North Dakota Theft Laws: Felony Threshold, Shoplifting, Penalties

In North Dakota, theft becomes a felony when the property or services stolen "exceed one thousand dollars in value": at that point it is a class C felony under NDCC 12.1-23-05(3)(a). A first shoplifting offense of $500 or less is a class B misdemeanor, but repeat shoplifting climbs a ladder: a fourth shoplifting violation of that kind within four years is a class C felony even though the value is $500 or less. 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 North Dakota state theft law in NDCC chapter 12.1-23, the Retail Theft Act in chapter 51-21, the penalty classes in NDCC 12.1-32-01, the extended-sentence section 12.1-32-09, and burglary under 12.1-22-02 only where it reaches store theft. 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 North Dakota

Under NDCC 12.1-23-01(1), "Conduct denominated theft in sections 12.1-23-02 to 12.1-23-04 constitutes a single offense designed to include the separate offenses heretofore known as larceny, stealing, purloining, embezzlement, obtaining money or property by false pretenses, extortion, blackmail, fraudulent conversion, receiving stolen property, misappropriation of public funds, swindling, and the like."

The main section, NDCC 12.1-23-02, makes a person guilty of theft if the person:

1. "Knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof";
2. "Knowingly obtains the property of another by deception or by threat with intent to deprive the owner thereof, or intentionally deprives another of his property by deception or by threat"; or
3. "Knowingly receives, retains, or disposes of property of another which has been stolen, with intent to deprive the owner thereof."

Theft of services (12.1-23-03) and keeping property known to be lost, mislaid or delivered by mistake without taking reasonable steps to return it (12.1-23-04) are also theft, graded the same way.

North Dakota theft penalties by value

Every theft under chapter 12.1-23 is graded by NDCC 12.1-23-05.

The felony line uses the word "exceed," so theft of exactly $1,000 is a misdemeanor unless another rule applies. The class B misdemeanor tier applies only to "a first offense." For a theft that is not shoplifting, it applies when "The theft was not committed by threat," "The theft was not committed by deception by one who stood in a confidential or fiduciary relationship to the victim of the theft," and "The defendant was not a public servant or an officer or employee of a financial institution who committed the theft in the course of official duties" (12.1-23-05(5)(a)(2)). That non-shoplifting tier applies "if the offense is classified under this subsection in the charge or if, at sentencing, the required factors are established by a preponderance of the evidence" (12.1-23-05(5)(b)). Any other theft that no higher rule reaches is a class A misdemeanor under subsection 4.

Under subsection 6, an attempted theft "is punishable equally with the completed offense when the actor has completed all of the conduct which the actor believes necessary on the actor's part to complete the theft except receipt of the property."

These are the ordinary maximums, not a prediction of any sentence. Section 12.1-32-01 "shall not be construed to forbid sentencing under section 12.1-32-09, relating to extended sentences." Under 12.1-32-09, a court may impose an extended sentence on a habitual offender, an adult who "has previously been convicted in any state or states or by the United States of two felonies committed at different times when the offender was an adult," among other grounds. The extended maximum is 10 years for a class C felony, 20 years for a class B felony and life for a class A felony, and it requires a notice filed by the prosecutor and a hearing (12.1-32-09(2)-(4)).

Thefts that are felonies regardless of value

Under NDCC 12.1-23-05(3), theft is a class C felony if, among other things:

• "The property stolen is a firearm, ammunition, or an explosive or destructive device";
• "The property stolen consists of livestock taken from the premises of the owner";
• The property is a credit card, plate or other credit device, or "a debit card, electronic fund transfer card, code, or other means of access to an account";
• "The property stolen is a prescription drug as defined in section 43-15.3-01, except when the quantity stolen is five or fewer capsules, pills, or tablets";
• "The property is stolen while engaging in a riot as defined in section 12.1-25-01 or while with an organized group of five or more individuals";
• The property is acquired or retained by threat and either exceeds $100 or is acquired by a public servant threatening official action, or it exceeds $100 and is acquired by a public servant in the course of official duties;
• The property is a government file, record or document stolen from a government office or public servant;
• "The defendant is in the business of buying or selling stolen property and the defendant receives, retains, or disposes of the property in the course of that business"; or
• The property is a key or similar implement stolen to gain access to property whose theft would be a felony, or an implement uniquely associated with preparing state money, stamps, bonds or obligations.

Separately, taking or trying to take a firearm from a law enforcement officer performing official duties, without the officer's consent, is a class C felony under NDCC 12.1-23-02.1.

How value is measured and added together

"For purposes of grading, the amount involved in a theft under this chapter is the highest value by any reasonable standard, regardless of the actor's knowledge of such value" (12.1-23-05(7)). The same subsection provides that "Thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be charged as one offense and the amounts proved to have been stolen may be aggregated in determining the grade of the offense."

Shoplifting in North Dakota

Shoplifting is a form of theft, not a separate crime, but it has its own definition and its own repeat-offense ladder. Under NDCC 12.1-23-10(11), "Shoplifting" means "to willfully take possession of any merchandise owned, held, offered, or displayed for sale, by a merchant, store, or other mercantile establishment, with the intent to deprive the owner of the merchandise." The term includes removing merchandise without paying, "Concealing a nonpurchased good or merchandise," altering or removing a price marking, "Transferring a good from one container to another," and "Causing the amount paid for a good or merchandise to be less than the stated retail price."

The shoplifting ladder. For shoplifting of $500 or less:

• First offense: class B misdemeanor (12.1-23-05(5)(a)(1)).
• Second or third: "A second or third offense under paragraph 1 of subdivision a, or an equivalent ordinance, occurring within three years is a class A misdemeanor."
• Fourth or later: "A fourth or subsequent violation under paragraph 1 of subdivision a, or an equivalent ordinance, occurring within four years is a class C felony" (12.1-23-05(5)(c)).

Prior violations of an equivalent city ordinance count toward the ladder. A sentence under subsection 5 "must be accompanied by a written statement by the court providing notice of any offense under this section which provides an enhanced penalty, including the penalty for a subsequent offense" (12.1-23-05(5)(d)). Shoplifting above $500 is graded by value like any other theft: a class A misdemeanor up to $1,000 and a class C felony above $1,000.

Organized theft. Chapter 12.1-23 has no offense limited to organized retail theft. Two provisions reach group or resale theft: stealing "while with an organized group of five or more individuals" is a class C felony (12.1-23-05(3)(l)), and dealing in stolen property is a class C felony for anyone who "Traffics in, or endeavors to traffic in" stolen property and a class B felony for anyone who "Initiates, organizes, plans, finances, directs, manages, or supervises the theft and trafficking" of it (12.1-23-08.3).

Burglary. Entering a store to steal is generally not burglary during business hours. Under NDCC 12.1-22-02(1), burglary requires entering or surreptitiously remaining in a building "when at the time the premises are not open to the public and the actor is not licensed, invited, or otherwise privileged to enter or remain," with intent to commit a crime. Burglary is a class C felony unless an aggravating factor in subsection 2 makes it a class B felony. Burglary is otherwise outside the scope of this page.

Store detention and the concealment presumption

North Dakota's Retail Theft Act, chapter 51-21, sets the rules for stores:

• Presumption. A person who conceals unpurchased merchandise on the person or among belongings and removes it "to a point beyond the last station for receiving payments" in the store "shall be prima facie presumed to have so concealed such merchandise with the intention of permanently depriving the merchant of possession or of the full retail value of such merchandise" (51-21-02).
• Detention. "Any peace officer or merchant who reasonably believes that a person has committed, or is in the process of committing, theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time" to require identification, verify it, determine whether the person has unpurchased merchandise and recover it, and surrender the person to a peace officer; for a minor, the store may also inform and surrender the minor to a parent or guardian (51-21-03). A detention under that section carries civil and criminal immunity (51-21-04).
• Alarm activation. When an antishoplifting or inventory control device activates as a person leaves, that "constitutes reasonable cause for the detention of the person exiting," provided "sufficient notice has been posted to advise the patrons that the device is being utilized." The detention must be reasonable in manner and limited to a period "sufficient for any inquiry into the circumstances surrounding the activation of the device or for the recovery of goods" (12.1-23-14).

Civil remedies: can a store demand money after shoplifting?

Under NDCC 51-21-05(1), "An adult who commits the offense of theft from a merchant is civilly liable to the merchant for the retail value of the merchandise, plus exemplary damages of not more than two hundred fifty dollars, costs of the civil action, and reasonable attorney's fees." The rest of the section adds four rules:

• Parents. The same liability applies to "The parent or legal guardian of an unemancipated minor who while living with the parent or legal guardian commits the offense of theft from a merchant" (51-21-05(2)).
• Minors' admissions. If the merchant knows or reasonably should know the person is a minor, the merchant "may not request that the individual sign an admission of theft or other similar declaration unless the minor's parent, guardian, or attorney is present," and an admission obtained in violation "is not valid and is inadmissible in a civil or criminal action" (51-21-05(2)).
• No conviction needed, but timing rules. "A conviction or plea of guilty for the theft is not a prerequisite to the bringing of a civil action under this section. However, if a criminal theft charge is filed against the individual, the merchant may not pursue civil damages until completion of the criminal action" (51-21-05(3)).
• Exception for parents. A parent or guardian is not liable "if it is determined by the court that one of the principal rationales for the shoplifting was a desire on the part of the minor to cause the minor's parent or legal guardian to be liable" (51-21-05(4)).

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

Other theft offenses with their own grades

These sections of chapter 12.1-23 set their own grades instead of using the value table:

Recent changes to North Dakota theft law

• 2025 shoplifting ladder change. Senate Bill 2257 of the 69th Legislative Assembly, effective August 1, 2025, reenacted subsection 5 of NDCC 12.1-23-05 so that prior violations of "an equivalent ordinance" (municipal shoplifting convictions) count toward the existing repeat shoplifting ladder. The ladder described above is the text now in force.

Related legal issues

Theft by deception overlaps with fraud and scams, covered in North Dakota scam and fraud laws. Unauthorized use of personal identifying information is a separate offense in the same chapter (NDCC 12.1-23-11), covered in North Dakota identity theft laws. Whether a theft record can be sealed is covered in North Dakota expungement laws, and time limits for bringing charges are in the North Dakota statute of limitations guide.

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

Related

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

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

Last updated: 2026-10-14.

Frequently Asked Questions

What is the felony theft amount in North Dakota?

Theft is a class C felony when the property or services stolen exceed $1,000 in value (NDCC 12.1-23-05(3)(a)). It is a class B felony above $10,000 and a class A felony above $50,000.

Is stealing $1,000 a felony in North Dakota?

Not on value alone. The felony line requires a value that exceeds $1,000, so theft of exactly $1,000 is a class A misdemeanor unless the property is on the list in 12.1-23-05(3), such as a firearm or a credit card, or another felony rule applies.

Is shoplifting a felony in North Dakota?

Shoplifting is a felony when the merchandise exceeds $1,000, or when a shoplifting of $500 or less is a fourth or later such violation within four years (NDCC 12.1-23-05(5)(c)). A first shoplifting offense of $500 or less is a class B misdemeanor. Burglary under 12.1-22-02 does not apply to premises that are open to the public at the time.

What is the penalty for a first shoplifting offense in North Dakota?

If the value is $500 or less, a first shoplifting offense is a class B misdemeanor (NDCC 12.1-23-05(5)(a)), which carries a maximum of 30 days, a $1,500 fine, or both (NDCC 12.1-32-01). Above $500, it is graded by value like other theft.

Can a store sue me for shoplifting in North Dakota?

Under NDCC 51-21-05, a merchant may recover the retail value plus exemplary damages of not more than $250, costs and reasonable attorney's fees from an adult, or from the parent of an unemancipated minor living at home. No conviction is required, but if a criminal theft charge is filed the merchant must wait until the criminal action is complete.

What is petty theft in North Dakota?

North Dakota law does not use the term petty theft. Theft of $1,000 or less is a class A misdemeanor, and a first offense of $500 or less committed by shoplifting or meeting three statutory factors is a class B misdemeanor (NDCC 12.1-23-05(4), (5)).