§ 3929. Retail theft.
(b) Grading.--
(1) Retail theft constitutes a:
(i) Summary offense when the offense is a first
offense and the value of the merchandise is less than
$150.
(ii) Misdemeanor of the second degree when the
offense is a second offense and the value of the
merchandise is less than $150.
(iii) Misdemeanor of the first degree when the
offense is a first or second offense and the value of the
merchandise is $150 or more.
(iv) Felony of the third degree when the offense is
a third or subsequent offense, regardless of the value of
the merchandise.
(v) Felony of the third degree when the amount
involved exceeds $2,000 or if the merchandise involved is
a firearm or a motor vehicle.