§ 155.40 Grand larceny in the second degree.\n A person is guilty of grand larceny in the second degree when such\nperson steals property and when:\n 1. The value of the property exceeds fifty thousand dollars; or\n 2. The property, regardless of its nature and value, is obtained by\nextortion committed by instilling in the victim a fear that the actor or\nanother person will (a) cause physical injury to some person in the\nfuture, or (b) cause damage to property, or (c) use or abuse the actor's\nposition as a public servant by engaging in conduct within or related to\nthe actor's official duties, or by failing or refusing to perform an\nofficial duty, in such manner as to affect some person adversely; or\n ** 3. The property consists of retail goods or merchandise stolen\npursuant to a common scheme or plan or a single, ongoing intent to\ndeprive another or others of the property or to appropriate the property\nto the actor or another person and the value of the property exceeds\nfifty thousand dollars, which value may be determined by the aggregate\nvalue of all such property regardless of whether the goods or\nmerchandise were stolen from the same owner. Nothing in this subdivision\nshall be read to limit the ability to aggregate the value of any\nproperty or the ability to charge the larceny of retail goods or\nmerchandise under another applicable provision of law.\n ** NB There are 2 sb 3's\n ** 3. Such person commits deed theft, regardless of the value, of: (a)\none residential real property; or (b) one commercial mixed-use property\nwith at least one residential unit; or (c) two or more commercial\nproperties.\n ** NB There are 2 sb 3's\n Grand larceny in the second degree is a class C felony.\n
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