Virginia Larceny Laws: Felony Threshold, Penalties and Shoplifting

In Virginia, stealing goods worth $1,000 or more is grand larceny, a felony punishable by 1 to 20 years in prison (Va. Code 18.2-95). Below $1,000, the same taking is petit larceny, a Class 1 misdemeanor (Va. Code 18.2-96). Two rules move the felony line regardless of that figure: taking money or anything of value worth $5 or more from another person's body is grand larceny, and so is taking any firearm, whatever it is worth. Shoplifting is charged under its own section, Va. Code 18.2-103, which uses the same $1,000 line. For the rules in 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 Virginia's state larceny and shoplifting statutes in Title 18.2, Chapter 5 of the Code of Virginia (Article 3, Larceny and Receiving Stolen Goods, plus Sections 18.2-111, 18.2-152 and 18.2-152.6), the larceny conspiracy and aiding provision in Section 18.2-23(B), the felony and misdemeanor class ranges in Sections 18.2-10 and 18.2-11, Section 19.2-289, and the civil shoplifting remedy in Section 8.01-44.4. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below.

Grand larceny vs petit larceny in Virginia

Virginia does not use the terms "grand theft" and "petty theft." Its statutes use the older names, grand larceny and petit larceny, and the line between them depends on the value of what was taken and whether it was taken from a person.

Section 18.2-95(A) defines grand larceny in three clauses:

"A. Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $1,000 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding 12 months or fined not more than $2,500, either or both."

Section 18.2-96 then makes everything below those lines petit larceny. A person who commits larceny from the person "of money or other thing of value of less than $5," or simple larceny not from the person "of goods and chattels of the value of less than $1,000, except as provided in clause (iii) of 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor."

Read together, the two sections draw the lines this way:

• Exactly $1,000 is a felony. The grand larceny clause says "$1,000 or more" and the petit larceny clause says "less than $1,000."
• From the person, the line is $5. Taking money or something of value worth $5 or more from another person is grand larceny, even though the same item taken from a shelf would be petit larceny.
• A firearm is grand larceny at any value when it is simple larceny not from the person, under clause (iii).

Virginia's Code does not define how "value" is measured for these sections. Section 18.2-98 sets a rule only for stolen papers such as bank notes, checks and books of accounts: there, "the money due on or secured by the writing, paper or book, and remaining unsatisfied, or which in any event might be collected thereon, or the value of the property or money affected thereby, shall be deemed to be the value of the article stolen."

When value is disputed at trial, Section 19.2-289 allows a lesser verdict: "In a prosecution for grand larceny, if it be found that the thing stolen is of less value than $1,000, the jury may find the accused guilty of petit larceny."

The $1,000 line dates from 2020. Acts 2020, chapter 89 (House Bill 995) replaced $500 with $1,000 in Sections 18.2-95, 18.2-96, 18.2-103 and 18.2-23, among others, effective July 1, 2020. Older sources that give a $500 line describe the law before that date.

Virginia theft grading table: felony threshold and penalties

The felony class ranges come from Va. Code 18.2-10, and the Class 1 misdemeanor range from 18.2-11(a). Grand larceny carries its own range in Section 18.2-95 rather than a numbered class. These are the limits the General Assembly set for each offense, not a prediction of the sentence in any case.

Thefts that are felonies because of what was taken

Several Virginia larceny rules turn on the kind of property or the way it was taken rather than the dollar amount:

• Firearms. Simple larceny of "any firearm, regardless of the firearm's value," is grand larceny (18.2-95(A)(iii)).
• Larceny from the person. Taking money or another thing of value worth $5 or more from another person is grand larceny (18.2-95(A)(i)).
• Certain animals. Under Section 18.2-97, "Any person who shall be guilty of the larceny of a dog, horse, pony, mule, cow, steer, bull, or calf shall be guilty of a Class 5 felony, and any person who shall be guilty of the larceny of any poultry of the value of $5 or more, but of the value of less than $1,000, or of a sheep, lamb, swine, or goat, of the value of less than $1,000, shall be guilty of a Class 6 felony." A Class 6 felony carries 1 to 5 years, or in the discretion of the jury or court up to 12 months in jail and/or a fine of up to $2,500 (18.2-10(f)).
• Unauthorized use of a vehicle, boat, aircraft or animal. Section 18.2-102 makes unauthorized use a Class 6 felony, "provided, however, that if the value of such animal, aircraft, vehicle, boat or vessel shall be less than $1,000, such person shall be guilty of a Class 1 misdemeanor."

No repeat-offender felony after July 1, 2021

Virginia once made a third petit larceny a felony under Section 18.2-104. That section now reads: "Repealed. Repealed by Acts 2021, Sp. Sess. I, c. 192, cl. 1, effective July 1, 2021." The Code no longer contains a general rule that turns repeated petit larcenies into a felony.

The repeal does not reach offenses committed before it took effect. In Gionis v. Commonwealth, Record No. 1197-21-3 (Va. Ct. App. Nov. 22, 2022), the defendant had been charged with a Class 6 felony under Section 18.2-104 for an earlier offense, and the Court of Appeals held that, under Code 1-239, the repeal of Section 18.2-104 is a new act that, absent explicit language in the act stating otherwise, "must be applied prospectively, not retroactively."

Adding thefts together

Virginia's general larceny sections contain no clause that adds separate thefts together to reach the $1,000 line. The aggregation language in Chapter 5 appears in two places: Section 18.2-108.01(B), which uses the "aggregate value" of stolen property someone sells or holds for sale, and the organized retail theft statute, which aggregates over a 90-day period and lets larcenies in more than one county or city be combined (18.2-103.1(B), (D)).

Outside Chapter 5, Section 18.2-23(B) makes it a felony punishable by 1 to 20 years to conspire with others to commit larceny, or to counsel, assist, aid or abet a larceny, "where the aggregate value of the goods or merchandise involved is $1,000 or more." A violation "constitutes a separate and distinct felony."

Shoplifting in Virginia (Va. Code 18.2-103)

Shoplifting is charged under Section 18.2-103, which covers more than carrying goods out of a store. It reads:

"Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $1,000, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $1,000 or more, shall be guilty of grand larceny."

So shoplifting follows the same line as ordinary larceny: under $1,000 is petit larceny, a Class 1 misdemeanor, and $1,000 or more is grand larceny, a felony with a range of 1 to 20 years. The section does not set a separate grade for a first offense. With Section 18.2-104 repealed, it also sets no higher grade for a repeat offense.

The same section adds a rule of evidence: "The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise." A person does not have to leave the store for concealment to count as evidence of intent.

The burglary statutes can also reach theft from a store. Under Va. Code 18.2-90 and 18.2-91, a person who "in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty" with intent to commit larceny is guilty of statutory burglary, punishable by 1 to 20 years in a state correctional facility or, in the discretion of the jury or court, up to 12 months in jail or a fine of up to $2,500, either or both. If the person was armed with a deadly weapon at the time of entry, it is a Class 2 felony (18.2-91). These sections set no minimum value. In Clark v. Commonwealth, 22 Va. App. 673 (1996), aff'd en banc, 24 Va. App. 253 (1997), the Court of Appeals held that "under Code § 18.2-90, a person who enters a store intending to commit robbery therein, enters the store unlawfully," and it relied on an earlier decision upholding a burglary conviction under 18.2-91 where the defendant "entered the store during normal business hours, concealed himself within the store and committed larceny once the store closed."

Anti-theft shielding devices

Section 18.2-105.2 makes it unlawful "to manufacture, sell, offer for sale, distribute or possess any specially coated or laminated bag or other device primarily designed and intended to shield shoplifted merchandise from detection by an anti-theft electronic alarm sensor, with the intention that the same be used to aid in the shoplifting of merchandise." A violation is a Class 1 misdemeanor.

Store detention

Section 18.2-105.1 lets a store hold a suspect for a limited time: "A merchant, agent or employee of the merchant, who has probable cause to believe that a person has shoplifted in violation of 18.2-95 or 18.2-96 or 18.2-103, on the premises of the merchant, may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer."

Organized retail theft

Section 18.2-103.1, added by Acts 2023, chapters 357 and 358, targets coordinated theft for resale. It applies to a person who "conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain," and who places the property in the control of a "retail property fence or other person" and either receives or possesses the stolen retail property knowing or having reasonable grounds to believe it was unlawfully obtained, or acts "as an organizer, supervisor, financier, leader, or manager" with two or more others in a scheme to transfer or sell it.

All of those elements are required. A violation is a Class 3 felony (18.2-103.1(C)), which carries 5 to 20 years and a fine of up to $100,000 (18.2-10(c)). Larcenies of retail property in more than one county or city may be aggregated into one charge (18.2-103.1(D)).

Larceny with intent to sell

Section 18.2-108.01(A) sets a higher minimum for larceny aimed at resale: "Any person who commits larceny of property with a value of $1,000 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale." Under subsection (B), selling, attempting to sell or possessing with intent to sell stolen property "with an aggregate value of $1,000 or more where he knew or should have known that the property was stolen" is a Class 5 felony.

Other theft offenses with their own grades

Chapter 5 of Title 18.2 contains several theft-related sections that set their own grades instead of following the $1,000 line:

• Mail theft (18.2-110.1). Taking, destroying, hiding or embezzling mail with intent to deprive, injure, damage or defraud another, possessing mail known to be unlawfully taken, possessing a key suited to a cluster mailbox lock or a counterfeit of one, or damaging a mail receptacle with intent to steal mail inside "is guilty of a Class 6 felony." The section covers packages left by private delivery services as well as the U.S. Postal Service, and its history note cites Acts 2025, chapters 128 and 132.
• Receiving a stolen firearm (18.2-108.1). "Notwithstanding the provisions of 18.2-108, any person who buys or receives a firearm from another person or aids in concealing a firearm, knowing that the firearm was stolen, shall be guilty of a Class 6 felony."
• Receiving or transferring a stolen vehicle, aircraft or boat (18.2-109). Receiving, transferring or possessing one, with intent to procure or pass title and knowing or having reason to believe it was stolen, is a Class 6 felony.
• Parking meters, vending machines and other coin devices (18.2-152). Forcing or tampering with a device designed to receive money, with intent to steal from it, is a Class 1 misdemeanor "for the first conviction thereof" and a Class 6 felony "for any subsequent conviction."
• Theft of computer services (18.2-152.6). Willfully obtaining computer services without authority is a Class 1 misdemeanor; "If the theft of computer services is valued at $2,500 or more, he is guilty of a Class 6 felony."
• Public records (18.2-107). A person who will "steal or fraudulently secrete or destroy a public record or part thereof" is guilty of a Class 6 felony when the offense is not covered by Section 18.2-472.
• Shopping carts (18.2-102.1). Removing a store's shopping cart from its premises, including its parking area, without consent is a Class 3 misdemeanor.
• Receiving stolen goods and embezzlement. Receiving stolen goods and general embezzlement are not separate grading schemes. A person who knowingly buys, receives or helps conceal stolen goods "shall be deemed guilty of larceny thereof" (18.2-108(A)), and a person convicted of embezzlement "shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in 18.2-95 or 18.2-96" (18.2-111(A)). Separately, an officer, agent or employee of the Commonwealth or a local government who knowingly misuses or misappropriates public funds in that official custody is guilty of a Class 4 felony regardless of amount (18.2-112), which carries 2 to 10 years and a fine of up to $100,000 (18.2-10(d)).

Can a store demand money after shoplifting in Virginia?

Virginia has two civil routes for a merchant, separate from the criminal case.

The civil action under Va. Code 8.01-44.4. Subsection A provides: "A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350." The statute also provides that "The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150" (8.01-44.4(C)).

The other conditions in the section:

• No conviction is required. "A conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment" (8.01-44.4(D)).
• Not while a prosecution is pending. "No action may be initiated under this section during the pendency of a criminal prosecution based on the same allegations of fact," although the merchant may sue once the prosecution has concluded (8.01-44.4(D)).
• A limit on double recovery. When both criminal and civil actions are brought, the merchant "may not recover more than the retail value of the merchandise, or more than the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, for the same loss," subject to the further provisions of subsection D.
• Written demands. "Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant's agreement not to commence any legal action under this section" (8.01-44.4(E)).

The section reaches adults and emancipated minors. Virginia's separate parental-liability statute, Section 8.01-44, covers "the willful or malicious destruction of, or damage to" property by a minor, with no more than $2,500 recoverable per incident; its text addresses destruction and damage, not theft.

Liability after a conviction under 18.2-104.1. "Any person who has been convicted of violating the provisions of 18.2-103 shall be civilly liable to the owner for the retail value of any goods and merchandise illegally converted and not recovered by the owner, and for all costs incurred in prosecuting such person under the provisions of 18.2-103." The allowable costs "shall not exceed $250, excluding the retail value of the goods and merchandise."

These sections set what a merchant can recover. Whether a particular demand letter matches them is a question for a lawyer licensed in Virginia.

Related legal issues

Fraud schemes and theft by false pretenses, and how to report them, are covered in our guide to Virginia scam and fraud laws. Misusing someone's personal information is a separate set of offenses covered in Virginia identity theft laws. For clearing a larceny charge or conviction from a record, see Virginia expungement laws, and for filing deadlines see the Virginia statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

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

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

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Virginia?

Simple larceny of goods worth $1,000 or more, not taken from a person, is grand larceny, a felony (Va. Code 18.2-95(A)). Taking $5 or more from another person, or taking any firearm regardless of value, is also grand larceny.

Is stealing $1,000 a felony in Virginia?

Yes. Grand larceny covers goods 'of the value of $1,000 or more,' so exactly $1,000 qualifies, and it carries 1 to 20 years or, in the discretion of the jury or court, up to 12 months in jail and/or a $2,500 fine (18.2-95(A)). Under $1,000 is petit larceny (18.2-96).

What is the penalty for petit larceny in Virginia?

Petit larceny is a Class 1 misdemeanor (Va. Code 18.2-96), punishable by up to 12 months in jail and a fine of up to $2,500, either or both (18.2-11(a)).

Is shoplifting a felony in Virginia?

Shoplifting under Va. Code 18.2-103 is grand larceny, a felony, when the merchandise is worth $1,000 or more, and petit larceny, a Class 1 misdemeanor, when it is worth less than $1,000. The section sets no separate grade for a first offense. Separately, entering a store at night, breaking and entering one, or entering and concealing oneself in one at any time, with intent to commit larceny, is statutory burglary under Va. Code 18.2-90 and 18.2-91, punishable by up to 20 years regardless of value, or as a Class 2 felony if the person was armed with a deadly weapon at the time of entry.

Is a third shoplifting offense a felony in Virginia?

Not under current law. Va. Code 18.2-104, which made a third petit larceny a felony, was repealed effective July 1, 2021. In Gionis v. Commonwealth (2022), the Court of Appeals held the repeal applies prospectively, so it does not reach offenses committed before that date.

Is stealing a gun a felony in Virginia?

Yes. Simple larceny of any firearm, regardless of its value, is grand larceny under Va. Code 18.2-95(A)(iii). Knowingly buying, receiving or helping conceal a stolen firearm is a Class 6 felony under 18.2-108.1.

Can a store demand money from me after shoplifting in Virginia?

Va. Code 8.01-44.4 lets a merchant sue an adult or emancipated minor who shoplifts for twice the unpaid retail value of the merchandise (at least $50), or liquidated damages of no more than $350 if the goods are recovered in merchantable condition, and lets the merchant send a written demand before suing. No conviction is required.

How long can a Virginia store hold a suspected shoplifter?

A merchant or its agent or employee with probable cause may detain a person on the premises for no more than one hour pending arrival of a law-enforcement officer (Va. Code 18.2-105.1).