(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.