Allegheny Township, Pa, woman charged with felony for shoplifting $12 pair of leggings

[left-of-center2012]

Allegheny Township police charged a woman with a felony count of retail theft after, they say, she stole a $12 pair of leggings from the Family Dollar store along Hyde Park Road, according to her arrest papers. Barbara Ellen Sanders, 48, of the 1100 block of Route 356 in Allegheny Township was also charged with receiving stolen property in connection with the Feb. 4 incident.

Police tracked her down using information from the state welfare bank card she used to pay for other items at the store, according to the criminal complaint filed on the case. Police said they were able to track down Sanders because she paid for items using an Electronic Benefits Transfer (EBT) card, which is used to access state welfare benefits. Investigators said the receipt for the items that Sanders paid for had the last four numbers of the EBT card. Using those numbers, an agent for the state Office of Inspector General’s fraud division verified that the card was issued to Sanders, the complaint said.

Police were dispatched to the store after a manager reported finding an empty package for leggings in an aisle and reviewed security video showing the theft, according to the complaint. Officers reviewed the video and saw a woman dressed in black, with blonde-and-blue hair fixed in a bun. They say she remove the leggings from the package and stuffed them into a sleeve of her sweatshirt, the complaint said. After ditching the package where the manager found it, the woman continued shopping before checking out of the store, according to the complaint.

Police noted in the complaint that Sanders has previous convictions for theft and other offenses.

Court records show that she pleaded guilty to a retail theft charge in June 2017 and was sentenced to a year in jail.

In May 2017 she pleaded guilty to two misdemeanor drug charges and was
sentenced to a year in jail.

She also pleaded guilty to a theft charge in December 2016 and was
sentenced to three to 23 months in jail.

In June 2016, Sanders was
sentenced to seven days in jail after pleading guilty to a charge of simple assault, according to court records.

https://triblive.com/local/valley-news-dispatch/police-allegheny-township-woman-charged-with-felony-for-shoplifting-12-pair-of-leggings/

[oswaldactedalone]

1. Take home lesson

Don’t steal.

[halfulglas]

2. But a felony?

Most states have a much higher dollar amount for it to be a felony.

[Goonch]

3. CHAPTER 39 THEFT AND RELATED OFFENSES§ 3903. Grading of theft offenses.

(a) Felony of the second degree.--Theft constitutes a felony of the second degree if:

(1) The offense is committed during a manmade disaster, a natural disaster or a war-caused disaster and constitutes a violation of section 3921 (relating to theft by unlawful taking or disposition), 3925 (relating to receiving stolen property), 3928 (relating to unauthorized use of automobiles and other vehicles) or 3929 (relating to retail theft).

(2) The property stolen is a firearm.

(3) In the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm.

(4) The property stolen is any amount of anhydrous ammonia.

(5) The amount involved is $100,000 or more but less than $500,000.

(a.1) Felony of the third degree.--Except as provided in subsection (a) or (a.2), theft constitutes a felony of the third degree if the amount involved exceeds $2,000, or if the property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle, or in the case of theft by receiving stolen property, if the receiver is in the business of buying or selling stolen property.

(a.2) Felony of the first degree.--Except as provided in subsections (a) and (a.1), theft constitutes a felony of the first degree if:

(1) in the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm and the receiver is in the business of buying or selling stolen property; or

(2) the amount involved is $500,000 or more.

(b) Other grades.--Theft not within subsection (a), (a.1) or (a.2), constitutes a misdemeanor of the first degree, except that if the property was not taken from the person or by threat, or in breach of fiduciary obligation, and:

(1) the amount involved was $50 or more but less than $200 the offense constitutes a misdemeanor of the second degree; or

(2) the amount involved was less than $50 the offense constitutes a misdemeanor of the third degree.

(c) Valuation.--The amount involved in a theft shall be ascertained as follows:

(1) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.

(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:

(i) The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

(ii) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(3) When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in paragraphs (1) and (2) of this subsection its value shall be deemed to be an amount less than $50. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Manmade disaster." Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from manmade causes, such as oil spills and other injurious environmental contamination, which threatens or causes substantial damage to property, human suffering, hardship or loss of life.

"Natural disaster." Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life.

"War-caused disaster." Any condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by use of bombs, missiles, shellfire, nuclear, radiological, chemical or biological means, or other weapons or overt paramilitary actions, or other conditions such as sabotage.

(June 17, 1974, P.L.356, No.118, eff. imd.; Nov. 29, 1990, P.L.608, No.154, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Nov. 23, 2004, P.L.953, No.143, eff. 60 days; June 28, 2011, P.L.48, No.10, eff. 60 days; Dec. 23, 2013, P.L.1264, No.131, eff. 60 days) https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=39