New York Larceny and Theft Laws: Felony Threshold, Penalties (2026)

In New York, stealing becomes a felony when the value of the property exceeds $1,000. Penal Law 155.30(1) makes it grand larceny in the fourth degree, a class E felony, when "The value of the property exceeds one thousand dollars," while stealing property worth $1,000 or less is petit larceny, a class A misdemeanor (Penal Law 155.25). Some larcenies are felonies at any value, including property taken from another person's body and the theft of a credit card, a debit card or a firearm. 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 New York State's larceny statutes in Penal Law article 155 (sections 155.00 through 155.45), the sentence and fine limits in Penal Law sections 70.00, 70.15, 80.00 and 80.05, the store detention defense in General Business Law 218, and merchant civil recovery under General Obligations Law 11-105. It does not cover federal theft offenses, local laws, robbery, or identity theft and fraud schemes, which have their own pages linked below.

What counts as larceny in New York

New York calls theft "larceny." Penal Law 155.05(1) defines it:

"A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof."

The single offense absorbs several older crimes. Under Penal Law 155.05(2)(a), larceny includes a wrongful taking, obtaining or withholding committed "By conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses."

"Property" is defined broadly for the whole larceny title. Penal Law 155.00(1) includes "any money, compensation for labor or services, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value, including any gas, steam, water or electricity, which is provided for a charge or compensation."

New York larceny grading table: petit larceny vs. grand larceny

New York grades larceny mainly by value. Petit larceny is the misdemeanor; grand larceny runs from the fourth degree (the lowest felony) up to the first degree.

Every felony tier is written as "exceeds," so the boundary amount itself falls in the lower tier. Property worth exactly $1,000 is petit larceny, and property worth exactly $3,000 is grand larceny in the fourth degree.

Petit larceny is the catch-all. Penal Law 155.25 reads in full: "A person is guilty of petit larceny when he steals property. Petit larceny is a class A misdemeanor." Any larceny that does not meet a grand larceny section is petit larceny, whatever the value.

How New York felony sentence limits work

For felonies, Penal Law 70.00(2) sets the longest "maximum term of an indeterminate sentence" a court can fix for each class: 25 years for a class B felony, 15 for class C, 7 for class D and 4 for class E. The same subsection says that maximum term "shall be at least three years." A class A misdemeanor carries a definite sentence that "shall not exceed three hundred sixty-four days" (70.15(1)).

Fines follow two rules. A class A misdemeanor fine cannot exceed $1,000 (80.05(1)), but when a person "has gained money or property through the commission of any misdemeanor," the court may instead impose an amount "not exceeding double the amount of the defendant's gain from the commission of the offense" (80.05(5)). A felony fine cannot exceed "the higher of a. five thousand dollars; or b. double the amount of the defendant's gain from the commission of the crime" (80.00(1)). These are statutory limits, not a prediction of the sentence in any case.

Larceny that is a felony regardless of value

Penal Law 155.30 makes a larceny grand larceny in the fourth degree, a class E felony, when the property is any of the following, whatever its value:

• "a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant" (155.30(2));
• "secret scientific material" (155.30(3));
• "a credit card or debit card" (155.30(4));
• property that, "regardless of its nature and value, is taken from the person of another" (155.30(5));
• property that, "regardless of its nature and value, is obtained by extortion" (155.30(6));
• "one or more firearms, rifles or shotguns, as such terms are defined in section 265.00" (155.30(7));
• "an access device which the person intends to use unlawfully to obtain telephone service" (155.30(10)); or
• "anhydrous ammonia or liquified ammonia gas" when "the actor intends to use, or knows another person intends to use" it "to manufacture methamphetamine" (155.30(11)).

Religious items have a low threshold too. Under 155.30(9), it is grand larceny in the fourth degree when property such as a scroll or religious vestment "(a) has a value of at least one hundred dollars; and (b) is kept for or used in connection with religious worship" at a place of religious worship of a religious corporation.

Motor vehicles have a low threshold of their own. Under 155.30(8), it is grand larceny in the fourth degree when "The value of the property exceeds one hundred dollars and the property consists of a motor vehicle," other than a motorcycle as the Vehicle and Traffic Law defines it.

At the next level, Penal Law 155.35(2) makes it grand larceny in the third degree, a class D felony, when "the property is an automated teller machine or the contents of an automated teller machine." Under Penal Law 155.43, a person who commits that ATM larceny and "has been previously convicted of grand larceny in the third degree within the previous five years" commits aggravated grand larceny of an automated teller machine, a class C felony.

Some extortion is graded higher than the class E level in 155.30(6). Penal Law 155.40(2) makes it grand larceny in the second degree, a class C felony, when property "regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse the actor's position as a public servant" in the ways that subdivision describes.

Deed theft is also graded regardless of value. Penal Law 155.05(2)(g) defines it to include falsifying or forging a deed or title and taking title to real property by fraud, among other conduct. Deed theft of one commercial real property is grand larceny in the third degree, a class D felony (155.35). Deed theft of "(a) one residential real property; or (b) one commercial mixed-use property with at least one residential unit; or (c) two or more commercial properties" is grand larceny in the second degree, a class C felony (155.40). It is grand larceny in the first degree, a class B felony, when the deed theft involves "(a) residential real property that is occupied as a home by at least one person; or (b) residential real property that involves a home that is owned by an elderly person, an incompetent, an incapacitated person, or physically disabled person; or (c) three or more residential real properties" (155.42). An "elderly person" is "a person sixty years of age or older" (155.00(16)).

How New York measures value

Because the grade turns on value, Penal Law 155.20(1) sets the measure for the larceny title: "value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime."

When value cannot be determined under those standards, section 155.20(4) provides that "its value shall be deemed to be an amount less than two hundred fifty dollars." That places the offense at the petit larceny level unless another factor, such as a taking from the person, applies.

Shoplifting and retail theft in New York

New York's larceny article has no separate shoplifting offense. A theft from a store is larceny under article 155, graded by value on the table above, so ordinary shoplifting of goods worth $1,000 or less is petit larceny and goods worth more than $1,000 make it grand larceny in the fourth degree.

The burglary article reaches a store theft only in narrower situations. Penal Law 140.20 makes it burglary in the third degree, a class D felony, when a person "knowingly enters or remains unlawfully in a building with intent to commit a crime therein," and it sets no minimum value. Under Penal Law 140.00(5), a person who, "regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person." The same subdivision provides that a license to enter a building only partly open to the public "is not a license or privilege to enter or remain in that part of the building which is not open to the public."

The retail-specific rules are aggregation clauses. Penal Law 155.30(12) makes it grand larceny in the fourth degree when:

"The property consists of retail goods or merchandise stolen pursuant to a common scheme or plan or a single, ongoing intent to deprive another or others of the property or to appropriate the property to the actor or another person and the value of the property exceeds one thousand dollars, which value may be determined by the aggregate value of all such property regardless of whether the goods or merchandise were stolen from the same owner."

The text of 2025 Senate bill S3227 states that this subdivision was added by part FF of chapter 55 of the Laws of 2024. It lets several retail thefts, including thefts from different stores, be added together to reach the felony line. The subdivision closes by saying it does not limit "the ability to aggregate the value of any property or the ability to charge the larceny of retail goods or merchandise under another applicable provision of law."

The higher grades have parallel clauses. Penal Law 155.35(3) makes it grand larceny in the third degree, a class D felony, when retail goods are stolen under a common scheme or plan "and the value of the property exceeds three thousand dollars," and sections 155.40 and 155.42 contain retail subdivisions of the same kind for the second and first degrees.

Reselling is a separate offense. Penal Law 165.66 makes it fostering the sale of stolen goods, a class A misdemeanor, when a person, for financial gain, uses any website, online marketplace or other platform or venue "to offer for sale retail goods or merchandise which are stolen or unlawfully obtained" and "Knew or should have known that such retail goods or merchandise were stolen or unlawfully obtained."

Repeat petit larceny

Penal Law sections 155.25 through 155.42 contain no subdivision that raises a petit larceny to a higher grade because of prior petit larceny convictions. The article's one repeat-offense rule, Penal Law 155.43, covers a third-degree ATM larceny by someone convicted of grand larceny in the third degree within the previous five years, which becomes a class C felony. A 2025 Senate bill, S3227, proposed adding a subdivision 13 to section 155.30 for repeat petit larceny; the bill page shows introduced text, an introduced bill is not law, and section 155.30 as published contains no subdivision 13.

Store detention in New York

General Business Law 218 gives a store a defense to a lawsuit over detaining someone suspected of shoplifting. The statute provides that "it shall be a defense to such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer acting pursuant to his special duties, police officer or by the owner of the retail mercantile establishment."

The defense depends on reasonable grounds, and section 218 says "reasonable grounds" "shall include, but not be limited to, knowledge that a person (i) has concealed possession of unpurchased merchandise of a retail mercantile establishment."

Civil demands from stores: General Obligations Law 11-105

Separately from any criminal case, a store can recover money from a person who commits larceny against it. General Obligations Law 11-105(5) makes an "adult or emancipated minor who commits larceny against the property of a mercantile establishment" civilly liable to the store for:

• "the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars"; plus
• "a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars."

So the penalty part is capped at $500, and the retail-price part applies only to merchandise not recovered in merchantable condition, up to $1,500.

For an unemancipated minor, 11-105(6) makes the "Parents or legal guardians" civilly liable for the same amounts. The civil statute reaches only "common law larceny by trespassory taking" against a mercantile establishment (11-105(2)).

Three other subdivisions shape how these claims work. Under 11-105(7), "A conviction or a plea of guilty for committing larceny is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this section." Under 11-105(8), the right to sue does not limit the store's right "to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages and penalties prior to the commencement of any legal action." Under 11-105(12), statements or evidence "derived from an attempt to reach a civil settlement or from a civil proceeding brought under this section shall be inadmissible in any other court proceeding relating to such larceny."

These provisions describe what the statute lets a store recover. Whether a specific demand matches them is a question for a lawyer licensed in New York.

Related legal issues

Fraud schemes, including larceny by false pretenses, are covered in our guide to New York scam and fraud laws, which also explains where to report them. Stealing someone's personal information is a separate set of offenses, covered in New York identity theft laws. For clearing or sealing a larceny record, see New York expungement laws, and for filing deadlines see the New York statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

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

This article provides general legal information about New York larceny statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New York.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in New York?

Larceny is grand larceny in the fourth degree, a class E felony, when the value of the property exceeds $1,000 (N.Y. Penal Law 155.30(1)). Some property, such as a credit card, a firearm or property taken from another person, makes it a class E felony at any value.

Is stealing $1,000 a felony in New York?

Not on value alone. The felony line is value that exceeds $1,000, so property worth exactly $1,000 is petit larceny, a class A misdemeanor (Penal Law 155.25, 155.30(1)), unless a value-independent factor in 155.30 applies.

What is the difference between petit larceny and grand larceny in New York?

Petit larceny is a class A misdemeanor covering any larceny that does not meet a grand larceny section (155.25). Grand larceny is a felony graded in four degrees, from the fourth degree for value exceeding $1,000 to the first degree for value exceeding $1,000,000 (155.30 to 155.42).

Is shoplifting a felony in New York?

Shoplifting is graded as larceny, so it is a felony when the goods are worth more than $1,000. Under Penal Law 155.30(12), retail goods stolen under a common scheme or plan can be aggregated to reach that line, even if they came from different stores. Separately, knowingly entering or remaining unlawfully in a building with intent to commit a crime there is burglary in the third degree, a class D felony, at any value (Penal Law 140.20). Under Penal Law 140.00(5), entering a store while it is open to the public is licensed regardless of intent, unless the person defies a lawful order not to enter or remain personally communicated by the owner or other authorized person, and that license does not cover parts of the building not open to the public.

What is the maximum sentence for petit larceny in New York?

Petit larceny is a class A misdemeanor, and Penal Law 70.15(1) caps the jail term at 364 days. The fine cannot exceed $1,000 (Penal Law 80.05(1)), although a court may instead impose up to double the defendant's gain from the offense (80.05(5)). These are statutory maximums, not a prediction of any sentence.

Can a store make me pay a civil penalty for shoplifting in New York?

General Obligations Law 11-105 lets a store recover the retail price of merchandise not recovered in merchantable condition, up to $1,500, plus a penalty of up to the greater of five times the retail price or $75, never more than $500. The statute does not require a conviction and lets the store demand payment orally or in writing before suing.

Can a New York store detain someone suspected of shoplifting?

General Business Law 218 gives a store a defense to a lawsuit if the person was detained in a reasonable manner and for not more than a reasonable time for investigation or questioning, on reasonable grounds. Reasonable grounds include knowledge that the person concealed unpurchased merchandise.

Does a prior petit larceny make the next one a felony in New York?

Penal Law sections 155.25 through 155.42 contain no subdivision that raises petit larceny based on prior petit larceny convictions. A 2025 Senate bill, S3227, proposed one, but an introduced bill is not law.