The offense level of theft is increased to the next highest category of offense if the actor did which of the following?

• A. Was a public servant who appropriated the property stolen through the actor's status as a public servant.
• B. Fled the scene on foot after the offense.
• C. Had no prior offenses.
• D. Used a counterfeit credit card to make payment for services.

Answer: (A)

The key idea here is that theft can carry an automatic category elevation when the offender is a public servant who uses their official status to steal property entrusted to them. When someone in a public role misuses their position to take what’s in their custody, the law views that as a greater breach of trust and raises the offense to the next higher level. That’s why the scenario where the actor is a public servant and the theft occurred through that status fits the enhancement rule and is the best choice.

The other options don’t prompt that automatic increase. Fleeing after the offense can influence sentencing but doesn’t itself bump the theft category. Having no prior offenses usually works in the defendant’s favor rather than increasing the offense level. Using a counterfeit credit card introduces separate crimes or charges for fraud, and doesn’t by itself trigger the public-servent enhancement to the theft category.