Question
My house burnt down. I left some items in my shed on that property for storage until I could move into my new house. During this time my next door neighbor and her boyfriend broke into my shed and stole over $1000 worth of items. Would this be considered under Class C or Class D felony based on the fact the home was unoccupied due to a fire disaster and dollar amount taken?
Answer
Here's the degrees of theft.
714.2 DEGREES OF THEFT.
1. The theft of property exceeding ten thousand dollars in value,
or the theft of property from the person of another, or from a
building which has been destroyed or left unoccupied because of
physical disaster, riot, bombing, or the proximity of battle, or the
theft of property which has been removed from a building because of a
physical disaster, riot, bombing, or the proximity of battle, is
theft in the first degree. Theft in the first degree is a class "C"
felony.
2. The theft of property exceeding one thousand dollars but not
exceeding ten thousand dollars in value or theft of a motor vehicle
as defined in chapter 321 not exceeding ten thousand dollars in
value, is theft in the second degree. Theft in the second degree is
a class "D" felony. However, for purposes of this subsection,
"motor vehicle" does not include a motorized bicycle as defined
in section 321.1, subsection 40, paragraph "b".
3. The theft of property exceeding five hundred dollars but not
exceeding one thousand dollars in value, or the theft of any property
not exceeding five hundred dollars in value by one who has before
been twice convicted of theft, is theft in the third degree. Theft
in the third degree is an aggravated misdemeanor.
4. The theft of property exceeding two hundred dollars in value
but not exceeding five hundred dollars in value is theft in the
fourth degree. Theft in the fourth degree is a serious misdemeanor.
5. The theft of property not exceeding two hundred dollars in
value is theft in the fifth degree. Theft in the fifth degree is a
simple misdemeanor.
