708-832 Theft in the third degree. (1) A person commits the offense of theft in the third degree if the person commits theft:

(a) Of property or services the value of which exceeds $100; or

(b) Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $300.

(2) Theft in the third degree is a misdemeanor. [L 1972, c 9, pt of 1; am L 1974, c 201, 2 and c 242, 2; am L 1979, c 106, 7; am L 1986, c 314, 65; am L 2006, c 230, 38]


Case Notes


Jury instructions on the lesser included offenses of theft in the third degree under this section and theft in the fourth degree under 708-833 should have been given where jury could have found that petitioner committed theft of not only less than $20,000, but less than $300 or less than $100, making the offenses of theft III or theft IV applicable. 122 H. 271, 226 P.3d 441 (2010).



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