A felony of the third degree if the number of items obtained, possessed, transferred, or used is ___ or more but less than ___.

• A. 5 or more but less than 10
• B. 4 or more but less than 9
• C. 6 or more but less than 12
• D. 1 or more but less than 5

Answer: (A)

In this type of offense, the level of the felony is determined by how many items are involved. For a third-degree felony, the statute specifies that five or more items—but fewer than ten—meet the threshold. That means 5, 6, 7, 8, or 9 items would qualify as a third-degree felony, while 10 or more would move into a higher degree or different category. The option that states five or more but less than ten matches this exact range, so it correctly identifies the third-degree level. The other ranges either include fewer than five items or extend to ten or more, which would not stay within the third-degree threshold.