(a) Offense defined.-- A person commits the offense of theft of a catalytic converter if the person unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over a catalytic converter with intent to deprive the rightful owner of the catalytic converter. (b) Grading.-- Except as provided under subsection (c): (1) An offense under this section constitutes a misdemeanor of the third degree if the value of the catalytic converter unlawfully obtained is less than $50. (2) An offense under this section constitutes a misdemeanor of the second degree if the value of the catalytic converter unlawfully obtained is $50 or more but less than $200. (3) An offense under this section constitutes a misdemeanor of the first degree if the value of the catalytic converter unlawfully obtained is $200 or more but less than $1,000. (4) An offense under this section constitutes a felony of the third degree if the value of the catalytic converter unlawfully obtained is $1,000 or more. (c) Third or subsequent offenses.-- An offense under this section constitutes a felony of the third degree if the offense is a third or subsequent offense, regardless of the value of the catalytic converter. For purposes of this subsection, a first and second offense include a conviction, acceptance of or other form of preliminary disposition before the sentencing on the present violation for an offense under this section.
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