Section 6-3-402 - Theft; penalties(a) A person is guilty of theft if he knowingly takes, obtains, procures, retains or exercises control over or makes an unauthorized transfer of an interest in the property of another person without authorization or by threat or by deception, or he receives, loans money by pawn or pledge on or disposes of the property of another person that he knew or reasonably should have known was stolen, and he: (i) Intends to deprive the other person of the use or benefit of the property;(ii) Knowingly uses, receives, conceals, abandons or disposes of the property in such manner as to deprive the other person of its use or benefit; or(iii) Demands anything of value to which he has no legal claim as a condition for returning or otherwise restoring the property to the other person.(b) Repealed By Laws 2013, Ch. 191, § 3.(c) Except as provided in subsections (g) and (j) of this section, theft is:(i) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the value of the property is one thousand dollars ($1,000.00) or more or if the property is a firearm, horse, mule, sheep, cattle, buffalo or swine regardless of value; or(ii) Repealed by Laws 1984, ch. 44, § 3.(iii) A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the value of the property is less than one thousand dollars ($1,000.00).(d) Repealed By Laws 2013, Ch. 191, § 3.(e) Repealed By Laws 2013, Ch. 191, § 3.(f) Repealed By Laws 2013, Ch. 191, § 3.(g) In addition to the penalties provided in subsection (c) of this section, any person convicted of a second or subsequent offense for theft of motor vehicle fuel offered for retail sale shall have his driver's license suspended pursuant to W.S. 31-7-128(n). The court shall forward to the department of transportation a copy of the record pertaining to disposition of the arrest or citation.(h) The amount of property involved in violations of this section committed pursuant to a common scheme or the same transaction, whether the property is taken from the same person or different persons, may be aggregated in determining the value of the property.(j) Any person convicted of a fifth or subsequent offense for theft, shoplifting, larceny, wrongful taking of property, wrongful disposal of property or livestock rustling, any other theft offense under this section, any theft offense under a municipal ordinance or any theft offense pursuant to a substantially similar law of another jurisdiction separately brought and tried shall be guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.Amended by Laws 2023, ch. 7, § 1, eff. 7/1/2023.Amended by Laws 2021 , ch. 17, § 1, eff. 2/9/2021.Amended by Laws 2020 , ch. 90, § 1, eff. 7/1/2020.Amended by Laws 2013, ch. 191,§ 2A, eff. 7/1/2013.Amended by Laws 2013, ch. 191,§ 2, eff. 7/1/2013.