Qualified theft is a more serious type of theft that can result in greater penalties. Some states in the US have a specific term for it, while others refer to degrees of theft. Penalties vary by jurisdiction and can include significant prison time. Some countries, like the Netherlands and the Philippines, have their own definitions of qualified theft.
Qualified theft is a type of theft that is usually considered more serious theft and therefore warrants penalty improvements over other types of theft. In the criminal world, not all thefts are created equal. Some degrees of theft are determined by the value of the stolen items and other circumstances.
In the United States, some states have a term of qualified theft and others simply refer to degrees of theft. In essence, the violations covered by the definitions are very similar. Only the terminology is different. These grades usually vary in their level of severity, although it is possible the penalties could remain the same, depending on the circumstances. In such cases, the degree of theft is simply a matter of definition, not severity.
For example, in some states, if a person is in a position of trust, such as being a bank teller, and steals, this could be subject to greater penalties than a qualified theft. In some cases, it may be up to a judge or jury to determine what a position of trust is. This law is in place to further discourage those with greater opportunities to commit theft from doing so. Otherwise, traditional penalties may not offer sufficient deterrence to prevent theft.
Some other countries, such as the Netherlands, do not have a specific code statute for crimes such as burglary. Instead, this is referred to as qualified theft. It is about entering property on which a person has no right to stay in order to commit theft. This is somewhat different from burglary in the United States, which is breaking into property on which a person has no right to stand in order to commit a crime of any kind.
The Philippines has another example of what some countries might consider qualified theft. Part of that country’s statutes actually lead to improvements if theft occurs in a certain location. In one case, the statute even states that coconuts stolen from a coconut plantation meet the definition of qualified theft.
Penalties for this crime vary from jurisdiction to jurisdiction. In some cases, the penalties can be significant. For example, a simple theft may only result in a fine and probation. However, any conviction for theft can often result in years in prison.
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