Which offense applies to lost property valued over $2500 that the taker knows is lost?

• A. Theft of Lost Property (3rd Degree), felony class D
• B. Theft of Lost Property (1st Degree), felony class B
• C. Theft of Property (1st Degree), felony class B
• D. Theft of Lost Property (2nd Degree), felony class C

Answer: (B)

When property is lost and the taker knowingly takes it, the offense is theft of lost property, and the degree depends on the value involved. If the property is valued over $2,500, theft of lost property rises to the highest degree for that category, which is first-degree theft of lost property and carries a Class B felony. That's why this scenario—lost property valued above $2,500 with knowledge that it’s lost—fits the first-degree theft of lost property.

If the value were lower, or if the property weren’t lost (for example, ordinary theft of property), the offense would be a different, lower-degree theft. The key distinction is the lost-property element paired with the value threshold.