Is retail theft a felony in Pennsylvania?

Last updated October 4, 2026.

Retail theft is a third-degree felony in Pennsylvania when it is a third or later offense, whatever the value, or when the merchandise is worth more than $1,000 or is a firearm or a motor vehicle (18 Pa.C.S. 3929(b)). Otherwise a first offense under $150 is a summary offense, a second offense under $150 is a second-degree misdemeanor, and a first or second offense of $150 or more is a first-degree misdemeanor. So the value and your history decide the grade, and earlier ARD counts as a prior offense.

Here is how the statute works and what Delaware County offers for a first case. For the overall court process, see our criminal defense page.

What happens after a retail theft stop, step by step?

1. Detention at the store. Store staff or police with probable cause may hold a suspect in a reasonable manner for a reasonable time to identify them, recover merchandise and call police (3929(d)).
2. The charge. A first offense under $150 is usually charged by citation as a summary offense; higher grades start with a criminal complaint.
3. Summary path. Before trial or a plea, the district judge orders fingerprinting within five days so the State Police can report any prior retail theft conviction (3929(g)); the case is then decided at the district court, as explained in what a summary offense is in Pennsylvania.
4. Misdemeanor or felony path. A preliminary hearing at the district court for the store's location, then the Court of Common Pleas if held; see what happens at a preliminary hearing.
5. Diversion. In Delaware County, Misdemeanor Diversion or ARD may be offered at the DA's discretion.
6. Clearing the record. Depending on the outcome, expungement or Clean Slate may follow.

How is retail theft graded?

Grades: 18 Pa.C.S. 3929(b)(1). Maximums: 18 Pa.C.S. 1101, 1103, 1104 and 1105. Retail theft of motor fuel can also bring added fines and, for a third offense, a possible 30-day license suspension (3929(b)(1.1)).

What counts as a prior offense?

To decide whether a case is a first, second or third offense, the court counts any conviction, acceptance of ARD or other preliminary disposition before sentencing on the current case, for retail theft or a substantially similar offense, including under the law of any other state or the United States (3929(b.1)). That is different from DUI, where ARD no longer counts as a prior offense since 2025.

For a summary charge, the statute builds in a check: a defendant 16 or older must be fingerprinted within five days of the judge's order, by the local police or the State Police, and the district judge may not proceed until the State Police report whether there is a prior retail theft conviction (3929(g)).

How is the value decided, and can thefts be added together?

The statute uses "full retail value," which it defines as the merchant's stated or advertised price. Amounts taken in one scheme or course of conduct, from one store or several, may be aggregated to set the grade (3929(b)(2)). That is how a series of small takings can cross the $150 or $1,000 line. Other kinds of theft are graded by market value under a different section; see how the value of property changes a theft charge.

What does the store's evidence have to show?

The offense covers more than walking out with merchandise. It includes changing or removing price tags to pay less, moving items into another container, under-ringing at a register, and disabling a security tag, each with intent to deprive the merchant of full value (3929(a)). The statute adds three rules that matter in court:

• Intentionally concealing unpurchased merchandise, on or off the premises, creates a prima facie presumption of intent to steal, and finding the items concealed on you or in your belongings is prima facie evidence of concealment (3929(c)).
• A conviction is not avoided just because the prosecution cannot produce the merchandise, if other competent evidence supports it (3929(c.1)).
• Police, a merchant, an employee or a contracted agent with probable cause may detain a suspect in a reasonable manner for a reasonable time to identify them, recover merchandise and call police, without civil or criminal liability for the detention (3929(d)).

A district judge may not reduce another theft charge to retail theft (3929(e)).

What options exist for a first retail theft in Delaware County?

The District Attorney runs two programs that can end a case without a conviction:

• Misdemeanor Diversion. For low-level, non-violent misdemeanors. Participants are fingerprinted, waive the preliminary hearing, sign a participation form before leaving the district court, complete community service (typically eight hours) and pay court costs. No plea is entered, and after proof of completion the Commonwealth withdraws the charges.
• ARD. For first-time or low-risk offenders, with probation that generally lasts six months to two years. The DA's application lists ARD or a criminal conviction within the past 10 years, or two or more earlier dispositions of any age, as making a non-DUI applicant ineligible, along with thefts over $10,000.

Both are at the DA's discretion; our page on diversion programs for non-DUI charges in Delaware County covers them in full. Because ARD counts as a prior retail theft offense, accepting it affects the grade of any later charge. Felony grading, and the related charges of robbery and burglary, are covered in how serious a robbery or burglary charge is.

Can a retail theft record be cleared?

A summary conviction can be expunged after five years free of arrest or prosecution (18 Pa.C.S. 9122(b)(3)), and Clean Slate automatically limits public access to summary convictions after five years once restitution is paid (18 Pa.C.S. 9122.2(a)(3)). A second-degree misdemeanor conviction falls under Clean Slate after seven years without a new conviction for an offense punishable by a year or more (9122.2(a)(1)); other grades follow different rules. Charges dismissed or withdrawn after diversion or ARD can be expunged; the steps are in expungement, limited access and Clean Slate. Our theft defense page has more on how we handle these cases.

What changes the answer?

• Your history. Earlier convictions, ARD and similar out-of-state offenses all count, and a third offense is a felony at any value (3929(b.1)).
• The full retail value. The merchant's stated or advertised price decides whether the case crosses $150 or $1,000 (3929(f)).
• Aggregation. Takings in one scheme or course of conduct can be added together, even across stores (3929(b)(2)).
• What was taken. A firearm or a motor vehicle is a felony regardless of value.
• Force. Pushing or struggling with store staff while leaving can turn the case into robbery; see how robbery is graded.
• Diversion eligibility. The DA's ARD policy excludes applicants with ARD or a conviction in the past 10 years, or two or more earlier dispositions of any age.

For example: a first offense just over $150

Here is a hypothetical. A college student with no record leaves a store in Springfield with clothing priced at $165 in a bag. Store security stops her, recovers the items and calls police. Because the full retail value is $150 or more, it is a first-degree misdemeanor even on a first offense, so she receives a criminal complaint rather than a summary citation.

Her lawyer asks the DA about Misdemeanor Diversion. If she is accepted, she is fingerprinted, waives the preliminary hearing, completes the community service and pays costs, and the Commonwealth withdraws the charges, which can then be expunged. Had the price been $140, it would have been a summary offense handled at the district court. And because any ARD would count as a prior retail theft offense, a later case could start at a higher grade. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with a retail theft charge?

• Paying a summary citation without thinking. Sending in the fine and costs with a written plea is a guilty plea (Pa.R.Crim.P. 409(A)(1)), and the conviction counts as a prior for any later retail theft.
• Missing the fingerprinting order. The summary case cannot proceed until the State Police report comes back.
• Assuming the price tag only matters for the store. It sets the grade.
• Forgetting earlier ARD. It counts as a prior retail theft offense under 3929(b.1).
• Arguing with store staff. Any force can add a robbery charge.
• Ignoring the record afterward. Summary and some misdemeanor records can be cleared, but only if the steps are taken or the waiting periods run.

What should I do this week?

1. Find the citation or complaint and note the grade, the value listed and the court.
2. Write down what happened in the store and who you spoke with.
3. List any earlier theft charges, diversion or ARD, in any state.
4. If you received a summary citation, note the response deadline on it.
5. If a fingerprinting order was issued, complete it within five days.
6. Ask a lawyer about Misdemeanor Diversion or ARD before the preliminary hearing; the district courts are listed in which Delaware County district court will hear your case.

Frequently asked questions

Is a first shoplifting charge a crime?

A first offense under $150 is a summary offense with up to 90 days and a $300 fine. At $150 or more it is a first-degree misdemeanor even the first time (3929(b)(1)).

Can the store prove the case without the merchandise?

Yes, if other competent evidence supports it (3929(c.1)). Concealing unpurchased items creates a prima facie presumption of intent to steal (3929(c)).

Can a district judge lower my theft charge to retail theft?

No. A district judge may not reduce another theft charge to retail theft (3929(e)). Other thefts are graded by market value, as explained in how value changes a theft charge.

Will a retail theft stop me from getting ARD later?

The Delaware County DA's policy treats ARD or a conviction within the past 10 years, or two or more earlier dispositions of any age, as making a non-DUI applicant ineligible. Our page on non-DUI diversion in Delaware County covers the programs.

What is the maximum for a felony retail theft?

A third-degree felony carries up to 7 years and a $15,000 fine (18 Pa.C.S. 1103 and 1101). Every grade is listed in our Pennsylvania criminal penalties chart.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a retail theft charge.