it is a class A misdemeanor (11 Del. C. 840). Entering an open store is generally not burglary unless the person defies a lawful order not to enter, personally communicated by the owner or another authorized person (11 Del. C. 829(e)).

How much can a store charge for shoplifting in Delaware?

Under 10 Del. C. 8143, a merchant may demand the greater of the retail value or $150, plus the retail value if the goods were not recovered in their original condition. Paying within 20 days of the demand letter bars a civil action under that section and entitles the person to a written release.

Does a store need a conviction to demand a civil penalty in Delaware?

No. 10 Del. C. 8143(a)(1) states that it is not a condition precedent to an action under that section that the defendant has been convicted of shoplifting or theft or that a police report has been filed.

Is stealing from an elderly person a felony in Delaware?

Yes. Under 11 Del. C. 841(c)(1), theft from a victim who is 62 or older, an impaired adult or a person with a disability is a class G felony regardless of value, and it is a class F felony when the value is more than $1,500.