Michigan Theft Laws: Felony Threshold, Retail Fraud, Penalties (2026)

In Michigan, larceny becomes a felony when the property stolen is worth $1,000 or more. MCL 750.356(3)(a) makes larceny a felony punishable by up to 5 years when "The property stolen has a value of $1,000.00 or more but less than $20,000.00," so property worth exactly $1,000 is already a felony. Below $1,000, larceny is a misdemeanor, but prior convictions, aggregation over 12 months and several value-independent felonies (larceny from the person, larceny of a firearm, larceny in a building, certain thefts from vehicles) can change the grade. Shoplifting is charged as retail fraud on the same $200 and $1,000 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 Michigan larceny and retail fraud law in the Michigan Penal Code (MCL 750.356, 750.356a, 750.356c, 750.356d, 750.357, 750.357b, 750.360 and 750.360a, plus the other larceny-chapter offenses and MCL 750.535 listed below, with the default felony penalty in MCL 750.503), the Organized Retail Crime Act (MCL 752.1083 and 752.1084), the sentencing guidelines listing in MCL 777.16r, and the civil provisions in MCL 600.2917 and 600.2953. It does not cover federal theft offenses, city or township ordinances, embezzlement, or identity theft and fraud schemes, which have their own pages linked below.

Felony theft threshold in Michigan

MCL 750.356 is Michigan's general larceny statute. It applies to a person "who commits larceny by stealing" money, goods or chattels, financial instruments such as bank notes and bonds, account books, deeds, receipts, writs or public records, or scrap metal (MCL 750.356(1)). Each of its penalty tiers depends on the value of what was taken, and the felony line sits at $1,000:

"(a) The property stolen has a value of $1,000.00 or more but less than $20,000.00."

That subdivision of MCL 750.356(3) carries a felony "punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine." The words "or more" mean a theft of exactly $1,000 is a felony.

Michigan's larceny statute does not use the terms petty or grand larceny; it grades by dollar value. The section defines value only for scrap metal, where "the value of the property stolen" means the greatest of the replacement cost, the cost of repairing the damage caused by the theft, or the sum of the two (MCL 750.356(6)). It does not set a general measure of value for other property.

Michigan larceny penalties by value

Each penalty is written into the larceny section itself. These are statutory maximums, not a prediction of any sentence. Michigan's sentencing guidelines chapter lists the larceny felonies in MCL 777.16r: larceny "involving $1,000 to $20,000 or with prior convictions" is a Class E property offense with a 5-year statutory maximum, and larceny "involving $20,000 or more or with prior convictions" is a Class D property offense with a 10-year maximum.

How prior convictions and aggregation raise the grade

Michigan's larceny statute moves a theft up one tier when the person has qualifying prior convictions for committing or attempting larceny under the same section:

• Under $200 with a prior: a misdemeanor punishable by up to 1 year, when the person "has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section" (MCL 750.356(4)(b)).
• $200 to under $1,000 with a prior: a felony punishable by up to 5 years, when the person has 1 or more prior convictions under the section (MCL 750.356(3)(b)).
• $1,000 to under $20,000 with two priors: a felony punishable by up to 10 years, when the person has 2 or more prior convictions under the section (MCL 750.356(2)(b)).

The two felony steps carry a limiting clause: "For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5)." In other words, a prior conviction for a theft under $200, or for the under-$200-with-a-prior tier, does not count toward either felony upgrade. It counts only toward moving a later under-$200 theft into the 1-year tier.

Prior convictions are not decided by a jury. Under MCL 750.356(8), a prosecutor who intends to seek an enhanced sentence "shall include on the complaint and information a statement listing the prior conviction or convictions," and the court decides whether they exist "without a jury, at sentencing or at a separate hearing for that purpose before sentencing." Under MCL 750.356(9), priors used this way "shall not be used to further enhance the sentence" under Michigan's habitual-offender sections (MCL 769.10, 769.11 and 769.12).

Separate thefts can also be combined. MCL 750.356(7) provides: "The values of property stolen in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of property stolen."

Larceny that is a felony at any value

Some larceny offenses are felonies regardless of the dollar amount:

• Larceny from the person. MCL 750.357: "Any person who shall commit the offense of larceny by stealing from the person of another shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years." The guidelines list it as a Class D person offense (MCL 777.16r).
• Larceny of a firearm. MCL 750.357b: "A person who commits larceny by stealing the firearm of another person is guilty of a felony, punishable by imprisonment for not more than 5 years or by a fine of not more than $2,500.00, or both."
• Larceny in a building. MCL 750.360 makes larceny "in any dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill, factory, hotel, school, barn, granary, ship, boat, vessel, church, house of worship, locker room or any building used by the public" a felony. The section names no penalty, so MCL 750.503 applies: a felony "for which no punishment is specially prescribed" is punishable by up to 4 years or a fine of up to $5,000, or both. The guidelines list larceny in a building as a Class G property offense with a 4-year statutory maximum (MCL 777.16r). A person who commits second- or third-degree retail fraud "shall not be prosecuted under section 360" (MCL 750.356d(3), (5)).
• Parts and electronics from a vehicle. MCL 750.356a(1) makes stealing or unlawfully removing "any wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer, or other electronic device in or on any motor vehicle, house trailer, trailer, or semitrailer" a felony punishable by up to 5 years or a fine of up to $10,000, or both.

Breaking into a vehicle to steal

Entering or breaking into a motor vehicle, house trailer, trailer or semitrailer to steal other property is graded by value under MCL 750.356a(2) on the same lines as general larceny: under $200 is a 93-day misdemeanor, $200 to under $1,000 a 1-year misdemeanor, $1,000 to under $20,000 a 5-year felony and $20,000 or more a 10-year felony, with similar prior-conviction steps and fines of a dollar cap or 3 times the value, whichever is greater. Under MCL 750.356a(3), a person who commits the under-$1,000 version and "breaks, tears, cuts, or otherwise damages any part of the motor vehicle, house trailer, trailer, or semitrailer is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both, regardless of the value of the property." Separate incidents within 12 months may be aggregated (MCL 750.356a(4)).

Other theft offenses with their own grades

Chapter LII of the Penal Code (MCL 750.356 to 750.367c) and the receiving-stolen-property section contain other offenses that set their own grade:

Shoplifting in Michigan: retail fraud

Michigan charges shoplifting as retail fraud, in three degrees that track the larceny value lines. Each degree covers conduct "in a store or in its immediate vicinity," and each reaches three kinds of conduct:

• changing, switching, concealing or misrepresenting a price while the store is open, "with the intent not to pay for the property or to pay less than the price at which the property is offered for sale," graded by the resulting difference in price;
• stealing property of the store offered for sale while the store is open, graded by its price; and
• obtaining or attempting to obtain money or property "as a refund or exchange for property that was not paid for and belongs to the store," with intent to defraud, graded by the amount.

The guidelines list first-degree retail fraud as a Class E property offense with a 5-year statutory maximum (MCL 777.16r).

Prior convictions raise retail fraud by one degree:

• Third-degree conduct by a person with 1 or more prior convictions under the retail fraud sections, the larceny section, sections 218 or 360 of the Penal Code, or a substantially corresponding local ordinance is retail fraud in the second degree (MCL 750.356d(2)).
• Second-degree conduct by a person with 1 or more prior convictions under the retail fraud sections or sections 218, 356 or 360 is retail fraud in the first degree, a felony (MCL 750.356c(2)). For this step, a prior conviction "does not include a conviction for a violation or attempted violation of section 218(2) or (3)(b) or section 356(4)(b) or (5)," so earlier under-$200 larceny convictions do not count toward it.

As with general larceny, values from "separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated" (MCL 750.356c(3), 750.356d(6)), the court decides prior convictions without a jury, and priors used to enhance first-degree retail fraud cannot be used again under the habitual-offender sections (MCL 750.356c(4), (6)). A person who commits first-degree retail fraud "shall not be prosecuted under section 218(5) or 356(2)" (MCL 750.356c(5)).

The burglary chapter also names stores. MCL 750.111 provides that a person who, "without breaking, enters any dwelling, house, tent, hotel, office, store, shop ... with intent to commit a felony or any larceny therein, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00." Its words set no minimum value and contain no exception for a store that is open to the public. Breaking and entering a store with intent to commit a felony or a larceny is a felony punishable by up to 10 years (MCL 750.110(1)).

Shielding bags and security-tag tools

MCL 750.360a(1) separately prohibits possessing "a laminated or coated bag or device that is intended to shield merchandise from detection by an electronic or magnetic theft detection device with the intent to commit or attempt to commit larceny." It also prohibits making, selling or distributing such bags knowing they will be used for larceny, possessing or selling tools designed to deactivate or remove theft detection devices with the intent to commit larceny, and deactivating or removing a theft detection device in a retail establishment before purchase "with the intent to commit or attempt to commit a larceny."

Under MCL 750.360a(2), a violation is "a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both," and, for a person with a prior conviction under subsection (1), "a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both."

Organized retail crime

The Organized Retail Crime Act defines "organized retail crime" as "the theft of retail merchandise from a retail merchant with the intent or purpose of reselling, distributing, or otherwise reentering the retail merchandise in commerce" (MCL 752.1083(c)). Under MCL 752.1084(1), a person is guilty of organized retail crime who, alone or with others, knowingly commits one, or "Organizes, supervises, finances, or otherwise manages or assists another person in committing" one, or among other listed acts:

• removes, destroys, deactivates or knowingly evades a component of an antishoplifting or inventory control device to prevent its activation or to help another person commit an organized retail crime;
• conspires with another person to commit one;
• receives, purchases or possesses retail merchandise "for sale or resale knowing or believing the retail merchandise to be stolen from a retail merchant";
• knowingly sets off, deactivates or prevents a fire exit alarm in committing or facilitating one; or
• commits listed frauds involving wireless devices and service agreements.

From January 3, 2027, 2026 Public Act 109 adds gift card fraud committed knowingly and with intent to defraud to this list.

"Organized retail crime is a felony punishable by imprisonment for not more than 5 years or a fine of $5,000.00, or both" (MCL 752.1084(2)). The act sets no value tiers. The court "shall order" a person found guilty to make restitution to any retail merchant victim (MCL 752.1084(4)), and it is not a defense that the property was not actually stolen if it was "explicitly represented to the accused person as being stolen, embezzled, or converted property" (MCL 752.1084(5)).

Merchant detention and lawsuits by people stopped

Michigan's statute on this point limits damages. Under MCL 600.2917(1), when a person suspected of shoplifting or retail fraud sues a merchant, its agent or a security contractor for false imprisonment, unlawful arrest, assault, battery, libel or slander, and the merchant "had probable cause for believing and did believe" the person had committed the theft or retail fraud, damages for mental anguish and punitive, exemplary or aggravated damages "shall not be allowed a plaintiff, unless it is proved that the merchant, library, agent, or independent contractor used unreasonable force, detained the plaintiff an unreasonable length of time, acted with unreasonable disregard of the plaintiff's rights or sensibilities, or acted with intent to injure the plaintiff."

Civil demand letters after shoplifting in Michigan

Michigan sets out the civil claim and the demand letter in one statute, MCL 600.2953. Under subsection (1), a person who commits an act for which he or she "could be charged with retail fraud in the first, second, or third degree" is liable to the merchant for "the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00."

The key conditions in the statute:

• Police report required. The merchant may recover "only if a formal police report is filed with a local law enforcement agency that has jurisdiction over the location where the violation took place," setting out facts alleging retail fraud or a violation of a substantially corresponding local ordinance, "regardless of the outcome of any criminal action" (MCL 600.2953(8)).
• Management approval and a set text. Except for a sole proprietorship, a member of management other than the person who made the detention must evaluate the accusation and approve it in writing before a demand is issued, and the demand must use the wording printed in the statute (MCL 600.2953(2)). That text tells the recipient, among other things, "You are not required to respond to this demand if you believe that you or your minor child are not guilty of committing retail fraud or if you choose not to respond," and that "These civil proceedings do not prevent criminal prosecution for the alleged act of retail fraud."
• Thirty days. A person who complies "within 30 days after the date the written demand is mailed" incurs "no further civil liability to the merchant from the act of retail fraud" (MCL 600.2953(3)).
• If the demand is not met. The merchant may sue for the full retail price, unless the property was recovered in salable condition, plus the same 10-times damages within the $50 to $200 range, "and costs of the action, including reasonable attorney fees" (MCL 600.2953(4)). Paying the demanded amount in cash before trial begins takes the case out of subsection (4) (MCL 600.2953(5)).
• Court. The merchant may sue in the small claims division of the district court or any other court of competent jurisdiction (MCL 600.2953(6)).
• Parents. A merchant may recover the same amounts from the parent or parents of an unemancipated minor who lives with them (MCL 600.2953(7)).
• Pricing violations by the store. A merchant may not recover civil damages for an item if the merchant violated MCL 445.353 for that item and the violation was not caused by the person accused (MCL 600.2953(9)).

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

When Michigan theft statutes last changed

The value tiers in MCL 750.356 were last amended by 2013 Public Act 217, effective April 10, 2014. The retail fraud sections (MCL 750.356c and 750.356d) were last amended by 1998 Public Act 311, effective January 1, 1999, and the civil demand statute (MCL 600.2953) by 1998 Public Act 313, also effective January 1, 1999. The Organized Retail Crime Act is 2012 Public Act 455, effective March 31, 2013.

Coming January 3, 2027: 2026 Public Acts 109 and 110 add gift card fraud to the Organized Retail Crime Act. Knowingly and with intent to defraud acquiring a gift card or its redemption information, altering or tampering with one, or using one acquired that way to obtain money, goods or services becomes organized retail crime (MCL 752.1084(1)(i)), with definitions in a new MCL 752.1083a.

Related legal issues

Theft cases often overlap with other areas of law. Schemes that obtain money or property by deception are covered in Michigan scam and fraud laws, and misuse of someone's personal identifying information in Michigan identity theft laws. Whether a larceny or retail fraud conviction can be set aside is covered in Michigan expungement laws, and filing deadlines in the Michigan statute of limitations guide.

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

Related

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

This page provides general legal information about Michigan larceny and retail fraud statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Michigan.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Michigan?

Larceny is a felony when the property is worth $1,000 or more (MCL 750.356(3)(a)). From $1,000 to under $20,000 it is punishable by up to 5 years, and at $20,000 or more by up to 10 years (MCL 750.356(2)).

Is stealing $1,000 a felony in Michigan?

Yes. MCL 750.356(3)(a) covers property with a value of $1,000.00 or more but less than $20,000.00, so property worth exactly $1,000 is a felony punishable by up to 5 years or a fine of up to $10,000 or 3 times the value, whichever is greater.

What is petty theft in Michigan?

Michigan's larceny statute does not use the term petty theft. Larceny of property worth less than $200 is a misdemeanor punishable by up to 93 days or a fine of up to $500 or 3 times the value, whichever is greater (MCL 750.356(5)); in a store the same tier is retail fraud in the third degree (MCL 750.356d(4)).

Is shoplifting a felony in Michigan?

Shoplifting is charged as retail fraud. It is a felony, retail fraud in the first degree, when the property is offered for sale at $1,000 or more, or when a second-degree retail fraud is committed by someone with a qualifying prior conviction (MCL 750.356c(1)(b), (2)); below that it is a misdemeanor in the second or third degree. Separately, MCL 750.111 makes entering a store, even without breaking, with intent to commit a felony or any larceny therein a felony punishable by up to 5 years or a fine of up to $2,500, and that section sets no minimum value.

What is the penalty for first-time shoplifting in Michigan?

The statutes grade retail fraud by value, not by whether it is a first offense. Under $200 it is third-degree retail fraud, up to 93 days or a fine of up to $500 or 3 times the value, and $200 to under $1,000 is second-degree retail fraud, up to 1 year or a fine of up to $2,000 or 3 times the value (MCL 750.356d).

Can a store charge me a civil fine for shoplifting in Michigan?

MCL 600.2953 makes a person who commits an act chargeable as retail fraud liable to the merchant for the full retail price of unrecovered or unsalable goods plus civil damages of 10 times the retail price, at least $50 and at most $200. The merchant can recover only if a formal police report is filed, regardless of the outcome of any criminal action.

What happens if I pay a Michigan retail fraud civil demand?

Under MCL 600.2953(3), a person who complies with the written demand within 30 days after it is mailed incurs no further civil liability to the merchant from that act. The statutory demand text also states that the civil proceedings do not prevent criminal prosecution.

Is stealing a gun a felony in Michigan?

Yes. Under MCL 750.357b, a person who commits larceny by stealing another person's firearm is guilty of a felony punishable by up to 5 years or a fine of up to $2,500, or both, regardless of the gun's value.

Is larceny from a car a felony in Michigan?

Stealing a wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer or other electronic device in or on a motor vehicle is a felony punishable by up to 5 years or a fine of up to $10,000 at any value (MCL 750.356a(1)). Entering a vehicle to steal other property is graded by value, and damaging the vehicle while doing so is a 5-year felony (MCL 750.356a(2), (3)).

What is organized retail crime in Michigan?

Under MCL 752.1083(c) and 752.1084, it is the theft of retail merchandise with the intent to resell, distribute or otherwise reenter it in commerce, along with organizing, financing, conspiring in or receiving such merchandise for resale. It is a felony punishable by up to 5 years or a fine of $5,000, or both, with mandatory restitution.