Chapter 15. Theft

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41 ME (0.4%)

17-A M.R.S.A. § 351

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 351. Consolidation

Conduct denominated theft in this chapter constitutes a single crime embracing the separate crimes such as those heretofore known as larceny, larceny by trick, larceny by bailee, embezzlement, false pretenses, extortion, blackmail, shoplifting and receiving stolen property. An accusation of theft may be proved by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the complaint, information or indictment, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise. If the evidence is sufficient to permit a finding of guilt of theft in more than one manner, no election among those manners is required.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1981, c. 317, § 7; 2007, c. 475, § 11.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 352

Effective: August 23, 2006

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 352. Definitions

As used in this chapter, unless a different meaning is plainly required by the context:

1. “Property” means anything of value, including but not limited to:

A. Real estate and things growing thereon, affixed to or found thereon;

B. Tangible and intangible personal property;

C. Captured or domestic animals, birds or fishes;

D. Written instruments, including credit cards, or other writings representing or embodying rights concerning real or personal property, labor, services or otherwise containing anything of value to the owner;

E. Commodities of a public utility nature such as telecommunications, gas, electricity, steam or water; and

F. Trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by the owner.

2. “Obtain” means:

A. In relation to property, to bring about, in or out of this State, a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another;

B. In relation to labor or services, to secure performance of labor or services; and

C. In relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.

3. “Intent to deprive” means to have the conscious object:

A. To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or the use and benefit of the property, would be lost; or

B. To restore the property only upon payment of a reward or other compensation; or

C. To use or dispose of the property under circumstances that make it unlikely that the owner will recover it or that manifest an indifference as to whether the owner will recover it.

4. “Property of another” includes property in which any person or government other than the actor has an interest that the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in the possession of the actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

5. The meaning of “value” must be determined according to the following.

A. Except as otherwise provided in this subsection, value means the market value of the property or services at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property or services within a reasonable time after the crime.

B. The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft or promissory note, is deemed the amount due or collectible on the instrument, and, in the case of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation, is deemed the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

C. The value of a trade secret that does not have a readily ascertainable market value is deemed any reasonable value representing the damage to the owner suffered by reason of losing an advantage over those who do not know of or use the trade secret.

D. If the value of property or services cannot be ascertained beyond a reasonable doubt pursuant to the standards set forth in paragraphs A to C, the trier of fact may find the value to be not less than a certain amount, and if no such minimum value can be thus ascertained, the value is deemed to be an amount less than $500.

E. Amounts of value involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated to charge a single theft of appropriate class or grade. Subject to the requirement that the conduct of the defense may not be prejudiced by lack of fair notice or by surprise, the court may at any time order that a single aggregated count be considered as separate thefts. An aggregated count of theft may not be deemed duplicitous because of such an order and an election may not be required. Prosecution may be brought in any venue in which one of the thefts that have been aggregated was committed.

F. The actor's culpability as to value is not an essential requisite of liability, unless otherwise expressly provided.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, §§ 52 to 54, eff. May 1, 1976; 1977, c. 510, § 46; 1981, c. 317, § 8; 1995, c. 224, § 2; 2001, c. 383, §§ 28 to 32, eff; Jan. 31, 2003; 2001, c. 389, § 2; 2005, c. 199, § 3; 2005, c. 527, § 6.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 353

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 353. Theft by unauthorized taking or transfer

1. A person is guilty of theft if:

A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime;

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime; or

C. The person knowingly operates an audiovisual or audio recording function of any device in a motion picture theater while a motion picture is being exhibited for the purpose of making a copy of the motion picture, without the written consent of the motion picture theater owner. Violation of this paragraph is a Class D crime.

2. As used in this section, “exercises unauthorized control” includes but is not limited to conduct formerly defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee and embezzlement.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2001, c. 383, § 33, eff. Jan. 31, 2003; 2001, c. 667, § D-3, eff. Jan. 31, 2003; 2005, c. 199, § 4; 2007, c. 476, § 10.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 353-A

Effective: August 30, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 353-A. Theft by unauthorized taking or transfer at a casino or slot machine facility

1. A person is guilty of theft at a casino or slot machine facility if:

A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property at or from a casino or slot machine facility as defined by Title 8, section 1001, subsections 5-A and 41. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

(6) The person has 2 or more prior convictions in this State for any combination of the offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the offenses listed in this subparagraph in another jurisdiction. The offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

CREDIT(S)

2011, c. 585, § 14.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 354

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 354. Theft by deception

1. A person is guilty of theft if:

A. The person obtains or exercises control over property of another as a result of deception and with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

2. For purposes of this section, deception occurs when a person intentionally:

A. Creates or reinforces an impression that is false and that the person does not believe to be true, including false impressions as to identity, law, value, knowledge, opinion, intention or other state of mind; except that an intention not to perform a promise, or knowledge that a promise will not be performed, may not be inferred from the fact alone that the promise was not performed;

B. Fails to correct an impression that is false and that the person does not believe to be true and that:

(1) The person had previously created or reinforced; or

(2) The person knows to be influencing another whose property is involved and to whom the person stands in a fiduciary or confidential relationship;

C. Prevents another from acquiring information that is relevant to the disposition of the property involved; or

D. Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property that the person transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record.

3. It is not a defense to a prosecution under this section that the deception related to a matter that was of no pecuniary significance or that the person deceived acted unreasonably in relying on the deception.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 510, § 47; 1999, c. 455, § 1; 2001, c. 383, § 34, eff. Jan. 31, 2003; 2001, c. 667, § D-4, eff. Jan. 31, 2003; 2007, c. 476, § 11.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 354-A

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 354-A. Insurance deception

1. A person is guilty of theft if:

A. The person obtains or exercises control over property of another as a result of insurance deception and with an intent to deprive the other person of the property. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

2. For purposes of this section, insurance deception occurs when a person intentionally makes a misrepresentation or written false statement that the person does not believe to be true relating to a material fact to any person engaged in the business of insurance concerning any of the following:

A. An application for the issuance or renewal of an insurance policy;

B. The rating of an insurance policy;

C. Payment made in accordance with an insurance policy;

D. A claim for payment or benefit pursuant to an insurance policy; or

E. Premiums paid on an insurance policy.

CREDIT(S)

1997, c. 779, § 1; 2001, c. 383, §§ 35, 36, eff. Jan. 31, 2003; 2001, c. 667, § D-5, eff. Jan. 31, 2003; 2007, c. 476, § 12.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 355

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 355. Theft by extortion

1. A person is guilty of theft if the person obtains or exercises control over the property of another as a result of extortion and with intent to deprive the other person of the property.

2. As used in this section, extortion occurs when a person threatens to:

A. Cause physical harm in the future to the person threatened or to any other person or to property at any time; or

B. Do any other act that would not in itself substantially benefit the person but that would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships.

3. Violation of this section is a Class C crime.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2001, c. 383, §§ 37 to 39, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 356

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 356. Repealed. Laws 2001, c. 383, § 40, eff. Jan. 31, 2003

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 356-A

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 356-A. Theft of lost, mislaid or mistakenly delivered property

1. A person is guilty of theft if:

A. The person obtains or exercises control over the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property and, with the intent to deprive the owner of the property at any time subsequent to acquiring it, the person fails to take reasonable measures to return it. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

CREDIT(S)

2001, c. 383, § 41, eff. Jan. 31, 2003; 2001, c. 667, § D-6, eff. Jan. 31, 2003; 2007, c. 476, § 13.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 357

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 357. Theft of services

1. A person is guilty of theft if:

A. The person obtains services by deception, threat, force or any other means designed to avoid the due payment for the services that the person knows are available only for compensation. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the services is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(3) The value of the services is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(4) The value of the services is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

(5) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

2. A person is guilty of theft if:

A. Having control over the disposition of services of another, to which the person knows the person is not entitled, the person diverts such services to the person's own benefit or to the benefit of some other person who the person knows is not entitled to the services. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the services is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) That person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(3) The value of the services is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(4) The value of the services is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

3. As used in this section:

A. “Deception” has the same meaning as in section 354;

B. “Services” includes, but is not limited to, labor; professional service; public utility service; transportation service; ski-lift service; restaurant, hotel, motel, tourist cabin, rooming house and like accommodations; the supplying of equipment, tools, vehicles or trailers for temporary use; telephone, cellular telephone, telegraph, cable television or computer service; gas, electricity, water or steam; admission to entertainment, exhibitions, sporting events or other events; or other services for which a charge is made; and

C. “Threat” is deemed to occur under the circumstances described in section 355, subsection 2.

4. When compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, ski lifts, garages or sporting events, nonpayment prior to use or enjoyment, refusal to pay or absconding without payment or offer to pay gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the service was obtained by deception.

5. Proof that utility services or electricity services have been improperly diverted or that devices belonging to the utility or electricity service provider and installed for the delivery, regulation or measurement of utility services or electricity services have been interfered with gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person to whom the utility service or electricity service is being delivered or diverted knowingly created or caused to be created the improper diversion or interference with the devices of the utility or electricity service provider.

This inference does not apply unless the person to whom the utility service or electricity service is being delivered has been furnished the service for at least 30 days.

For purposes of this subsection, “electricity service” means electric billing and metering services, as defined in Title 35-A, section 3201, subsection 8, and the service of a competitive electricity provider, as defined in Title 35-A, section 3201, subsection 5.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 183, §§ 1, 2; 1989, c. 138; 1993, c. 106, § 1; 1995, c. 107, § 1; 1999, c. 657, § 8, eff. April 10, 2000; 2001, c. 383, § 42, eff. Jan. 31, 2003; 2001, c. 667, §§ D-7, D-8, eff. Jan. 31, 2003; 2007, c. 476, §§ 14, 15.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 357-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 357-A. Repealed. Laws 1993, c. 106, § 2

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 358

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 358. Theft by misapplication of property

1. A person is guilty of theft if:

A. The person obtains property from anyone or personal services from an employee upon agreement, or subject to a known legal obligation, to make a specified payment or other disposition to a 3rd person or to a fund administered by that person, whether from that property or its proceeds or from that person's own property to be reserved in an equivalent or agreed amount, if that person intentionally or recklessly fails to make the required payment or disposition and deals with the property obtained or withheld as that person's own. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $2,000 and the person is a payroll processor. Violation of this paragraph is a Class B crime;

(5) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(6) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime;

(7) The value of the property is more than $1,000 but not more than $2,000 and the person is a payroll processor. Violation of this subparagraph is a Class C crime;

(8) The person is a payroll processor and has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class B crime; or

(9) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

2. Liability under subsection 1 is not affected by the fact that it may be impossible to identify particular property as belonging to the victim at the time of the failure to make the required payment or disposition.

3. Proof that a person is an officer or employee of the government or of a financial institution gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person:

A. Knows of any legal obligation relevant to the person's liability under this section; and

B. Dealt with the property as the person's own if the person fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of the person's accounts.

4. “Payroll processor” has the same meaning as in Title 10, section 1495.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2001, c. 383, §§ 43 to 45, eff. Jan. 31, 2003; 2001, c. 667, § D-9, eff. Jan. 31, 2003; 2007, c. 476, § 16.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 359

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 359. Receiving stolen property

1. A person is guilty of theft if:

A. The person receives, retains or disposes of the property of another knowing that it has been stolen, or believing that it has probably been stolen, with the intent to deprive the owner of the property. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

2. As used in this section, “receives” means acquiring possession, control or title, or lending on the security of the property. For purposes of this section, property is “stolen” if it was obtained or unauthorized control was exercised over it in violation of this chapter.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 55, eff. May 1, 1976; 2001, c. 383, § 46, eff. Jan. 31, 2003; 2001, c. 667, § D-10, eff. Jan. 31, 2003; 2007, c. 476, § 17.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 360

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 360. Unauthorized use of property

1. A person is guilty of theft if:

A. Knowing that the person does not have the consent of the owner, the person takes, operates or exercises control over a vehicle, or, knowing that a vehicle has been so wrongfully obtained, the person rides in the vehicle. Violation of this paragraph is a Class D crime;

A-1. The person violates paragraph A and the person has 2 or more prior convictions for any combination of the Maine offenses listed in this paragraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime;

B. Having custody of a vehicle pursuant to an agreement between the person and the owner of the vehicle whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, the person intentionally uses or operates the vehicle, without the consent of the owner, for the person's own purposes in a manner constituting a gross deviation from the agreed purpose. Violation of this paragraph is a Class D crime;

B-1. The person violates paragraph B and the person has 2 or more prior convictions for any combination of the Maine offenses listed in this paragraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime;

C. Having custody of property pursuant to a rental or lease agreement with the owner of the property or a borrower's agreement with a library or museum whereby the property is to be returned to the owner at a specified time and place, the person knowingly fails to comply with the agreed terms concerning return of such property without the consent of the owner, for so lengthy a period beyond the specified time for return as to render the retention or possession or other failure to return a gross deviation from the agreement. For purposes of this paragraph, proof that the person fails to return the property within 5 days of receiving a written demand from the owner, mailed by certified or registered mail or delivered by hand after the expiration of the rental period to the most current address known to the owner, gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 of a gross deviation from the agreement. Violation of this paragraph is a Class D crime; or

D. The person violates paragraph C and the person has 2 or more prior convictions for any combination of the Maine offenses listed in this paragraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.

2. As used in this section, “vehicle” means any automobile, airplane, motorcycle, motorboat, snowmobile, any other motor-propelled means of transportation, or any boat or vessel propelled by sail, oar or paddle.

3. It is a defense to a prosecution under this section that the person reasonably believed that the owner would have consented to the person's conduct had the owner known of it.

4. Repealed. Laws 2003, c. 510, § C-5, eff. Jan. 11, 2004.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, §§ 56, 57, eff. May 1, 1976; 1997, c. 319, § 1; 1999, c. 262, § 1; 2001, c. 383, §§ 47 to 49, eff. Jan. 31, 2003; 2001, c. 667, § D-11, eff. Jan. 31, 2003; 2003, c. 510, §§ C-4, C-5, eff. Jan. 11, 2004; 2007, c. 476, §§ 18 to 20.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 361

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 361. Affirmative defense of claim of right

It is an affirmative defense to prosecution under this chapter that the defendant acted in good faith under a claim of right to property or services involved, including, in cases of theft of a trade secret, that the defendant rightfully knew the trade secret or that it was available to the defendant from a source other than the owner of the trade secret.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 58, eff. May 1, 1976; 1977, c. 671, § 25; 2001, c. 383, § 50, eff. Jan. 31, 2003; 2001, c. 426, § 1; 2003, c. 1, § 1, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 361-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 361-A. Permissible inferences against accused

1. Proof that the defendant was in exclusive possession of property that had recently been taken under circumstances constituting a violation of this chapter, section 405 or of chapter 27 gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the defendant is guilty of the theft or robbery of the property, as the case may be, and proof that the theft or robbery occurred under circumstances constituting a violation of section 401 or 405 also gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the defendant in exclusive possession of property recently so taken is guilty of the burglary or burglary of a motor vehicle, as the case may be.

2. Proof that the defendant concealed unpurchased property stored, offered or exposed for sale while the defendant was still on the premises of the place where it was stored, offered or exposed or in a parking lot or public or private way immediately adjacent thereto gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the defendant obtained or exercised unauthorized control over the property with the intent to deprive the owner thereof.

CREDIT(S)

2001, c. 383, § 51, eff. Jan. 31, 2003; 2001, c. 667, § D-12, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 362

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 362. Repealed. Laws 2001, c. 383, § 52; Laws 2003, c. 1, §§ 2 to 5, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

Chapter 24. Theft

Updated:	6/27/2013 9:52 AM
Tags:	39 ID (0.5%)

I.C. § 18-2401

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2401. Consolidation of theft offenses

(1) Conduct denominated theft in this chapter constitutes a single offense superceding the separate offenses previously known as embezzlement, extortion, false pretenses, cheats, misrepresentations, larceny and receiving stolen goods.

(2) An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment, information or complaint, subject only to the power of the court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

CREDIT(S)

S.L. 1981, ch. 183, § 2.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

I.C. § 18-2402

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2402. Definitions

The following definitions are applicable to this chapter:

(1) “Appropriate.” To “appropriate” property of another to oneself or a third person means:

(a) To exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit; or

(b) To dispose of the property for the benefit of oneself or a third person.

(2) “Deception” means knowingly to:

(a) Create or confirm another's impression which is false and which the offender does not believe to be true; or

(b) Fail to correct a false impression which the offender previously has created or confirmed; or

(d) Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property whether such impediment is or is not valid, or is or is not a matter of official record; or

(e) Promise performance which the offender does not intend to perform or knows will not be performed. Failure to perform, standing alone, is not evidence that the offender did not intend to perform.

(3) “Deprive.” To “deprive” another of property means:

(a) To withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him; or

(b) To dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

(4) “Obtain” means:

(a) In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another; and

(b) In relation to labor or services, to secure the performance thereof.

(5) “Obtains or exerts control” over property, includes, but is not limited to, the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of property.

(6) “Owner.” When property is taken, obtained or withheld by one (1) person from another person, an owner thereof means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

(7) “Person” means an individual, corporation, association, public or private corporation, city or other municipality, county, state agency or the state of Idaho.

(8) “Property” means anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor or services, or otherwise of value to the owner; things growing on, affixed to, or found on land, or part of or affixed to any building; electricity, gas, steam, and water; birds, animals and fish, which ordinarily are kept in a state of confinement; food and drink; samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, prototypes or models thereof, or any other articles, materials, devices, substances and whole or partial copies, descriptions, photographs, prototypes or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement.

(9) “Service” includes, but is not limited to, labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, (a communication system) the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. A ticket or equivalent instrument which evidences a right to receive a service is not in itself service but constitutes property within the meaning of subsection (8) of this section.

(10) “Stolen property” means property over which control has been obtained by theft.

(11) “Value.” The value of property shall be ascertained as follows:

(a) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.

(b) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:

1. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

2. The value of a ticket or equivalent instrument which evidences a right to receive a transportation, entertainment or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon the value shall be deemed the price of such ticket or equivalent instrument which the issuer charges the general public.

3. The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(c) When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in paragraphs (a) and (b) of this subsection, its value shall be deemed to be one thousand dollars ($1,000) or less.

(d) For the purpose of establishing value of any written instrument, the interest of any owner or owners entitled to part or all of the property represented by such instrument, by reason of such instrument, may be shown, even if another owner may be named in the complaint, information or indictment.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1994, ch. 132, § 1;S.L. 1999, ch. 147, § 1.

I.C. § 18-2403

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2403. Theft

(1) A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

(2) Theft includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subsection (1) of this section, committed in any of the following ways:

(a) By deception obtains or exerts control over property of the owner;

(b) By conduct heretofore defined or known as larceny; common law larceny by trick; embezzlement; extortion; obtaining property, money or labor under false pretenses; or receiving stolen goods;

(c) By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner; or a person commits theft of lost or mislaid property when he:

1. Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner; and

2. Fails to take reasonable measures to restore the property to the owner; and

3. Intends to deprive the owner permanently of the use or benefit of the property.

(d) By false promise:

1. A person obtains property by false promise when pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

2. In any prosecution for theft based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are consistent with guilty intent or belief and inconsistent with innocent intent or belief, and excluding to a moral certainty every reasonable hypothesis except that of the defendant's intention or belief that the promise would not be performed;

(e) By extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

1. Cause physical injury to some person in the future; or

2. Cause damage to property; or

3. Engage in other conduct constituting a crime; or

4. Accuse some person of a crime or cause criminal charges to be instituted against him; or

5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or

6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or

7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

(3) A person commits theft when he knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the intent of depriving the owner thereof.

(4) A person commits theft when he knowingly receives, retains, conceals, obtains control over, possesses, or disposes of stolen property, knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen, and

(a) Intends to deprive the owner permanently of the use or benefit of the property; or

(b) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or

(c) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

(5) Theft of labor or services or use of property.

(a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.

(b) A person commits theft when after renting or leasing a motor vehicle under an agreement in writing which provides for the return of the vehicle to a particular place at a particular time, he willfully or intentionally fails to return the vehicle to that place within forty-eight (48) hours after the time specified.

(c) A person commits theft if, having control over the disposition of services of others, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1985, ch. 216, § 1; S.L. 2001, ch. 112, § 1.

I.C. § 18-2403A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2403A. Repealed

I.C. § 18-2404

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2404. Prima facie evidence--Theft by lessee

It shall be prima facie evidence that a person knowingly obtains or exerts unauthorized control over property of the owner when a lessee of the personal property of another, leased or rented by written instrument:

(1) Fails or refuses to return such personal property to its owner after the lease or rental agreement has expired:

(a) Within ten (10) days; and

(b) Within forty-eight (48) hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement; or

(2) When the lease or rent of such personal property is obtained by presentation of identification to the lessor or renter thereof which is false, fictitious, or knowingly not current to name, address, place of employment, or other identification.

CREDIT(S)

S.L. 1981, ch. 183, § 2.

I.C. § 18-2405

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2405. Proof of fraudulent intent in procuring food, lodging or other accommodations

Proof that lodging, food or other accommodation was obtained by any deception or false pretense, or by any false or fictitious show or pretense of any baggage or other property, or that any person absconded without paying or offering to pay for such food, lodging or other accommodation, or that any such person surreptitiously removed, or attempted to remove, his or her baggage, shall be prima facie proof of the intent necessary for the theft of the same.

CREDIT(S)

S.L. 1981, ch. 183, § 2.

I.C. § 18-2406

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2406. Defenses

(1) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.

(2) Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.

(3) In any prosecution for theft committed by trespassory taking or the offense previously known as embezzlement, it is an affirmative defense that the property was appropriated openly and avowedly, and under a claim of right made in good faith. It is not a defense to a theft committed by such conduct that the accused intended to restore the property taken, but may be considered by the court to mitigate punishment if the property is voluntarily and actually restored (or tendered) prior to the filing of any complaint or indictment relating thereto, and this provision does not excuse the unlawful retention of the property of another to offset or pay demands held against such other person.

(4) In any prosecution for theft by extortion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.

(5) It is no defense to a prosecution for theft under a provision of this chapter that the defendant, by reason of the same conduct, also committed an act specified as a crime in another chapter of title 18, or another title of the Idaho Code.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 2008, ch. 23, § 1, eff. July 1, 2008.

I.C. § 18-2407

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2407. Grading of theft

Theft is divided into two (2) degrees, grand theft and petit theft.

(1) Grand theft.

(a) A person is guilty of grand theft when he commits a theft as defined in this chapter and when the property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will:

1. Cause physical injury to some person in the future; or

2. Cause damage to property; or

3. Use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

(b) A person is guilty of grand theft when he commits a theft as defined in this chapter and when:

1. The value of the property taken exceeds one thousand dollars ($1,000); or

2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or

3. The property consists of a check, draft or order for the payment of money upon any bank, or a check, draft or order account number, or a financial transaction card or financial transaction card account number as those terms are defined in section 18-3122, Idaho Code; or

4. The property, regardless of its nature or value, is taken from the person of another; or

5. The property, regardless of its nature and value, is obtained by extortion; or

6. The property consists of one (1) or more firearms, rifles or shotguns; or

7. The property taken or deliberately killed is livestock or any other animal exceeding one hundred fifty dollars ($150) in value.

8. When any series of thefts, comprised of individual thefts having a value of one thousand dollars ($1,000) or less, are part of a common scheme or plan, the thefts may be aggregated in one (1) count and the sum of the value of all of the thefts shall be the value considered in determining whether the value exceeds one thousand dollars ($1,000); or

9. The property has an aggregate value over fifty dollars ($50.00) and is stolen during three (3) or more incidents of theft during a criminal episode. For purposes of this subparagraph a “criminal episode” shall mean a series of unlawful acts committed over a period of up to three (3) days; or

10. The property is anhydrous ammonia.

(2) Petit theft. A person is guilty of petit theft when he commits a theft as defined in this chapter and his actions do not constitute grand theft.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1982, ch. 272, § 1; S.L. 1983, ch. 19, § 1; S.L. 1987, ch. 84, § 1; S.L. 1994, ch. 132, § 2;S.L. 1994, ch. 346, § 21;S.L. 1998, ch. 326, § 1;S.L. 2000, ch. 243, § 1;S.L. 2002, ch. 257, § 1;S.L. 2002, ch. 326, § 1.

I.C. § 18-2408

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2408. Punishment for theft

(1) Grand theft committed in a manner prescribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony punishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than twenty (20) years, or by both such fine and imprisonment.

(2)(a) Grand theft committed in a manner prescribed in subsection (1)(b)1., 2., 3., 4., 5., 6., 8., 9. or 10. of section 18-2407, Idaho Code, or a felony committed in a manner prescribed in section 18-2415, Idaho Code, is a felony punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment.

(b) Grand theft committed in a manner prescribed in subsection (1)(b)7. of section 18-2407, Idaho Code, is a felony punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the minimum fine shall not be suspended or withheld, or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment. In addition, the court shall assess civil damages as provided in section 25-1910, Idaho Code.

(3) Petit theft is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one (1) year or by both.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1983, ch. 19, § 2; S.L. 1987, ch. 84, § 2; S.L. 1995, ch. 216, § 1;S.L. 2001, ch. 112, § 2;S.L. 2002, ch. 257, § 2;S.L. 2002, ch. 289, § 1.

I.C. § 18-2409

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2409. Pleading and proof

(1) Where it is an element of the crime charged that property was taken from the person or obtained by extortion, an indictment, complaint or information for theft must so specify. In all other cases, an indictment, information or complaint for theft is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the particular theory of theft involved.

(2) Proof that the defendant engaged in any conduct constituting theft as defined in section 18-2403, Idaho Code, is sufficient to support any indictment, information or complaint for theft other than one charging theft by extortion. An indictment, complaint or information charging theft by extortion must be supported by proof establishing theft by extortion.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1982, ch. 272, § 2.

I.C. § 18-2410

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2410. Prohibiting defacing, altering or obliterating numbers--Sales prohibited--Penalty

(1) Any person who, with intent to deceive or defraud others, shall deface, alter, remove, cover, destroy or obliterate the manufacturer's serial or identification number on any item of property shall be guilty of a felony.

(2) Any person or persons who, with intent to deceive or defraud others, knowingly disposes of, sells, trades or barters, or offers to dispose of, sell, trade or barter any item of property on which the manufacturer's serial or identification number has been defaced, altered, removed, covered or obliterated shall be guilty of a felony.

(3) Any violation of the provisions of this act [this section] shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment of not more than five (5) years in the state penitentiary or both.

CREDIT(S)

S.L. 1982, ch. 214, § 1.

I.C. § 18-2411

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2411. Unlawful use of theft detection shielding devices

(1) A person commits unlawful use of a theft detection shielding device when he knowingly manufacturers [manufactures], sells, offers for sale or distributes any laminated, or coated bag or device peculiar to shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

(2) A person commits unlawful possession of a theft detection shielding device when he knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft.

(3) A person commits unlawful possession of a theft detection device remover when he knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.

(4) A person commits the offense of unlawful removal of a theft detection device when he intentionally removes the device from a product prior to purchase.

(5) A person who commits unlawful use of a theft detection shielding device, unlawful possession of a theft detection shielding device, unlawful possession of a theft detection device remover or unlawful removal of a theft detection device shall be guilty of a misdemeanor for a first offense of a violation of the provisions of this section. Any person who pleads guilty to or is found guilty of a violation of the provisions of this section, or any substantially conforming statute in another state or local jurisdiction for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), shall be guilty of a felony and shall be punished by a fine not to exceed one thousand dollars ($1,000) or shall be sentenced to the custody of the state board of correction for a term not to exceed five (5) years or both.

CREDIT(S)

S.L. 2000, ch. 129, § 1.

I.C. § 18-2412

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§§ 18-2412, 18-2413. Repealed

I.C. § 18-2413

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§§ 18-2412, 18-2413. Repealed

I.C. § 18-2415

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2415. Scanning--Reencoding

(1) As used in this section, the term:

(a) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.

(b) “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.

(c) “Financial transaction card” or “FTC” means any instrument or device known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card or by any other name issued by the issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such a person or business; or any instrument or device used in providing the card holder access to a demand deposit account or a time deposit account for the purpose of making deposits of money or checks therein, or withdrawing funds in the form of money, money orders, or traveler's checks or other representative of value therefrom or transferring funds from any demand account or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing therein.

(d) “Merchant” is defined as an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. A “merchant” means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money or anything else of value from the person.

(2) It is a felony for a person to use or possess with intent to use:

(a) A scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.

(b) A reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.

(3) Any person who commits a violation pursuant to this section shall be punished pursuant to the provisions of section 18-2408(2)(a), Idaho Code.

CREDIT(S)

S.L. 2002, ch. 289, § 2.

I.C. § 18-2416

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2416. Short title

This act may be known and cited as the “Unused Merchandise Ownership Protection Act.”

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2417

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2417. Definitions

As used in the unused merchandise ownership protection act:

(1) “Open market” may include a “swap meet,” an “indoor swap meet” or a “flea market” and means an event at which two (2) or more persons offer personal property for sale or exchange and either:

(a) A fee is charged for those persons selling or exchanging personal property or a fee is charged to the public for admission to the event; or

(b) The event is held more than two (2) times in a twelve (12) month period;

(2) “Unused merchandise” means tangible personal property that, since its original production or manufacturing, has never been used or consumed and, if placed in a package or container, is still in its original and unopened package or container; and

(3) “Vendor of unused merchandise” means a person who offers unused merchandise for sale or exchange at an open market.

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2418

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2418. Prohibited sales--Certain merchandise

(1) It is a violation of the unused merchandise ownership protection act for a vendor of unused merchandise to sell or offer for sale any baby food or infant formula, cosmetic, drug or medical device at an open market without displaying a written valid authorization from the manufacturer or distributor of the merchandise. The authorization shall identify the vendor of unused merchandise and shall specify the merchandise that the vendor is authorized to sell.

(2) As used in this section:

(a) “Baby food or infant formula” means unused merchandise consisting of a food product manufactured, packaged and labeled specifically for consumption by a child less than two (2) years of age;

(b) “Cosmetic” means unused merchandise, other than soap, that is:

(i) Intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; or

(ii) Intended for use as a component of any articles enumerated in subparagraph (i) of this paragraph;

(i) Is recognized in an official compendium;

(ii) Affects the structure or any function of the body of man or other animals; or

(iii) Is intended for use as a component of subparagraph (i) or (ii) of this paragraph, but does not include medical devices or their component parts or accessories;

(d) “Medical device” means unused merchandise that is an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, and that is:

(i) Recognized in an official compendium;

(ii) Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in man or other animals; or

(iii) Intended to affect the structure or function of the body of man or other animals and which does not achieve its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for achievement of its principal intended purposes; and

(e) “Official compendium” means the official United States pharmacopoeia national formulary or the official homeopathic pharmacopoeia of the United States or any supplement to either of them.

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2419

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2419. Recordkeeping requirements--Violations

(1) A vendor of unused merchandise shall maintain receipts for the vendor's purchase of any unused merchandise sold or offered for sale by the vendor at an open market. The receipts shall be kept at the open market in which the unused merchandise is offered for sale and at the vendor's residence or principal place of business for two (2) years after the merchandise is sold. Each receipt shall specify:

(a) The date of the purchase;

(b) The name and address of the person from whom the unused merchandise was acquired;

(c) A description of the unused merchandise purchased, including any specific lot numbers or other identifying characteristics;

(d) The amount paid for the unused merchandise; and

(e) The signature of the buyer and the seller of the unused merchandise.

(2) It is a violation of the unused merchandise ownership protection act for a person to knowingly:

(a) Falsify, obliterate or destroy any receipt required to be kept pursuant to this section;

(b) At the request of a police officer, fail or refuse to produce any receipt required to be kept pursuant to this section; and

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2420

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2420. Exemptions

(1) The following persons are exempt from the provisions of the unused merchandise ownership protection act:

(a) A vendor at an event organized or operated for religious, educational, charitable or other nonprofit purposes if no part of any admission fee or parking fee charged vendors or prospective purchasers and no part of the gross receipts or net earnings from the sale of merchandise at the event is paid to a private person for participating in the organization or operation of the event;

(b) A vendor at an industry or association trade show;

(c) A vendor at an event at which all of the merchandise offered for sale is new and at which all vendors are manufacturers or authorized representatives of manufacturers or distributors; and

(d) A vendor selling by sample, catalog or brochure for future delivery.

(2) The requirements of the unused merchandise ownership protection act do not apply to sales or offers for sale of the following unused merchandise:

(a) Firewood, sand, gravel, flagstone, building stone or other natural product;

(b) Live animals;

(d) Food intended for human consumption at the open market immediately after sale;

(e) Merchandise offered for sale as an antique or otherwise historical item and, although never used, the style, packaging, material or appearance of which clearly indicates that the merchandise was not produced or manufactured within recent times;

(f) Food offered for sale that was grown, harvested or produced by the vendor or the vendor's principal; and

(g) Art, crafts or handicrafts that were produced by the vendor or the vendor's principal.

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2421

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2421. Penalties

A person who violates any provision of the unused merchandise ownership protection act is guilty of a misdemeanor for the first offense. Any person who pleads guilty to or is found guilty of a violation of the unused merchandise ownership protection act, or any substantially conforming statute in another state or any local jurisdiction, for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and shall be sentenced to the custody of the state board of correction for a term not to exceed five (5) years, or shall be fined an amount not to exceed twenty-five thousand dollars ($25,000) or both.

CREDIT(S)

S.L. 2000, ch. 130, § 1.

§ 61-3-49a. Unlawful sale of used, secondhand, rebuilt, repossessed, etc., watches and clocks; penalty; revocation of license to sell

Tags:

38 WV (0.6%)

W. Va. Code, § 61-3-49a

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3. Crimes Against Property (Refs & Annos)

§ 61-3-49a. Unlawful sale of used, secondhand, rebuilt, repossessed, etc., watches and clocks; penalty; revocation of license to sell

It shall be unlawful for any person, firm, corporation, association or copartnership, either foreign or domestic, to display, barter, sell, offer or expose for sale, any clock or watch or other instrument or contrivance by which the progress of time is perceived or measured, or which instrument or contrivance is intended for such use, and which has before been used, rebuilt, repossessed, reconstructed or reconditioned, without at all times having the same marked by label plainly written or printed in the English language, and attached thereto, with the words thereon, “used,” “secondhand,” “rebuilt,” “repossessed,” “reconstructed” or “reconditioned,” as the case may be.

Any person, firm, corporation, association or copartnership, foreign or domestic, who or which shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall, for the first offense, be fined not less than twenty-five nor more than one hundred dollars; and for a second offense shall be fined not less than fifty dollars nor more than two hundred fifty dollars, and in addition thereto, the owner, manager or acting agent of the seller shall be imprisoned in the county jail not less than ten nor more than sixty days; and upon conviction for a third or subsequent offense, shall be fined not less than one hundred dollars nor more than five hundred dollars, and in addition thereto the owner, manager or acting agent of the seller shall be confined in the county jail not less than thirty days nor more than six months, at the discretion of the court, and upon conviction for such third or subsequent offense, in addition to the penalty herein provided, the license of the offender for the sale of merchandise shall be revoked and shall not be renewed for the period of six months from the date of such third conviction, and then only upon the offender executing bond with approved security in the sum of one thousand dollars, conditioned that he or it will not violate the provisions of this section.

CREDIT(S)

Acts 1941, c. 23.

Current through S.B. 412 of 2013 Reg. Sess.

Chapter 61. Crimes and Their Punishment

Tags:

38 WV (0.6%)

W. Va. Code, § 61-3A-1

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3A. Shoplifting

§ 61-3A-1. Shoplifting defined

(a) A person commits the offense of shoplifting if, with intent to appropriate merchandise without paying the merchant's stated price for the merchandise, such person, alone or in concert with another person, knowingly:

(1) Conceals the merchandise upon his or her person or in another manner; or

(2) Removes or causes the removal of merchandise from the mercantile establishment or beyond the last station for payment; or

(3) Alters, transfers or removes any price marking affixed to the merchandise; or

(4) Transfers the merchandise from one container to another; or

(5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise; or

(6) Removes a shopping cart from the premises of the mercantile establishment; or

(7) Repudiates a card-not-present credit or debit transaction after having taken delivery of merchandise ordered from the merchant and does not return the merchandise or attempt to make other arrangements with the vendor.

(b) A person also commits the offense of shoplifting if such person, alone or in concert with another person, knowingly and with intent obtains an exchange or refund or attempts to obtain an exchange or refund for merchandise which has not been purchased from the mercantile establishment.

CREDIT(S)

Acts 1957, c. 42; Acts 1967, c. 45; Acts 1981, c. 67; Acts 2005, c. 72, eff. 90 days after April 9, 2005.

Current through S.B. 412 of 2013 Reg. Sess.

W. Va. Code, § 61-3A-2

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3A. Shoplifting

§ 61-3A-2. Evidence

(a) Evidence of stated price or ownership of merchandise may include, but is not limited to:

(1) The actual merchandise alleged to have been shoplifted; or

(2) The unaltered content of the price tag or marking from such merchandise; or

(3) Properly identified photographs of such merchandise.

(b) Any merchant may testify at a trial as to the stated price or ownership of merchandise, as well as to other matters pertaining to the case.

CREDIT(S)

Acts 1957, c. 42; Acts 1967, c. 45; Acts 1973, c. 42; Acts 1981, c. 67.

Current through S.B. 412 of 2013 Reg. Sess.

W. Va. Code, § 61-3A-3

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3A. Shoplifting

§ 61-3A-3. Penalties

A person convicted of shoplifting shall be punished as follows:

(a) First offense conviction.--Upon a first shoplifting conviction:

(1) When the value of the merchandise is less than or equal to five hundred dollars, the person is guilty of a misdemeanor and shall be fined not more than two hundred fifty dollars.

(2) When the value of the merchandise exceeds five hundred dollars, the person is guilty of a misdemeanor and shall be fined not less than one hundred dollars nor more than five hundred dollars, and such fine shall not be suspended, or the person shall be confined in jail not more than sixty days, or both.

(b) Second offense conviction.--Upon a second shoplifting conviction:

(1) When the value of the merchandise is less than or equal to five hundred dollars, the person is guilty of a misdemeanor and shall be fined not less than one hundred dollars nor more than five hundred dollars, and such fine shall not be suspended, or the person shall be confined in jail not more than six months or both.

(2) When the value of the merchandise exceeds five hundred dollars, the person is guilty of a misdemeanor and shall be fined not less than five hundred dollars and shall be confined in jail for not less than six months nor more than one year.

(c) Third offense conviction.--Upon a third or subsequent shoplifting conviction, regardless of the value of the merchandise, the person is guilty of a felony and shall be fined not less than five hundred dollars nor more than five thousand dollars, and shall be imprisoned in the penitentiary for not less than one year nor more than ten years. At least one year shall actually be spent in confinement and not subject to probation: Provided, That an order for home detention by the court pursuant to the provisions of article eleven-b, chapter sixty-two of this code may be used as an alternative sentence to the incarceration required by this subsection.

(d) Mandatory penalty.--In addition to the fines and imprisonment imposed by this section, in all cases of conviction for the offense of shoplifting, the court shall order the defendant to pay a penalty to the mercantile establishment involved in the amount of fifty dollars, or double the value of the merchandise involved, whichever is higher. The mercantile establishment shall be entitled to collect such mandatory penalty as in the case of a civil judgment. This penalty shall be in addition to the mercantile establishment's rights to recover the stolen merchandise.

(e) In determining the number of prior shoplifting convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven years prior to the shoplifting offense in question.

CREDIT(S)

Acts 1957, c. 42; Acts 1981, c. 67; Acts 1994, c. 108.

Current through S.B. 412 of 2013 Reg. Sess.

W. Va. Code, § 61-3A-4

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3A. Shoplifting

§ 61-3A-4. Shoplifting constitutes breach of peace; detention

An act of shoplifting as defined herein, is hereby declared to constitute a breach of peace and any owner of merchandise, his agent or employee, or any law-enforcement officer who has reasonable ground to believe that a person has committed shoplifting, may detain such person in a reasonable manner and for a reasonable length of time not to exceed thirty minutes, for the purpose of investigating whether or not such person has committed or attempted to commit shoplifting. Such reasonable detention shall not constitute an arrest nor shall it render the owner of merchandise, his agent or employee, liable to the person detained.

CREDIT(S)

Acts 1957, c. 42; Acts 1967, c. 45; Acts 1981, c. 67.

Current through S.B. 412 of 2013 Reg. Sess.

W. Va. Code, § 61-3A-4a

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3A. Shoplifting

§ 61-3A-4a. Criminal offenses involving theft detection shielding devices; detention

(a) As used in this section:

(1) “Theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant.

(2) “Theft detection device remover” means any tool or device specifically designed or manufactured to be used to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(3) “Theft detection shielding device” means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.

(b) A person commits unlawful distribution of a theft detection shielding device when he or she knowingly manufactures, sells, offers to sell or distribute any theft detection shielding device.

(c) A person commits unlawful possession of a theft detection shielding device when he or she knowingly possesses any theft detection shielding device with the intent to commit theft or retail theft.

(d) A person commits unlawful possession of a theft detection shielding device remover when he or she knowingly possesses any theft detection device remover with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding said merchandise.

(e) A person commits unlawful use of a theft detection shielding device or a theft detection shielding remover when he or she uses or attempts to use either device while committing a violation of this article.

(f) A person commits unlawful removal of a theft detection device when he or she intentionally removes any theft detection device by the use of manual force or by any tool or device, which is not specifically designed or manufactured to remove theft detection devices, from merchandise prior to purchase.

(g) Any person convicted for violating the provisions of subsections (b), (c), (d), or (e) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail facility for not less than thirty days nor more than one year, and fined not less than two hundred and fifty dollars nor more than one thousand dollars.

(h) Any person convicted of violating the provisions of subsection (f) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, and such fine shall not be suspended, or the person shall be confined in the county or regional jail not more than sixty days, or both.

(i) The activation of an anti-shoplifting or inventory control device as a result of a person exiting the establishment or a protected area within the establishment shall constitute reasonable cause for the detention of the person so exiting by the owner or operator or the establishment or by an agent or employee of the owner or operator, provided sufficient notice has been posted to advise the patrons that such a device is being utilized. Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device or for the recovery of goods.

(j) Such taking into custody and detention by a law-enforcement officer, merchant, or merchant's employee, if done in compliance with all the requirements of this section, does not render such law-enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

CREDIT(S)

Acts 2000, c. 83, eff. 90 days after March 11, 2000.

Current through S.B. 412 of 2013 Reg. Sess.

W. Va. Code, § 61-3A-5

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3A. Shoplifting

§ 61-3A-5. Civil liability

(a) General rule.--Any person who commits any of the acts described in section one of this article shall be civilly liable:

(1) To restore the merchandise to the mercantile establishment; and

(2) If such merchandise is not recoverable or is damaged, for actual damages, including the value of the merchandise involved in the shoplifting; and

(3) For other actual damages arising from the incident, not including the loss of time or loss of wages incurred by the mercantile establishment or any merchant in connection with the apprehension and processing of the suspect; and

(4) In all cases, for a penalty to be paid to the mercantile establishment in the amount of fifty dollars or double the value of the merchandise, whichever is higher.

(b) Costs and attorneys' fees.--A merchant who is a prevailing party under this section is entitled to costs.

(c) Effect of conviction.--A conviction for the offense of theft by shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section. However, a merchant who has recovered the penalty prescribed by section three of this article is not entitled to recover the penalty imposed by this section.

(d) Right to demand payment.--The fact that a mercantile establishment may bring an action against an individual as provided in this section does not limit the right of such establishment to demand, orally or in writing, that a person who is liable for damages or a penalty under this section remit said damages or penalty prior to the commencement of any legal action.

CREDIT(S)

Acts 1981, c. 67.

Current through S.B. 412 of 2013 Reg. Sess.

W. Va. Code, § 61-3A-6

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3A. Shoplifting

§ 61-3A-6. Definitions

(a) “Card-not-present credit or debit transaction” means a credit or debit sale of merchandise by telephone, mail order, internet or other means that does not require the cardholder's signature or physical presentation of the credit or debit card to the merchant.

(b) “Conceal” means to hide, hold or carry merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.

(c) “Merchant” means an owner or operator of any mercantile establishment and includes the merchant's employees, servants, security agents or other agents.

(d) “Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale. “Mercantile establishment” does not include adjoining parking lots or adjoining areas of common use with other establishments.

(e) “Merchandise” means any goods, foodstuffs, wares or personal property, or any part or portion thereof of any type or description displayed, held or offered for sale, or a shopping cart.

(f) “Value of the merchandise” means the merchant's stated price of the merchandise, or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the retail value of the merchandise, as defined in section one of this article, the difference between the merchant's stated price of the merchandise and the altered price.

CREDIT(S)

Acts 1981, c. 67; Acts 2005, c. 72, eff. 90 days after April 9, 2005.

Current through S.B. 412 of 2013 Reg. Sess.

Chapter 164. Offenses Against Property

Tags:

27 OR (1.2%)

O.R.S. § 164.005

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Definitions

164.005. Definitions

As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

(1) “Appropriate property of another to oneself or a third person” or “appropriate” means to:

(a) Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of such property; or

(b) Dispose of the property of another for the benefit of oneself or a third person.

(2) “Deprive another of property” or “deprive” means to:

(a) Withhold property of another or cause property of another to be withheld from that person permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to that person; or

(b) Dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

(3) “Obtain” includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.

(4) “Owner of property taken, obtained or withheld” or “owner” means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

(5) “Property” means any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or of contract.

CREDIT(S)

Laws 1971, c. 743, § 121.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.010

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Definitions

164.010. Amended by Laws 1959, c. 236, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 164, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property

Theft and Related Offenses

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.015

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.015. Theft

A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person:

(1) Takes, appropriates, obtains or withholds such property from an owner thereof;

(2) Commits theft of property lost, mislaid or delivered by mistake as provided in ORS 164.065;

(3) Commits theft by extortion as provided in ORS 164.075;

(4) Commits theft by deception as provided in ORS 164.085; or

(5) Commits theft by receiving as provided in ORS 164.095.

CREDIT(S)

Laws 1971, c. 743, § 123; Laws 2007, c. 71, § 47, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.020

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.020. Amended by Laws 1959, c. 236, § 2; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.025

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.025. Single offense; theft by extortion, proof

(1) Except for the crime of theft by extortion, conduct denominated theft under ORS 164.015 constitutes a single offense.

(2) If it is an element of the crime charged that property was taken by extortion, an accusation of theft must so specify. In all other cases an accusation of theft is sufficient if it alleges that the defendant committed theft of property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which the theft was committed.

(3) Proof that the defendant engaged in conduct constituting theft as defined in ORS 164.015 is sufficient to support any indictment, information or complaint for theft other than one charging theft by extortion. An accusation of theft by extortion must be supported by proof establishing theft by extortion.

CREDIT(S)

Laws 1971, c. 743, § 122.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.030

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.030. Amended by Laws 1955, c. 37, § 1; Laws 1959, c. 236, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.035

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.035. Defenses

(1) In a prosecution for theft it is a defense that the defendant acted under an honest claim of right, in that:

(a) The defendant was unaware that the property was that of another; or

(b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did.

(2) In a prosecution for theft by extortion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.

(3) In a prosecution for theft by receiving, it is a defense that the defendant received, retained, concealed or disposed of the property with the intent of restoring it to the owner.

(4) It is a defense that the property involved was that of the defendant's spouse, unless the parties were not living together as husband and wife and were living in separate abodes at the time of the alleged theft.

CREDIT(S)

Laws 1971, c. 743, § 132; Laws 2001, c. 104, § 53.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.040

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.040. Amended by Laws 1959, c. 236, § 4; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.043

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.043. Theft in the third degree

(1) A person commits the crime of theft in the third degree if:

(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and

(b) The total value of the property in a single or an aggregate transaction is less than $100.

(2) Theft in the third degree is a Class C misdemeanor.

CREDIT(S)

Laws 1987, c. 907, § 2; Laws 2009, c. 11, § 11, eff. Jan. 1, 2010; Laws 2009, c. 16, § 1, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.045

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.045. Theft in the second degree

(1) A person commits the crime of theft in the second degree if:

(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and

(b) The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000.

(2) Theft in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 124; Laws 1987, c. 907, § 3; Laws 1993, c. 680, § 19; Laws 2009, c. 11, § 12, eff. Jan. 1, 2010; Laws 2009, c. 16, § 2, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.050

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.050. Repealed by Laws 1965, c. 253, § 153

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.055

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.055. Theft in the first degree

(1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and:

(a) The total value of the property in a single or aggregate transaction is $1,000 or more;

(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;

(d) The subject of the theft is a firearm or explosive;

(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or

(f) The subject of the theft is a precursor substance.

(2) As used in this section:

(a) “Companion animal” means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.

(b) “Explosive” means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.110 (1), black powder, smokeless powder, small arms ammunition and small arms ammunition primers.

(d) “Livestock animal” means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.

(e) “Precursor substance” has the meaning given that term in ORS 475.940.

(3) Theft in the first degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 125; Laws 1973, c. 405, § 1; Laws 1983, c. 740, § 32; Laws 1987, c. 907, § 4; Laws 1991, c. 837, § 9; Laws 1993, c. 252, § 5; Laws 1993, c. 680, § 20; Laws 2005, c. 706, § 10, eff. Aug. 16, 2005; Laws 2009, c. 16, § 3, eff. Jan. 1, 2010; Laws 2009, c. 610, § 6, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.057

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.057. Aggravated theft in the first degree

(1) A person commits the crime of aggravated theft in the first degree, if:

(a) The person violates ORS 164.055 with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and

(b) The value of the property in a single or aggregate transaction is $10,000 or more.

(2) Aggravated theft in the first degree is a Class B felony.

CREDIT(S)

Laws 1987, c. 907, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.060

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.060. Repealed by Laws 1965, c. 253, § 153

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.061

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.061. Sentencing for aggravated theft in the first degree convictions

When a person is convicted of aggravated theft in the first degree under ORS 164.057, the court shall sentence the person to a term of incarceration ranging from 16 months to 45 months, depending on the person's criminal history, if:

(1) The victim of the theft was 65 years of age or older at the time of the commission of the offense; and

(2) The value of the property stolen from the victim described in subsection (1) of this section, in a single or aggregate transaction, is $10,000 or more.

CREDIT(S)

Added by Laws 2008, c. 14 (1st Sp. Sess.), § 4, eff. Jan. 1, 2009.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.063

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.063. Disproportionate impact

(1) As used in this section, “disproportionate impact” means that, in a case of theft in the first degree under ORS 164.055 or aggravated theft in the first degree under ORS 164.057:

(a) The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately before the theft is more than three times the value of the property that was the subject of the theft; or

(b) The theft of the property creates a hazard to public health or safety or the environment.

(2) The Oregon Criminal Justice Commission shall adopt rules that establish disproportionate impact as an aggravating factor that a court may consider as a substantial and compelling reason to impose an upward departure from a presumptive sentence under the rules of the commission.

CREDIT(S)

Added by Laws 2009, c. 811, § 7, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.065

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.065. Theft of lost, mislaid, or misdelivered property

A person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to the owner.

CREDIT(S)

Laws 1971, c. 743, § 126.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.070

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.070. Amended by Laws 1965, c. 253, § 131; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.075

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.075. Theft by extortion

(1) A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:

(a) Cause physical injury to some person;

(b) Cause damage to property;

(d) Accuse some person of a crime or cause criminal charges to be instituted against the person;

(e) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;

(f) Cause or continue a strike, boycott or other collective action injurious to some person's business, except that such conduct is not considered extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;

(g) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

(h) Use or abuse the position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

(i) Inflict any other harm that would not benefit the actor.

(2) Theft by extortion is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 127; Laws 1987, c. 158, § 27; Laws 2007, c. 71, § 48, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.080

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.080. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.085

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.085. Theft by deception

(1) A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:

(a) Creates or confirms another's false impression of law, value, intention or other state of mind that the actor does not believe to be true;

(b) Fails to correct a false impression that the person previously created or confirmed;

(d) Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or

(e) Promises performance that the person does not intend to perform or knows will not be performed.

(2) “Deception” does not include falsity as to matters having no pecuniary significance, or representations unlikely to deceive ordinary persons in the group addressed. For purposes of this subsection, the theft of a companion animal, as defined in ORS 164.055, or a captive wild animal is a matter having pecuniary significance.

(3) In a prosecution for theft by deception, the defendant's intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed.

(4) In a prosecution for theft by deception committed by means of a bad check, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

CREDIT(S)

Laws 1971, c. 743, § 128; Laws 1991, c. 837, § 10; Laws 2007, c. 71, § 49, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.090

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.090. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.095

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.095. Theft by receiving

(1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft.

(2) It is a defense to a charge of violating subsection (1) of this section if:

(a) The person is a scrap metal business as defined in ORS 165.116 or an agent or employee of a scrap metal business;

(b) The person receives or retains metal property as defined in ORS 165.116; and

(3) “Receiving” means acquiring possession, control or title, or lending on the security of the property.

CREDIT(S)

Laws 1971, c. 743, § 129; Laws 2009, c. 811, § 9, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.098

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.098. Organized retail theft

(1) A person commits the crime of organized retail theft if, acting in concert with another person:

(a) The person violates ORS 164.015 or aids or abets the other person to violate ORS 164.015;

(b) The subject of the theft is merchandise and the merchandise is taken from a mercantile establishment; and

(2) As used in this section:

(a) “Merchandise” has the meaning given that term in ORS 30.870.

(b) “Mercantile establishment” has the meaning given that term in ORS 30.870.

(3) Organized retail theft is a Class B felony.

CREDIT(S)

Added by Laws 2007, c. 498, § 2, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.100

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.100. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.105

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.105. Right of possession

Right of possession of property is as follows:

(1) A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of another person who takes, obtains or withholds the property from that person by means of theft.

(2) A joint or common owner of property shall not be deemed to have a right of possession of the property superior to that of any other joint or common owner of the property.

(3) In the absence of a specific agreement to the contrary, a person in lawful possession of property shall be deemed to have a right of possession superior to that of a person having only a security interest in the property, even if legal title to the property lies with the holder of the security interest pursuant to a conditional sale contract or other security agreement.

CREDIT(S)

Laws 1971, c. 743, § 130; Laws 1987, c. 158, § 28.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.110

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.110. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.115

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.115. Value of stolen property

For the purposes of chapter 743, Oregon Laws 1971, the value of property shall be ascertained as follows:

(1) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.

(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value, shall be evaluated as follows:

(a) The value of an instrument constituting an evidence of debt, including, but not limited to, a check, draft or promissory note, shall be considered the amount due or collectible thereon or thereby.

(b) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be considered the greatest amount of economic loss which the owner might reasonably suffer because of the loss of the instrument.

(3) The value of a gambling chip, token, imitation currency or similar device is its face value.

(4) The value of the wildlife listed in ORS 496.705 is the amount of damages as specified in ORS 496.705.

(5) When the value of property cannot reasonably be ascertained, it shall be presumed to be an amount less than $50 in a case of theft, and less than $500 in any other case.

(6) The value of single theft transactions may be added together if the thefts were committed:

(a) Against multiple victims by similar means within a 30-day period; or

(b) Against the same victim, or two or more persons who are joint owners, within a 180-day period.

CREDIT(S)

Laws 1971, c. 743, § 131; Laws 1987, c. 907, § 6; Laws 1993, c. 680, § 22;Laws 1997, c. 867, § 18; Laws 2011, c. 363, § 2, eff. Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.125

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.125. Theft of services

(1) A person commits the crime of theft of services if:

(a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or

(b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled.

(2) As used in this section, “services” includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. “Communication service” includes, but is not limited to, use of telephone, computer and cable television systems.

(3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor.

(4) The value of single theft transactions may be added together if the thefts were committed:

(a) Against multiple victims by a similar means within a 30-day period; or

(b) Against the same victim, or two or more persons who are joint owners, within a 180-day period.

(5) Theft of services is:

(a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is less than $100;

(b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $100 or more and less than $1,000;

(d) A Class B felony if the aggregate total value of services that are the subject of the theft is $10,000 or more.

CREDIT(S)

Laws 1971, c. 743, § 133; Laws 1973, c. 133, § 1; Laws 1985, c. 537, § 1; Laws 1987, c. 907, § 8; Laws 1993, c. 680, § 21; Laws 2009, c. 16, § 4, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.130

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.130. Theft of telephone or telegraph services; jurisdiction

(1) ORS 164.125 shall apply when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoided, or attempted to be avoided by one or more of the means set forth in ORS 164.125.

(2) Jurisdiction of an offense under ORS 164.125 is in the jurisdictional territory where the telephone or telegraph communication involved in the offense originates or where it terminates, or the jurisdictional territory to which the bill for the service is sent or would have been sent but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in ORS 164.125.

CREDIT(S)

Laws 1973, c. 133, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.132

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.132. Unlawful distribution of cable television equipment

(1) A person commits the crime of unlawful distribution of cable television equipment if the person knowingly manufactures, imports into this state, distributes, sells, offers for sale, rental or use, possesses for sale, rental or use, or advertises for sale, rental or use, any device designed to make available the unauthorized reception of cable television signals.

(2) Unlawful distribution of cable television equipment is a Class B misdemeanor.

CREDIT(S)

Laws 1985, c. 537, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.135

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.135. Unauthorized use of vehicle

(1) A person commits the crime of unauthorized use of a vehicle when:

(a) The person takes, operates, exercises control over, rides in or otherwise uses another's vehicle, boat or aircraft without consent of the owner;

(b) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person's own purpose in a manner constituting a gross deviation from the agreed purpose; or

(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.

(2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.

(3) Subsection (1)(a) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator's employment.

CREDIT(S)

Laws 1971, c. 743, § 134; Laws 2001, c. 851, § 1; Laws 2007, c. 71, § 50, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.138

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.138. Criminal possession of rented or leased motor vehicle

(1) A person commits the offense of criminal possession of a rented or leased motor vehicle if:

(a) After renting a motor vehicle from a commercial renter of motor vehicles under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, the person fails to return the motor vehicle as specified, is thereafter served in accordance with subsection (2) of this section with a written demand to return the motor vehicle and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand; or

(b) After leasing a motor vehicle from a commercial lessor of motor vehicles under a written agreement that provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served with a written demand to return the motor vehicle in accordance with subsection (2) of this section and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand.

(2)(a) Service of written demand under this section shall be accomplished by delivery through any commercial overnight service that can supply a delivery receipt. The demand shall be sent to the person who obtained the motor vehicle by rental or lease at the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the motor vehicle is returned.

(b) The person shall be considered to have refused the written demand if the commercial delivery service determines that the demand is not deliverable to the person at the address or addresses provided by the person.

(3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of a rented or leased motor vehicle.

(4) Criminal possession of a rented or leased motor vehicle is a Class C felony.

CREDIT(S)

Added by Laws 2007, c. 684, § 1, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.140

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.140. Criminal possession of rented or leased personal property

(1) A person is guilty of criminal possession of rented or leased personal property if:

(a) After renting an item of personal property from a commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a particular time, the person fails to return the item as specified, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand; or

(b) After leasing an item of personal property from a commercial lessor of personal property under a written agreement which provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand.

(2) Service of written demand under this section shall be accomplished by certified mail sent to the person who obtained the item of personal property by rental or lease, sent to the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the item of personal property is returned.

(3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of rented or leased personal property.

(4) For purposes of this section, the value of property shall be ascertained as provided in ORS 164.115. Criminal possession of rented or leased personal property is:

(a) A Class A misdemeanor if the aggregate total value of the personal property not returned is under $500.

(b) A Class C felony if the aggregate total value of the personal property not returned is $500 or more.

CREDIT(S)

Laws 1979, c. 476, § 3; Laws 1987, c. 907, § 9.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

Chapter 8. Offenses Involving Theft

Tags:

08 GA (3.2%)

Ga. Code Ann., § 16-8-1

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-1. Definitions

As used in this article, the term:

(1) “Deprive” means, without justification:

(A) To withhold property of another permanently or temporarily; or

(B) To dispose of the property so as to make it unlikely that the owner will recover it.

(2) “Financial institution” means a bank, insurance company, credit union, building and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

(3) “Property of another” includes property in which any person other than the accused has an interest but does not include property belonging to the spouse of an accused or to them jointly.

CREDIT(S)

Laws 1968, p. 1249, § 1.

Formerly Code 1933, § 26-1801.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-2

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-2. Theft by taking

A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.

CREDIT(S)

Laws 1833, Cobb's 1851 Digest, p. 791; Laws 1968, p. 1249, § 1; Laws 1974, p. 468, § 1; Laws 1975, p. 876, § 1; Laws 1978, p. 2257, § 1.

Formerly Code 1863, § 4290; Code 1868, § 4327; Code 1873, § 4393; Code 1882, § 4393; Penal Code 1895, § 155; Penal Code 1910, § 152; Code 1933, § 26-2602; Code 1933, § 26-1802.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-3

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-3. Theft by deception

(a) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.

(b) A person deceives if he intentionally:

(1) Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false;

(2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;

(3) Prevents another from acquiring information pertinent to the disposition of the property involved;

(4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or

(5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.

(c) “Deceitful means” and “artful practice” do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

CREDIT(S)

Laws 1968, p. 1249, § 1.

Formerly Code 1933, § 26-1803.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-4

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-4. Theft by conversion

(a) A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own.

(b) When, under subsection (a) of this Code section, an officer or employee of a government or of a financial institution fails to pay on an account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert the funds or property to his own use.

(c)(1) As used in this subsection, the term “personal property” means personal property having a replacement cost value greater than $ 100.00, excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture.

(2) Any person having any personal property in such person's possession or under such person's control by virtue of a lease or rental agreement who fails to return the personal property within five days, Saturdays, Sundays, and holidays excluded, after a letter demanding return of the personal property has been mailed to such person by certified or registered mail or statutory overnight delivery, return receipt requested, at such person's last known address by the owner of the personal property or by the owner's agent shall be presumed to have knowingly converted such personal property to such person's own use in violation of such lease or agreement.

(3) In the event that any personal property is not returned as provided for in the lease or rental agreement and the court orders the lessor or renter to pay replacement costs, replacement costs shall include but not be limited to:

(A) The market value of the personal property. The market value shall be established by the owner of the property by providing from a supplier of such or reasonably similar personal property a current quotation of the value of the personal property which is of like quality, make, and model of the personal property being replaced. The value to be awarded shall be the higher of:

(i) The value on the date when the conversion occurred; or

(ii) The value on the date of the trial;

(B) All rental charges from the date the rental agreement was executed until the date of the trial or the date that the property was recovered, if recovered; and

(C) Interest on the unpaid balance each month at the current legal rate from the date the court orders the lessor or renter to pay replacement costs until the date the judgment is satisfied in full.

(4) If as a part of the order of the court the lessor or renter is placed on probation, supervision of said probation shall not be terminated until all replacement costs, fees, charges, penalties, interest, and other charges are paid in full. All payments relative to this Code section shall be made to the appropriate court of jurisdiction and the court shall make distribution to the owner within 30 days of receipt thereof.

(5) In the event that the owner incurs any expenses in the process of locating a lessor or renter who did not return any personal property according to the lease or rental agreement, the court shall provide that the lessor or renter reimburse the owner for those expenses which may include, but not be limited to, credit reports, private detective fees, investigation fees, fees charged by a law enforcement agency for such services as police reports, background checks, fees involved with swearing out a warrant for incarceration, and any other bona fide expenses.

CREDIT(S)

Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 16; Laws 1988, p. 763, § 1; Laws 1994, p. 650, § 1; Laws 1997, p. 414, §§ 1, 2; Laws 2000, p. 1589, § 4.

Formerly Code 1933, § 26-1808.

VALIDITY

This section has been held unconstitutional, in part, in the case of Sherrod v. State, 2006, 280 Ga. 275, 627 S.E.2d 36.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-5

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-5. Theft of services

A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.

CREDIT(S)

Laws 1968, p. 1249, § 1.

Formerly Code 1933, § 26-1807.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-5.1

Effective: April 14, 2006

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-5.1. Avoiding payment due for rental or lease of personal property; intent; agreements to delay payment

The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly:

(1) Used false identification;

(2) Provided false information on a written contract;

(3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee;

(4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner;

(5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or

(6) Returned any property at a time beyond posted business hours of the owner.

No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.

CREDIT(S)

Laws 2005, Act 318, § 1, eff. July 1, 2005; Laws 2006, Act 453, § 16, eff. April 14, 2006.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-5.2

Effective: July 1, 2008

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-5.2. Retail property fencing; forfeiture of property

(a) As used in this Code section, the term:

(1) “Retail property” means any new article, product, commodity, item, or component intended to be sold in retail commerce.

(2) “Retail property fence” means a person or entity that buys, sells, transfers, or possesses with the intent to sell or transfer retail property that such person knows or should have known was stolen.

(3) “Value” means the retail value of the item as stated or advertised by the affected retail establishment, to include applicable taxes.

(b) A person commits the offense of retail property fencing when such persons receives, disposes of, or retains retail property which was unlawfully taken or shoplifted over a period not to exceed 180 days with the intent to:

(1) Transfer, sell, or distribute such retail property to a retail property fence; or

(2) Attempt or cause such retail property to be offered for sale, transfer, or distribution for money or other things of value.

(c) Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which is known or should be known to have been taken or stolen in violation of this subsection with the intent to distribute the proceeds, or to otherwise promote, manage, carry on, or facilitate an offense described in this subsection, shall have committed the offense of retail property fencing.

(d)(1) It shall not be necessary in any prosecution under this Code section for the state to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances.

(2) It shall not be a defense to violating this Code section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused as being obtained through the commission of a theft.

(e) Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this subsection, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49.

(f) Each violation of this Code section shall constitute a separate offense.

CREDIT(S)

Laws 2008, Act 581, § 1, eff. July 1, 2008.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-6

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-6. Theft of lost or mislaid property

A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner.

CREDIT(S)

Laws 1968, p. 1249, § 1.

Formerly Code 1933, § 26-1805.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-7

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-7. Theft by receiving stolen property

(a) A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property.

(b) In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief.

CREDIT(S)

Laws 1833, Cobb's 1851 Digest, pp. 807, 808; Laws 1961, p. 118, § 1; Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 4.

Formerly Code 1863, §§ 4382, 4383; Code 1868, §§ 4420, 4421; Code 1873, §§ 4488, 4489; Code 1882, §§ 4488, 4489; Penal Code 1895, §§ 171, 172; Penal Code 1910, §§ 168, 169; Code 1933, §§ 26-2620, 26-2621; Code 1933, § 26-1806.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-8

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-8. Theft by receiving property stolen in another State

A person commits the offense of theft by receiving property stolen in another state when he receives, disposes of, or retains stolen property which he knows or should know was stolen in another state, unless the property is received, disposed of, or retained with intent to restore it to the owner.

CREDIT(S)

Laws 1918, p. 272, § 1; Laws 1972, p. 841, § 2.

Formerly Code 1933, § 26-2623; Code 1933, § 26-1816.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-9

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-9. Theft by bringing stolen property into this State

A person commits the offense of theft by bringing stolen property into this state when he brings into this state any property which he knows or should know has been stolen in another state.

CREDIT(S)

Laws 1918, p. 272, § 2; Laws 1972, p. 841, § 1.

Formerly Code 1933, § 26-2622; Code 1933, § 26-1815.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-10

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-10. Claim of right

It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-7 that the person:

(1) Was unaware that the property or service was that of another;

(2) Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or

(3) Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented.

CREDIT(S)

Laws 1968, p. 1249, § 1.

Formerly Code 1933, § 26-1810.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-11

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-11. Venue

In a prosecution under Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. In addition, in any prosecution under Code Section 16-8-4 in which there is a written rental agreement for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement.

CREDIT(S)

Laws 1968, p. 1249, § 1; Laws 1972, p. 841, § 3; Laws 1994, p. 650, § 2.

Formerly Code 1933, § 26-1811.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-12

Effective: July 1, 2012

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-12. Punishment

(a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:

(1)(A) If the property which was the subject of the theft exceeded $24,999.99 in value, by imprisonment for not less than two nor more than 20 years;

(B) If the property which was the subject of the theft was at least $5,000.00 in value but was less than $25,000.00 in value, by imprisonment for not less than one nor more than ten years and, in the discretion of the trial judge, as for a misdemeanor;

(C) If the property which was the subject of the theft was at least $1,500.01 in value but was less than $5,000.00 in value, by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor; and

(D) If the defendant has two prior convictions for a violation of Code Sections 16-8-2 through 16-8-9, upon a third conviction or subsequent conviction, such defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor;

(2) If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both;

(3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both;

(4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act;

(5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years.

(B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7;

(6)(A) As used in this paragraph, the term:

(i) “Destructive device” means a destructive device as such term is defined by Code Section 16-7-80.

(ii) “Explosive” means an explosive as such term is defined by Code Section 16-7-80.

(iii) “Firearm” means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive.

(B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years;

(7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $1,000.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $1,000.00;

(8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including, without limitation, any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, and, if applicable, the revocation of the defendant's commercial driver's license in accordance with Code Section 40-5-151, or any combination of such penalties. For purposes of this paragraph, the term “vehicle” includes, without limitation, any railcar; or

(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was regulated metal property, as such term is defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both.

(b) Except as otherwise provided in paragraph (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years.

(c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $1,000.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case.

CREDIT(S)

Laws 1968, p. 1249, § 1; Laws 1972, p. 841, § 4; Laws 1978, p. 1457, § 1; Laws 1981, p. 1552, § 1; Laws 1981, p. 1576, § 1; Laws 1982, p. 1371, § 2; Laws 1984, p. 900, § 3; Laws 1986, p. 1228, § 1; Laws 1992, p. 6, § 16; Laws 1994, p. 359, § 1; Laws 1996, p. 231, § 4; Laws 1996, p. 416, § 4; Laws 1997, p. 1507, § 4; Laws 1998, p. 643, § 5; Laws 2000, p. 1085, § 3; Laws 2001, p. 1153, § 2; Laws 2003, Act 29, § 1, eff. May 15, 2003; Laws 2004, Act 793, § 2, eff. July 1, 2004; Laws 2006, Act 545, § 1, eff. July 1, 2006; Laws 2007, Act 345, § 4, eff. July 1, 2007; Laws 2009, Act 150, § 4, eff. July 1, 2009; Laws 2012, Act 590, § 1-2, eff. July 1, 2012; Laws 2012, Act 709, § 3-2, eff. July 1, 2012.

Formerly Code 1933, § 26-1812.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-13

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-13. Theft of a trade secret

(a) As used in this Code section, the term:

(1) “Article” means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.

(2) “Copy” means any facsimile, replica, photograph, or other reproduction of an article and any note, drawing, or sketch made of or from an article.

(3) “Representing” means describing, depicting, containing, constituting, reflecting, or recording.

(4) “Trade secret” means information, without regard to form, including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information:

(A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

(b) Any person who, with the intent to deprive or withhold from the owner thereof the exclusive use of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, does any of the following:

(1) Takes, uses, or discloses such trade secret to an unauthorized person;

(2) Acquires knowledge of such trade secret by deceitful means or artful practice; or

(3) Without authority, makes or causes to be made a copy of an article representing such trade secret

commits the offense of theft of a trade secret and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years and by a fine of not more than $50,000.00, provided that, if the value of such trade secret, and any article representing such trade secret that is taken, is not more than $100.00 such person shall be punished as for a misdemeanor.

(c) In a prosecution for any violation of this Code section, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

(d) For the purposes of this Code section, a continuing theft by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who committed the theft.

(e) This Code section shall not affect:

(1) Contractual duties or remedies, whether or not based on theft of a trade secret; or

(2) The provisions of Code Sections 10-1-761 through 10-1-767, pertaining to civil offenses and remedies involving the misappropriation of a trade secret, or other civil or criminal laws that presently apply or in the future may apply to any transaction or course of conduct that violates this Code section.

CREDIT(S)

Laws 1965, p. 647, §§ 1, 2; Laws 1966, p. 425, §§ 1, 2, 5; Laws 1968, p. 1249, § 1; Laws 1992, p. 6, § 16; Laws 1995, p. 1051, § 1.

Formerly Code 1933, § 26-1809.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-14

Effective: July 1, 2012

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-14. Theft by shoplifting

(a) A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:

(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;

(2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;

(3) Transfers the goods or merchandise of any store or retail establishment from one container to another;

(4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or

(5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.

(b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $500.00 or less in value shall be punished as for a misdemeanor; provided, however, that:

(A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $500.00, and the fine shall not be suspended or probated;

(B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a “special alternative incarceration-probation boot camp,” probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and

(C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.

(2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(4) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken during a period of 180 days and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(c) In all cases involving theft by shoplifting, the term “value” means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property.

(d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors.

CREDIT(S)

Laws 1957, p. 115, §§ 1, 3; Laws 1978, p. 2257, § 2; Laws 1983, p. 457, § 1; Laws 1997, p. 1394, § 1; Laws 1998, p. 578, § 1; Laws 2000, p. 870, § 1; Laws 2012, Act 709, § 3-3, eff. July 1, 2012.

Formerly Code 1933, § 26-1802.1.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-15

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-15. Theft by conversion of payments for property improvements

(a) Any architect, landscape architect, engineer, contractor, subcontractor, or other person who with intent to defraud shall use the proceeds of any payment made to him on account of improving certain real property for any other purpose than to pay for labor or service performed on or materials furnished by his order for this specific improvement while any amount for which he may be or become liable for such labor, services, or materials remains unpaid commits a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or upon the recommendation of the jury or in the discretion of the trial judge, punished for a misdemeanor, provided that, in addition to the above sanctions, where a corporation's agent acts within the scope of his office or employment and on behalf of the corporation and with intent to defraud uses such proceeds for purposes other than for property improvements or where a corporation's board of directors or managerial official, the latter acting within the scope of his employment and on behalf of the corporation recklessly tolerates or, with intent to defraud, authorizes, requests, or commands the use of such proceeds for purposes other than for property improvements, the corporation commits a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00.

(b) A failure to pay for material or labor furnished for such property improvements shall be prima-facie evidence of intent to defraud.

CREDIT(S)

Laws 1941, p. 480, § 1; Laws 1976, p. 1456, § 1; Laws 1982, p. 3, § 16.

Formerly Code 1933, § 26-1808.1.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-16

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-16. Theft by extortion

(a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to:

(1) Inflict bodily injury on anyone or commit any other criminal offense;

(2) Accuse anyone of a criminal offense;

(3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute;

(4) Take or withhold action as a public official or cause an official to take or withhold action;

(5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.

(b) In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained.

(c) It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services.

(d) A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.

CREDIT(S)

Laws 1968, p. 1249, § 1; Laws 1992, p. 6, § 16.

Formerly Code 1933, § 26-1804.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-17

Effective: July 1, 2012

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-17. Theft resulting from unlawful use of retail sales receipts or Universal Product Code labels

(a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine or both.

(2) A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(b) A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years.

CREDIT(S)

Laws 2000, p. 870, § 2; Laws 2001, p. 4, § 16; Laws 2012, Act 709, § 3-4, eff. July 1, 2012.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-18

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-18. Entering automobile

If any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.

CREDIT(S)

Laws 1933, p. 111, § 1; Laws 1976, p. 186, § 1.

Formerly Code 1933, § 26-2637; Code 1933, § 26-1813.1.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-19

Effective:[See Text Amendments]

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-19. Repealed by Laws 1988, p. 763, § 2, eff. July 1, 1988

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-20

Effective: May 12, 2008

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-20. Livestock theft

(a) A person commits the offense of livestock theft when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any livestock of another with the intention of depriving the owner of such livestock.

(b) For the purposes of this Code section, the term “livestock” means horses, cattle, swine, sheep, goats, rabbits, and any domestic animal produced as food for human consumption.

(c) Any person committing the offense of livestock theft commits a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years and by a fine of $1,000.00; provided, however, that, if the fair market value of the livestock taken or appropriated is $100.00 or less, the person shall be guilty of a misdemeanor.

(d) For the purposes of this Code section, if any livestock is killed or mutilated and a portion thereof taken, the value of the whole animal while alive or his entire carcass, whichever is greater, shall be considered for the purpose of distinguishing between a misdemeanor offense and a felony offense.

CREDIT(S)

Laws 1974, p. 1006, § 1; Laws 1995, p. 244, § 10; Laws 2008, Act 534, § 7, eff. May 12, 2008.

Formerly Code 1933, § 26-1817.

Current through the 2012 Regular Session

Ga. Code Ann., § 16-8-21

Effective: April 16, 2012

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 8. Offenses Involving Theft (Refs & Annos)

Article 1. Theft (Refs & Annos)

§ 16-8-21. Removal, larceny, or abandonment of shopping carts; penalties

(a) As used in this Code section, the term “shopping cart” means those pushcarts of the type which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store.

(b) It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his or her agent, servant, or employee. For the purpose of this Code section, the premises shall include all the parking area set aside by the owner or on behalf of the owner for the parking of cars for the convenience of the patrons of the owner.

(c) It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way, or parking lot other than a parking lot on the premises of the owner.

(d) Any person who violates this Code section shall be guilty of a misdemeanor.

CREDIT(S)

Laws 1975, p. 848, § 1; Laws 2012, Act 595, § 1, eff. April 16, 2012.

Current through the 2012 Regular Session

Tag Index

Updated:

6/20/2013 1:52 PM

Tags:

01 CA (12.1%), 02 TX (8.3%), 03 NY (6.2%), 04 FL (6.2%), 05 IL (4.1%), 06 PA (4.1%), 07 OH (3.7%), 08 GA (3.2%), 09 MI (3.2%), 10 NC (3.1%), 11 NJ (2.8%), 12 VA (2.6%), 13 WA (2.2%), 14 MA (2.1%), 15 AZ (2.1%), 16 IN (2.1%), 17 TN (2.1%), 18 MO (1.9%), 19 MD (1.9%), 20 WI (1.8%), 21 MN (1.7%), 22 CO (1.6%), 23 AL (1.5%), 24 SC (1.5%), 25 LA (1.5%), 26 KY (1.4%), 27 OR (1.2%), 28 OK (1.2%), 29 CT (1.1%), 30 IA (1.0%), 31 MS (1.0%), 32 AR (0.9%), 33 KS (0.9%), 34 UT (0.9.%), 35 NV (0.9%), 36 NM (0.7%), 37 NE (0.6%), 38 WV (0.6%), 39 ID (0.5%), 40 HI (0.4%), 41 ME (0.4%), 42 NH (0.4%), 43 RI (0.3%), 44 MT (0.3%), 45 DE (0.3%), 46 SD (0.3%), 47 AK (0.2%), 48 ND (0.2%), 49 DC (0.2%), 50 VT (0.2%), 51 WY (0.2%), Federal, Model Penal Code, National Commission

Chapter 943. Crimes Against Property

Tags:

20 WI (1.8%)

W.S.A. 943.45

Effective: June 9, 2011

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.45. Theft of telecommunications service

(1) No person may intentionally obtain or attempt to obtain telecommunications service, as defined in s. 182.017(1g)(cq), by any of the following means:

(a) Charging such service to an existing telephone number or credit card number without the consent of the subscriber thereto or the legitimate holder thereof.

(b) Charging such service to a false, fictitious, suspended, terminated, expired, canceled or revoked telephone number or credit card number.

(d) Using a code, prearranged scheme, or other stratagem or device whereby said person in effect sends or receives information.

(e) Using any other contrivance, device or means to avoid payment of the lawful charges, in whole or in part, for such service.

(2) This section shall apply when the said telecommunications service either originates or terminates, or both, in this state, or when the charges for said telecommunications service would have been billable, in normal course, by a person providing telecommunications service in this state, but for the fact that said service was obtained, or attempted to be obtained, by one or more of the means set forth in sub. (1).

(3) The following penalties apply to violations of this section:

(a) Except as provided in pars. (b) to (d), any person who violates sub. (1) is subject to a Class C forfeiture.

(b) Except as provided in pars. (c) and (d), any person who violates sub. (1) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.

(c) Except as provided in par. (d), any person who violates sub. (1) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.

(d) Any person who violates sub. (1) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.455

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.455. Theft of commercial mobile service

(1) Definitions. In this section:

(a) “ Commercial mobile service” means commercial mobile service, as defined in s. 196.01 (2i), that is provided by a company for payment.

(b) “Company” means a commercial mobile radio service provider, as defined in s. 196.01 (2g).

(2) Prohibitions. No person may intentionally do any of the following:

(a) Obtain or attempt to obtain commercial mobile service from a company by trick, artifice, deception, use of an illegal device or other fraudulent means with the intent to deprive that company of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the company, the major purpose of which is to permit reception of commercial mobile services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.

(b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any commercial mobile service without payment of all lawful compensation to the company providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given for a legitimate purpose.

(c) Maintain an ability to connect, whether physical, electronic, by radio wave or by other means, with any facilities, components or other devices used for the transmission of commercial mobile services for the purpose of obtaining commercial mobile service without payment of all lawful compensation to the company providing that service. The intent required for a violation of this paragraph may be inferred from proof that the commercial mobile service to the defendant was authorized under a service agreement with the defendant and has been terminated by the company and that thereafter there exists in fact an ability to connect to the company's commercial mobile service system.

(d) Make or maintain any modification or alteration to any device installed with the authorization of a company for the purpose of obtaining any service offered by that company which that person is not authorized by that company to obtain. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the company places written warning labels on its telecommunications devices explaining that tampering with the device is a violation of law and the device is found to have been tampered with, altered or modified so as to allow the reception of services offered by the company without authority to do so.

(e) Possess without authority any device designed to receive from a company any services offered for sale by that company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, or designed to perform or facilitate the performance of any of the acts under pars. (a) to (d) with the intent that that device be used to receive that company's services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.

(f) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device or any plan or kit for a device designed to receive commercial mobile services offered for sale by a company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, plan or kit be used for obtaining a company's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, plan or kit for a device in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain commercial mobile service without charge.

(4) Penalties. The following penalties apply for violations of this section:

(a) Except as provided in pars. (b) to (d), any person who violates sub. (2)(a) to (f) is subject to a Class C forfeiture.

(b) Except as provided in pars. (c) and (d), any person who violates sub. (2)(a) to (f) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.

(c) Except as provided in par. (d), any person who violates sub. (2)(a) to (f) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.

(d) Any person who violates sub. (2)(a) to (f) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.

(5) Exception. This section does not affect the use by a person of commercial mobile services if the services have been paid for.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.46

Effective: January 9, 2008

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.46. Theft of video service

(1) Definitions. In this section:

(b) “Private financial gain” does not include the gain resulting to any individual from the private use in that individual's dwelling unit of any programming for which the individual has not obtained authorization.

(c) “Video service” has the meaning given in s. 66.0420(2)(y), except that “video service” does not include signals received by privately owned antennas that are not connected to a video service network whether or not the same signals are provided by a video service provider.

(d) “Video service network” has the meaning given in s. 66.0420(2)(zb).

(e) “Video service provider” has the meaning given in s. 66.0420(2)(zg), and also includes an interim cable operator, as defined in s. 66.0420(2)(n).

(2) Prohibitions. No person may intentionally do any of the following:

(a) Obtain or attempt to obtain video service from a provider by trick, artifice, deception, use of an illegal device or illegal decoder or other fraudulent means with the intent to deprive that provider of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the video service provider, the major purpose of which is to permit reception of video services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.

(b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any video service without payment of all lawful compensation to the provider providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given or the installation of the connection, descrambler or receiving device was for a legitimate use.

(c) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of video services for the purpose of distributing video service to any other dwelling unit without authority from a video service provider.

(d) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of video services for the purpose of obtaining video service without payment of all lawful compensation to the provider providing that service. The intent required for a violation of this paragraph may be inferred from proof that the video service to the defendant's residence or business was connected under a service agreement with the defendant and has been disconnected by the video service provider and that thereafter there exists in fact a connection to the video service network at the defendant's residence or business.

(e) Make or maintain any modification or alteration to any device installed with the authorization of a video service provider for the purpose of intercepting or receiving any program or other service carried by that provider which that person is not authorized by that provider to receive. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the video service provider places written warning labels on its converters or decoders explaining that tampering with the device is a violation of law and the converter or decoder is found to have been tampered with, altered or modified so as to allow the reception or interception of programming carried by the video service provider without authority to do so. The trier of fact may also infer that a converter or decoder has been altered or modified from proof that the video service provider, as a matter of standard procedure, seals the converters or decoders with a label or mechanical device, that the seal was shown to the customer upon delivery of the decoder and that the seal has been removed or broken. The inferences under this paragraph are rebutted if the video service provider cannot demonstrate that the intact seal was shown to the customer.

(f) Possess without authority any device or printed circuit board designed to receive from a video service network any video programming or services offered for sale over that video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, or perform or facilitate the performance of any of the acts under pars. (a) to (e) with the intent that that device or printed circuit be used to receive that video service provider's services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.

(g) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device, printed circuit board or any plan or kit for a device or for a printed circuit designed to receive the video programming or services offered for sale over a video service network from a video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, printed circuit, plan or kit be used for the reception of that provider's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, printed circuit board, plan or kit for a device or for a printed circuit board in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain video service without charge.

(4) Penalties. The following penalties apply for violations of this section:

(a) Except as provided in pars. (b) to (d), any person who violates sub. (2)(a) to (f) is subject to a Class C forfeiture.

(b) Except as provided in pars. (c) and (d), any person who violates sub. (2)(a) to (f) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.

(c) Except as provided in par. (d), any person who violates sub. (2)(a) to (g) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.

(d) Any person who violates sub. (2)(a) to (g) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.

(5) Exception. This section does not affect the use by a person of video services if the services have been paid for and the use is exclusive to the person's dwelling unit. This subsection does not prohibit a board or council of any city, village or town from specifying the number and manner of installation of outlets used by any such person for video services and does not prohibit a video service provider, in any written contract with a subscriber, from requiring the provider's approval for any increase in the number of those outlets used.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.47

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.47. Theft of satellite cable programming

(1) Definitions. In this section:

(a) “Encrypt”, when used with respect to satellite cable programming, means to transmit that programming in a form whereby the aural or visual characteristics or both are altered to prevent the unauthorized reception of that programming by persons without authorized equipment which is designed to eliminate the effects of that alteration.

(b) “Satellite cable programming” means encrypted video programming which is transmitted via satellite for direct reception by satellite dish owners for a fee.

(2) Prohibitions. No person may decode encrypted satellite cable programming without authority.

(3) Criminal penalties. The following penalties apply for violations of this section:

(a) Except as provided in pars. (b) to (d), any person who intentionally violates sub. (2) is subject to a Class C forfeiture.

(b) Except as provided in pars. (c) and (d), any person who violates sub. (2) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.

(c) Except as provided in par. (d), any person who violates sub. (2) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.

(d) Any person who violates sub. (2) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.

(5) Exception. This section does not affect the use by a person of satellite cable programming if the programming has been paid for and the use is exclusive to the person's dwelling unit.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.48

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.48. Telecommunications; civil liability

(1) Any person who incurs injury as a result of a violation of s. 943.45(1), 943.455(2), 943.46(2) or 943.47(2) may bring a civil action against the person who committed the violation.

(1m) Except as provided in sub. (2), if the person who incurs the loss prevails, the court shall grant the prevailing party actual damages, costs and disbursements.

(2) If the person who incurs the loss prevails against a person who committed the violation willfully and for the purpose of commercial advantage or prevails against a person who has committed more than one violation of s. 943.45(1), 943.455(2), 943.46(2) or 943.47(2), the court shall grant the prevailing party all of the following:

(a) Except as provided in subs. (2g) and (2r), not more than $10,000.

(b) Actual damages.

(c) Any profits of the violator that are attributable to the violation and that are not taken into account in determining the amount of actual damages under par. (b).

(d) Notwithstanding the limitations under s. 799.25 or 814.04, costs, disbursements and reasonable attorney fees.

(2g) If the court finds that the violation was committed willfully and for the purpose of commercial advantage, the court may increase the amount granted under sub. (2)(a) to an amount not to exceed $50,000.

(2r) If the court finds that the violator had no reason to believe that the violator's action constituted a violation of this section, the court may reduce the amount granted under sub. (2)(a).

(3) If damages under sub. (2)(c) are requested, the party who incurred the injury shall have the burden of proving the violator's gross revenue and the violator shall have the burden of proving the violator's deductible expenses and the elements of profit attributable to factors other than the violation.

(4) In addition to other remedies available under this section, the court may grant the injured party a temporary or permanent injunction.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.49

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.49. Unlawful use of recording device in motion picture theater

(1) Definitions. In this section:

(a) “Motion picture theater” means a site used for the exhibition of a motion picture to the public.

(b) “Recording” has the meaning given in s. 943.206(5).

(c) “Recording device” means a camera, an audio or video recorder or any other device that may be used to record or transfer sounds or images.

(d) “Theater owner” means an owner or operator of a motion picture theater.

(2) Use of recording device in movie theater. (a) No person may operate a recording device in a motion picture theater without written consent from the theater owner or a person authorized by the theater owner to provide written consent.

(b)1. Except as provided in subd. 2., a person who violates par. (a) is guilty of a Class A misdemeanor.

2. A person who violates par. (a) is guilty of a Class I felony if the violation occurs after the person has been convicted under this subsection.

(4) Detention of person committing violation. A theater owner, a theater owner's adult employee or a theater owner's security agent who has reasonable cause to believe that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The theater owner, the theater owner's adult employee or the theater owner's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any theater owner, theater owner's adult employee or theater owner's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.50

Effective: April 17, 2012

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.50. Retail theft; theft of services

(1) In this section:

(ad) “Merchandise” includes a service provided by a service provider.

(ag) “Merchant” includes any “merchant” as defined in s. 402.104(3) or any innkeeper, motelkeeper or hotelkeeper.

(am) “Service provider” means a merchant who provides a service to retail customers without a written contract with the expectation that the service will be paid for by the customer upon completion of the service.

(ar) “Theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant.

(as) “Theft detection device remover” means any tool or device used, designed for use or primarily intended for use in removing a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(at) “Theft detection shielding device” means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.

(b) “Value of merchandise” means:

1. For property of the merchant, the value of the property; or

2. For merchandise held for resale, the merchant's stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price.

3. For a service provided by a service provider, the price that the service provider stated for the service before the service was provided.

(1m) A person may be penalized as provided in sub. (4) if he or she does any of the following without the merchant's consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property:

(a) Intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant.

(b) Intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant.

(d) Intentionally conceals merchandise held for resale by a merchant or property of a merchant.

(e) Intentionally retains possession of merchandise held for resale by a merchant or property of a merchant.

(f) While anywhere in the merchant's store, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(g) Uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor.

(h) Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(1r) Any person may be penalized as provided in sub. (4) if, having obtained a service from a service provider, he or she, without the service provider's consent and with intent to deprive the service provider permanently of the full price of the service, absconds and intentionally fails or refuses to pay for the service.

(3) A merchant or service provider, a merchant's or service provider's adult employee or a merchant's or service provider's security agent who has reasonable cause for believing that a person has violated this section in his or her presence may detain, within or at the merchant's or service provider's place of business where the suspected violation took place, the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant or service provider, merchant's or service provider's adult employee or merchant's or service provider's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant or service provider, merchant's or service provider's adult employee or merchant's or service provider's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

(3m)(a) In any action or proceeding for violation of this section, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise.

(am) For the purpose of sub. (4m), evidence that a person sold by means of the Internet merchandise that is similar to the merchandise that is the subject of a violation under sub. (1m)(a), (b), (c), (d), (e), or (f), within 90 days before the violation, is prima facie evidence of the person's intent to sell the merchandise by means of the Internet.

(b) A merchant or merchant's adult employee is privileged to defend property as prescribed in s. 939.49.

(4) Whoever violates this section is guilty of:

(a) Except as provided in sub. (4m), a Class A misdemeanor, if the value of the merchandise does not exceed $500.

(bf) A Class I felony, if the value of the merchandise exceeds $500 but does not exceed $5,000.

(bm) A Class H felony, if the value of the merchandise exceeds $5,000 but does not exceed $10,000.

(4m) Whoever violates sub. (1m)(a), (b), (c), (d), (e), or (f) is guilty of a Class I felony if all of the following apply:

(a) The value of the merchandise does not exceed $500.

(b) The person agrees or combines with another to commit the violation.

(5)(a) In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution under s. 973.20.

(b) In actions concerning violations of ordinances in conformity with this section, a judge may order a violator to make restitution under s. 800.093.

(c) If the court orders restitution under pars. (a) and (b), any amount of restitution paid to the victim under one of those paragraphs reduces the amount the violator must pay in restitution to that victim under the other paragraph.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.51

Effective: December 21, 2011

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.51. Retail theft; civil liability

(1) Any person who incurs injury to his or her business or property as a result of a violation of s. 943.50 may bring a civil action against any individual who caused the loss for all of the following:

(a) The retail value of the merchandise unless it is returned undamaged and unused. A person may recover under this paragraph only if he or she exercises due diligence in demanding the return of the merchandise immediately after he or she discovers the loss and the identity of the person who has the merchandise.

(am) The retail value of the service provided by a service provider, as defined in s. 943.50(1)(am). A person may recover under this paragraph only if he or she exercises due diligence in demanding payment for the service.

(b) Any actual damages not covered under par. (a).

(2) In addition to sub. (1), if the person who incurs the loss prevails, the judgment in the action may grant any of the following:

(a)1. Except as provided in subd. 1m, exemplary damages of not more than 3 times the amount under sub. (1).

1m. If the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor, the exemplary damages may not exceed 2 times the amount under sub. (1).

2. No additional proof is required for an award of exemplary damages under this paragraph.

(b) Notwithstanding the limitations of s. 799.25 or 814.04, all actual costs of the action, including reasonable attorney fees.

(3) Notwithstanding sub. (2) and except as provided in sub. (3m), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

(3m) Notwithstanding sub. (2), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $300 for each violation if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor.

(3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20or as recompense under s. 969.13(5)(a) for the same act.

(4) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under s. 943.50. A conviction under s. 943.50 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.

(5) A person is not criminally liable under s. 943.30 for any civil action brought in good faith under this section.

(6) Nothing in this section precludes a plaintiff from bringing the action under ch. 799 if the amount claimed is within the jurisdictional limits of s. 799.01(1)(d).

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.55

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.55. Removal of shopping cart

Whoever intentionally removes a shopping cart or stroller from either the shopping area or a parking area adjacent to the shopping area to another place without authorization of the owner or person in charge and with the intent to deprive the owner permanently of possession of such property shall forfeit an amount not to exceed $500 for each shopping cart or stroller so removed.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.60

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.60. Criminal slander of title

(1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous, is guilty of a Class H felony.

(2) This section applies to any person who causes another person to act in the manner specified in sub. (1).

(3) This section does not apply to a register of deeds or other government employee who acts in the course of his or her official duties and files, enters or records any instrument relating to title on behalf of another person.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.61

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.61. Theft of library material

(1) In this section:

(a) “Archives” means a place in which public or institutional records are systematically preserved.

(b) “Library” means any public library; library of an educational, historical or eleemosynary institution, organization or society; archives; or museum.

(c) “Library material” includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of a library.

(2) Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be penalized as provided in sub. (5).

(3) The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library's procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.

(4) An official or adult employee or agent of a library who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to the person's parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose for the detention and be permitted to make phone calls, but shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the official, agent or employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.

(5) Whoever violates this section is guilty of:

(a) A Class A misdemeanor, if the value of the library materials does not exceed $2,500.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.62

Effective: January 1, 2010

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.62. Unlawful receipt of payments to obtain loan for another

(1) In this section, “escrow agent” means a state or federally chartered bank, savings bank, savings and loan association or credit union located in this state.

(2) Except as provided in sub. (2m), no person may receive a payment from a customer as an advance fee, salary, deposit or money for the purpose of obtaining a loan or a lease of personal property for the customer unless the payment is immediately placed in escrow subject to the condition that the escrow agent shall deliver the payment to the person only upon satisfactory proof of the closing of the loan or execution of the lease within a period of time agreed upon in writing between the person and the customer; otherwise the payment shall be returned to the customer immediately upon expiration of the time period.

(2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, mortgage loan originator, or mortgage broker licensed under s. 224.72or 224.725.

(3)(a) Advance payments to cover reasonably estimated costs are excluded from the requirements of sub. (2) if the customer first signs a written agreement which recites in capital and lowercase letters of not less than 12-point boldface type all of the following:

1. The estimated costs by item.

2. The estimated total costs.

3. Money advanced for incurred costs will not be refunded.

(b) If a cost under par. (a) is not incurred, the person shall refund that amount to the customer.

(4) Whoever violates this section is guilty of:

(a) A Class A misdemeanor, if the value of the advance payment or required refund, as applicable, does not exceed $2,500.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.70

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.70. Computer crimes

(1) Definitions. In this section:

(ag) “Access” means to instruct, communicate with, interact with, intercept, store data in, retrieve data from, or otherwise use the resources of.

(am) “Computer” means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, computer software and communication facilities that are connected or related to a computer in a computer system or computer network.

(b) “Computer network” means the interconnection of communication lines with a computer through remote terminals or a complex consisting of 2 or more interconnected computers.

(c) “Computer program” means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.

(d) “Computer software” means a set of computer programs, procedures or associated documentation used in the operation of a computer system.

(dm) “Computer supplies” means punchcards, paper tape, magnetic tape, disk packs, diskettes and computer output, including paper and microform.

(e) “Computer system” means a set of related computer equipment, hardware or software.

(f) “Data” means a representation of information, knowledge, facts, concepts or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed or is intended to be processed in a computer system or computer network. Data may be in any form including computer printouts, magnetic storage media, punched cards and as stored in the memory of the computer. Data are property.

(g) “Financial instrument” includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or credit card, transaction authorization mechanism, marketable security and any computer representation of them.

(gm) “Interruption in service” means inability to access a computer, computer program, computer system, or computer network, or an inability to complete a transaction involving a computer.

(h) “Property” means anything of value, including but not limited to financial instruments, information, electronically produced data, computer software and computer programs.

(i) “Supporting documentation” means all documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data.

(2) Offenses against computer data and programs. (a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in pars. (b) and (c):

1. Modifies data, computer programs or supporting documentation.

2. Destroys data, computer programs or supporting documentation.

3. Accesses computer programs or supporting documentation.

4. Takes possession of data, computer programs or supporting documentation.

5. Copies data, computer programs or supporting documentation.

6. Discloses restricted access codes or other restricted access information to unauthorized persons.

(am) Whoever intentionally causes an interruption in service by submitting a message, or multiple messages, to a computer, computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network may be penalized as provided in pars. (b) and (c).

(b) Whoever violates par. (a) or (am) is guilty of:

1. A Class A misdemeanor unless any of subds. 2. to 4. applies.

2. A Class I felony if the offense is committed to defraud or to obtain property.

3g. A Class F felony if the offense results in damage valued at more than $2,500.

3r. A Class F felony if the offense causes an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service.

4. A Class F felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.

(c) If a person disguises the identity or location of the computer at which he or she is working while committing an offense under par. (a) or (am) with the intent to make it less likely that he or she will be identified with the crime, the penalties under par. (b) may be increased as follows:

1. In the case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000 and the maximum term of imprisonment prescribed by law for the crime may be increased so that the revised maximum term of imprisonment is one year in the county jail.

2. In the case of a felony, the maximum fine prescribed by law for the crime may be increased by not more than $2,500 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 2 years.

(3) Offenses against computers, computer equipment or supplies. (a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in par. (b):

1. Modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network.

2. Destroys, uses, takes or damages a computer, computer system, computer network or equipment or supplies used or intended to be used in a computer, computer system or computer network.

(b) Whoever violates this subsection is guilty of:

1. A Class A misdemeanor unless subd. 2., 3. or 4. applies.

2. A Class I felony if the offense is committed to defraud or obtain property.

3. A Class H felony if the damage to the computer, computer system, computer network, equipment or supplies is greater than $2,500.

4. A Class F felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.

(4) Computer use restriction. In addition to the other penalties provided for violation of this section, a judge may place restrictions on the offender's use of computers. The duration of any such restrictions may not exceed the maximum period for which the offender could have been imprisoned; except if the offense is punishable by forfeiture, the duration of the restrictions may not exceed 90 days.

(5) Injunctive relief. Any aggrieved party may sue for injunctive relief under ch. 813 to compel compliance with this section. In addition, owners, lessors, users or manufacturers of computers, or associations or organizations representing any of those persons, may sue for injunctive relief to prevent or stop the disclosure of information which may enable another person to gain unauthorized access to data, computer programs or supporting documentation.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.74

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.74. Theft of farm-raised fish

(1) In this section:

(a) “Farm-raised fish” means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked, or planted into waters outside a fish farm and that has not escaped from a fish farm.

(b) “Fish farm” means a facility at which a person, including this state or a local governmental unit, hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, or use as bait or fertilizer or for sale to another person to rear for one of those purposes.

(c) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

(2) No person may intentionally take and carry away, transfer, conceal, or retain possession of farm-raised fish of another without the other's consent and with intent to deprive the owner permanently of possession of the farm-raised fish.

(3)(a) Except as provided in par. (b), whoever violates sub. (2) is guilty of a Class A misdemeanor.

(b) Whoever violates sub. (2) after having been convicted of a violation of sub. (2) is guilty of a Class D felony.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

Chapter 35. General Provisions--Reserved

Tags:

32 AR (0.9%)

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 35. General Provisions--Reserved

Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.

A.C.A. T. 5, Subt. 4, Ch. 36, Subch. 1, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions

A.C.A. § 5-36-101

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-101. Definitions

As used in this chapter:

(1) “Article” means any object, material, device, or substance or copy of an object, material, device, or substance, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map;

(2) “Copy” means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article;

(3)(A) “Deception” means:

(i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true;

(ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction;

(iii) Failing to correct a false impression that the actor knows to be false and that he or she created or reinforced or that he or she knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship;

(iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained, or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or

(v) Employing any other scheme to defraud;

(B) As to a person's intention to perform a promise, “deception” shall not be inferred solely from the fact that the person did not subsequently perform the promise.

(i) Falsity as to a matter having no pecuniary significance; or

(ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(4) “Deprive” means to:

(A) Withhold property or to cause it to be withheld either permanently or under circumstances such that a major portion of its economic value, use, or benefit is appropriated to the actor or lost to the owner;

(B) Withhold property or to cause it to be withheld with the purpose to restore it only upon the payment of a reward or other compensation; or

(5) “Motor fuel” means:

(A) Gasoline, diesel fuel, or alcohol;

(B) Any mixture of gasoline, diesel fuel, or alcohol; or

(6) “Obtain” means:

(A) In relation to property, to bring about a transfer or purported transfer of property or of an interest in the property, whether to the actor or another person; or

(B) In relation to a service, to secure performance of the service;

(7) “Property” means severed real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;

(8)(A) “Property of another person” means any property in which any person or government other than the actor has a possessory or proprietary interest.

(B) However, “property of another person” does not include property in the possession of the actor in which another person has only a security interest, even though legal title is in the secured party pursuant to a conditional sales contract or other security agreement;

(9) “Service” includes:

(A) Labor;

(B) Professional service;

(D) Telephone, mail, or other public service;

(E) Gas, electricity, or other public utility service;

(F) Accommodation in a hotel, restaurant, or other public accommodation;

(G) Admission to an exhibition; and

(H) Use of a vehicle or other property;

(10)(A) “Threat” means a menace, however communicated, to:

(i) Cause physical injury to any person or to commit any other criminal offense;

(ii) Cause damage to any property;

(iii) Accuse any person of a crime;

(iv) Expose a secret or publish a fact tending to subject any person, living or deceased, to hatred, contempt, shame, or ridicule;

(v) Impair any person's credit or business repute;

(vi) Take or withhold action as a public servant or cause a public servant to take or withhold action;

(vii) Testify or provide information or withhold testimony or information with respect to a legal claim or defense of another person;

(viii) Bring about or continue a strike, boycott, or other collective action if a property or service is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(ix) Do any other act which would not in itself substantially benefit the actor or a group he or she purports to represent but which is calculated to harm another person in a substantial manner with respect to his or her health, safety, business, employment, calling, career, financial condition, reputation, or a personal relationship.

(B) “Threat” does not include an expression of intent to accuse, expose, bring suit, or otherwise invoke official action under subdivisions (10)(A)(iii)-(vi) of this section if made to obtain property claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates or as compensation for property or a lawful service;

(11) “Trade secret” means the whole or any portion of any valuable scientific or technical information, design, process, procedure, formula, or improvement that is not accessible to a person other than a person selected by the owner to have access for a limited purpose;

(12)(A) “Value” means:

(i) The market value of a property or service at the time and place of the offense, or if the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense;

(ii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value, the amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt, or the greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt; or

(iii) Any inherent, subjective, or idiosyncratic worth the owner or possessor of property attaches to the property even if the property has no market value or replacement cost.

(B)(i) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value.

(ii) However, in a case of theft by receiving under § 5-36-106, the consideration the actor gave for the property shall not be deducted to determine value; and

(13) “Vehicle” means any craft or device designed for the transportation of a person or property across land or water or through the air.

CREDIT(S)

Acts of 1975, Act 280, § 2201; Acts of 1987, Act 934, § 2; Acts of 1997, Act 829, § 1; Acts of 2001, Act 745, § 1, eff. March 13, 2001.

Formerly A.S.A. 1947, § 41-2201.

A.C.A. § 5-36-102

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-102. Consolidation of offenses--Shoplifting presumption--Theft by deception at auction of livestock presumption--Amount of theft

(a) Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as:

(1) Larceny;

(2) Embezzlement;

(3) False pretense;

(4) Extortion;

(5) Blackmail;

(6) Fraudulent conversion;

(7) Receiving stolen property; and

(8) Other similar offenses.

(b) Notwithstanding the specification of a different manner in the indictment or information, a criminal charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

(c) The knowing concealment, upon an actor's person or the person of another, of an unpurchased good or merchandise offered for sale by any store or other business establishment, gives rise to a presumption that the actor took the good or merchandise with the purpose of depriving the owner or another person having an interest in the good or merchandise.

(d) A person who is subject to 7 U.S.C. § 181 et seq. that obtains livestock from a commission merchant by representing that the person will make prompt payment is presumed to have obtained the livestock by deception if the person fails to make payment in accordance with 7 U.S.C. § 228b.

(e)(1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain.

(2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense.

CREDIT(S)

Acts of 1975, Act 280, § 2202; Acts of 2009, Act 1401, § 1, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-2202.

A.C.A. § 5-36-103

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-103. Theft of property

(a) A person commits theft of property if he or she knowingly:

(1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or

(2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property.

(b) Theft of property is a:

(1) Class B felony if:

(A) The value of the property is twenty-five thousand dollars ($25,000) or more;

(B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;

(C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened;

(D) The property is:

(i) Anhydrous ammonia in any form; or

(ii) A product containing any percentage of anhydrous ammonia in any form; or

(E)(i) The property is utility property and the value of the property is five hundred dollars ($500) or more.

(ii) As used in subdivision (b)(1)(E)(i) of this section:

(a) “Utility” means any person or entity providing to the public gas, electricity, water, sewer, telephone, telegraph, radio, radio common carrier, railway, railroad, cable and broadcast television, video, or Internet services; and

(b) “Utility property” means any component that is reasonably necessary to provide utility services, including without limitation any wire, pole, facility, machinery, tool, equipment, cable, insulator, switch, signal, duct, fiber optic cable, conduit, plant, work, system, substation, transmission or distribution structure, line, street lighting fixture, generating plant, equipment, pipe, main, transformer, underground line, gas compressor, meter, or any other building or structure or part of a building or structure that a utility uses in the production or use of its services;

(2) Class C felony if:

(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);

(B) The property is obtained by threat;

(D)(i) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more.

(ii) As used in subdivision (b)(2)(D)(i) of this section:

(a) “Building material” means lumber, a construction tool, a window, a door, copper tubing or wire, or any other material or good used in the construction or rebuilding of a building or a structure; and

(b) “Permitted construction site” means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county; or

(E) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(3) Class D felony if:

(A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);

(B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500);

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number;

(D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or

(F) An electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or

(4) Class A misdemeanor if:

(A) The value of the property is one thousand dollars ($1,000) or less; or

(B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

(c)(1) Upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the penalty for theft of property is enhanced if the property is:

(A) A generator intended for use by:

(i) A public facility;

(ii) A nursing home or hospital;

(iii) An airport;

(iv) A public safety device;

(v) A communication tower or facility;

(vi) A public utility;

(vii) A water system or sewer system;

(viii) A public safety agency; or

(ix) Any other facility or use providing a vital service; or

(B) Any other equipment used in the transmission of electric power or telephone service.

(2) As used in this subsection:

(A) “Public safety agency” means an agency of the State of Arkansas or a functional division of a political subdivision that provides:

(i) Firefighting and rescue;

(ii) Natural or human-caused disaster or major emergency response;

(iii) Law enforcement; or

(iv) Ambulance or emergency medical services; and

(B) “Public safety device” includes, but is not limited to, a traffic signaling device or a railroad crossing device.

(3) The penalty is enhanced as follows:

(A)(i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000).

(ii) The fine is mandatory; and

(B) The offense is a Class D felony if it would have been a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2203; Acts of 1977, Act 360, § 8; Acts of 1979, Act 592, § 1; Acts of 1983, Act 719, § 1; Acts of 1987, Act 934, § 3; Acts of 1991, Act 712, § 1; Acts of 1995, Act 277, § 1; Acts of 1997, Act 516, § 1; Acts of 2001, Act 157, § 1, eff. Aug. 13, 2001; Acts of 2001, Act 1195, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 838, § 1, eff. July 16, 2003; Acts of 2005, Act 1442, § 1, eff. Aug. 12, 2005; Acts of 2007, Act 693, § 1, eff. July 31, 2007; Acts of 2007, Act 827, § 39, eff. July 31, 2007; Acts of 2009, Act 1295, § 2, eff. July 31, 2009; Acts of 2011, Act 570, § 23, eff. July 27, 2011; Acts of 2011, Act 1120, § 8, eff. July 27, 2011; Acts of 2011, Act 1227, § 1, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-2203.

A.C.A. § 5-36-104

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-104. Theft of services

(a) A person commits theft of services if, with purpose to defraud:

(1) The person purposely obtains a service that he or she knows to be available only for compensation, by deception, threat, or other means to avoid payment for the service; or

(2) Having control over the disposition of a service to which he or she is not entitled, the person purposely diverts the service to his or her own benefit or to the benefit of another person not entitled to the service.

(b) In a circumstance in which payment is ordinarily made immediately upon the rendering of a service, absconding without payment or offer to pay gives rise to a presumption that the actor obtained the service with the purpose of avoiding payment.

(1) Class B felony if:

(A) The value of the service is twenty-five thousand dollars ($25,000) or more;

(B) The service is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;

(C) The service is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened; or

(D) The theft of services involves a theft of a utility service that results in:

(i) Any contamination of a line, pipe, waterline, meter, or other utility property; or

(ii) A spill, dumping, or release of any hazardous material into the environment;

(2) Class C felony if:

(A) The value of the service is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or

(B) The service is obtained by threat; or

(3) Class D felony if the value of the service is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or

(4) Class A misdemeanor if the theft of services:

(A) Involves a theft of a utility service that results in the destruction or damage to a line, pipe, waterline, meter, or any other property of the utility; or

(B) Is otherwise committed.

(d)(1) In addition to any other fine that may be levied under § 5-4-201, any person found guilty of theft of services under this section is required to make full restitution to the utility from which the service was obtained if the theft of services involves the theft of a utility service such as a gas, electricity, water, telephone, or cable television service.

(2) For a prosecution brought under this subsection to enable the court to properly fix the amount of restitution, after appropriate investigation the prosecuting attorney shall recommend an amount that would make the utility whole with respect to:

(A) The value of the service received;

(B) The cost of repair of any damage to any:

(i) Line;

(ii) Pipe;

(iii) Waterline;

(iv) Meter; or

(v) Other utility property; and

(3) If the defendant disagrees with the recommendation of the prosecuting attorney, he or she is entitled to introduce evidence in mitigation of the amount recommended.

(4) The monetary judgment for restitution, as provided in this section, becomes a judgment against the offender and has the same force and effect as any other civil judgment recorded in this state.

CREDIT(S)

Acts of 1975, Act 280, § 2204; Acts of 1977, Act 360, § 9; Acts of 1983, Act 719, § 2; Acts of 1997, Act 518, § 1, eff. March 13, 1997; Acts of 1999, Act 986, § 1, eff. July 30, 1999; Acts of 2011, Act 570, § 24, eff. July 27, 2011; Acts of 2011, Act 1120, § 15, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-2204.

A.C.A. § 5-36-105

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-105. Theft of property lost, mislaid, or delivered by mistake

(a) A person commits theft of property lost, mislaid, or delivered by mistake if the person:

(1) Comes into control of property of another person;

(2) Retains or disposes of the property when the person knows the property to have been lost, mislaid, or delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property; and

(3) With the purpose of depriving any person having an interest in the property, the person fails to take a reasonable measure to restore the property to a person entitled to it.

(b) Theft of property lost, mislaid, or delivered by mistake is a:

(1) Class D felony if the value of the property is one thousand dollars ($1,000) or more;

(2) Class B misdemeanor if:

(A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or

(B) The property is a:

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number; or

(3) Class C misdemeanor if otherwise committed.

CREDIT(S)

Acts of 1975, Act 280, § 2205; Acts of 1997, Act 516, § 2; Acts of 1997, Act 518, § 2, eff. March 13, 1997; Acts of 2003, Act 838, § 2, eff. July 16, 2003.

Formerly A.S.A. 1947, § 41-2205.

A.C.A. § 5-36-106

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-106. Theft by receiving

(a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person:

(1) Knowing that the property was stolen; or

(2) Having good reason to believe the property was stolen.

(b) As used in this section, “receiving” means acquiring possession, control, or title or lending on the security of the property.

(1) The unexplained possession or control by the person of recently stolen property; or

(2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value.

(d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property.

(e) Theft by receiving is a:

(1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more;

(2) Class C felony if the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);

(3) Class D felony if:

(A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);

(B) The property is a:

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number; or

(4) Class A misdemeanor if otherwise committed.

CREDIT(S)

Acts of 1975, Act 280, § 2206; Acts of 1977, Act 360, § 10; Acts of 1983, Act 719, § 3; Acts of 1997, Act 303, § 1, eff. Feb. 28, 1997; Acts of 1997, Act 516, § 3; Acts of 2003, Act 838, § 3, eff. July 16, 2003; Acts of 2011, Act 570, § 25, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-2206.

A.C.A. § 5-36-107

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-107. Theft of trade secret

(a) A person commits theft of a trade secret if, with a purpose to deprive the owner of the control of a trade secret, the person:

(1) Obtains or discloses to an unauthorized person a trade secret; or

(2) Without authority, makes or causes to be made a copy or an article representing a trade secret.

(b) Theft of a trade secret is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2207.

Formerly A.S.A. 1947, § 41-2207.

A.C.A. § 5-36-108

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-108. Unauthorized use of a vehicle

(a) A person commits unauthorized use of a vehicle if the person knowingly takes, operates, or exercises control over another person's vehicle without consent of the owner.

(b) Unauthorized use of a vehicle is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2208.

Formerly A.S.A. 1947, § 41-2208.

A.C.A. § 5-36-109

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§§ 5-36-109 to 5-36-114. Reserved

A.C.A. § 5-36-114

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§§ 5-36-109 to 5-36-114. Reserved

A.C.A. § 5-36-115

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-115. Theft--Leased, rented, or entrusted property--False report of wealth or credit

(a) A person is guilty of theft and subject to a punishment prescribed by § 5-36-103 if the person:

(1) Intentionally, fraudulently, or by false pretense takes, carries, leads, drives away, destroys, sells, secretes, converts, or appropriates in any wrongful manner any personal property of another person that is leased, rented, or entrusted to the actor; or

(2) Falsely reports of his or her wealth or mercantile credit and by the false report fraudulently obtains possession of personal property or the labor or service of another person.

(b) The amount involved in the theft is deemed to be the highest value by any reasonable standard of the property or service that the person stole or attempted to steal.

(c) It is prima facie evidence of intent to commit theft if a person who has leased or rented the personal property of another person:

(1) Fails to return or make an arrangement acceptable with the lessor to return the personal property to its owner within five (5) days, excluding Saturday, Sunday, or a state or federal holiday, after proper notice following the expiration of the lease or rental agreement; or

(2) Presents identification to the lessor or renter of the personal property that is false, fictitious, or not current with respect to name, address, place of employment, or other appropriate item.

(d) Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement.

(e) The following factors constitute an affirmative defense to prosecution for theft:

(1) That the lessee accurately stated his or her name and address at the time of rental;

(2) That the lessee's failure to return the item at the expiration date of the rental contract was lawful;

(3) That the lessee failed to receive the lessor's notice personally unless notice was waived; and

(4) That the lessee returned the personal property to the owner or lessor within forty-eight (48) hours of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.

(f)(1) For any lease or rental contract of twenty-five dollars ($25.00) or more, the lessee may waive the notice required in subsection (c) of this section by signing a statement contained in the lease agreement or rental agreement. The waiver shall require a separate signature of the lessee.

(2) The form of the waiver shall be substantially as follows:

“WAIVER OF NOTICE

I acknowledge that I shall be subject to criminal penalties for theft under § 5-36-115 for: (a) failure to return or make arrangements acceptable to the lessor to return the property covered by this contract within five (5) days, excluding Saturday, Sunday, or state or federal holidays; or (b) presenting identification to the lessor or renter which is false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items. I hereby waive my right to notice by certified or registered mail before such actions constitute prima facie evidence of an intent to commit theft.

______________________________________
Date

______________________________________
Signature

CREDIT(S)

Acts of 1977, Act 387, § 1; Acts of 1985, Act 883, § 1; Acts of 1989, Act 720, § 1.

Formerly A.S.A. 1947, § 41-2209.

A.C.A. § 5-36-116

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-116. Shoplifting

(a)(1) A person engaging in conduct giving rise to a presumption under § 5-36-102(c) may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, merchant, or merchant's employee in order that recovery of a good may be effected.

(2) The detention by a law enforcement officer, merchant, or merchant's employee does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(b)(1) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting an establishment or a protected area within the establishment constitutes reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator.

(2) Any detention under subdivision (b)(1) of this section shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of a good.

(3) A detention under subdivision (b)(1) of this section by a law enforcement officer, merchant, or merchant's employee does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(c) As used in this section, “antishoplifting or inventory control device” means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure or from a protected area within a mercantile establishment or similar enclosure.

(d)(1) Upon probable cause for believing a suspect has committed the offense of shoplifting, a law enforcement officer may arrest the person without a warrant.

(2) The law enforcement officer, merchant, or merchant's employee who has observed the person accused of committing the offense of shoplifting shall provide a written statement that serves as probable cause to justify the arrest.

(3) The accused person shall be brought immediately before a magistrate and afforded an opportunity to make a bond or recognizance as in other criminal cases.

CREDIT(S)

Acts of 1957, Act 50, § 4; Acts of 1971, Act 164, § 1; Acts of 1975, Act 458, § 1; Acts of 1975, Act 928, § 15; Acts of 1983, Act 551, § 1; Acts of 1985, Act 404, § 1; Acts of 2005, Act 1994, § 246, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2251.

A.C.A. § 5-36-117

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-117. Repealed by Acts of 2005, Act 1994, § 540, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 540, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, §§ 41-2252, 41-2253; Acts of 1969, Act 84, §§ 1, 2.

A.C.A. § 5-36-118

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-118. Repealed by Acts of 2005, Act 1994, § 514, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 514, eff. Aug. 12, 2005.

Formerly C. & M. Dig., § 9330; Pope's Dig., § 12518; A.S.A. 1947, § 7-108 Acts of 1893, Act 159, § 3, p. 273; Acts of 1893, Act 178, § 3, p. 314; Acts of 1893, Act 188, § 3, p. 340.

A.C.A. § 5-36-119

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-119. Repealed by Acts of 2005, Act 1994, § 529, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, § 529, eff. Aug. 12, 2005.

Formerly Acts of 1997, Act 516, § 5.

A.C.A. § 5-36-120

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-120. Theft of motor fuel

(a) A person commits the offense of theft of motor fuel if the person knowingly operates an automobile or other related vehicle after placing motor fuel in the automobile or other related vehicle at a:

(1) Service station, filling station, garage, or other business where motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the service station, filling station, gasoline station, garage, or any other business where motor fuel is offered for sale at retail, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel; or

(2) Location owned by a political subdivision or nonprofit entity whether or not the motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the political subdivision or nonprofit entity, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel.

(b) Theft of motor fuel is a Class A misdemeanor.

(c)(1)(A) In addition to a penalty in subsection (b) of this section, a person who pleads guilty or nolo contendere to or is found guilty of theft of motor fuel shall have his or her driver's license suspended by the court for a period of not more than six (6) months.

(B) However, if the person's driver's license has previously been suspended for theft of motor fuel the court shall suspend the person's driver's license for not less than one (1) year.

(2)(A) The court shall immediately take possession of any suspended driver's license and forward it to the Office of Driver Services.

(B) The office shall notify the licensee of the suspension and of an opportunity to request a hearing to determine if a restricted permit should be issued during the time of suspension.

(d) Any service station, filling station, garage, or other location where motor fuel is offered for sale at retail shall prominently display on each face of a retail product dispenser a sign that contains the following: “THEFT OF MOTOR FUEL IS A CLASS A MISDEMEANOR AND CARRIES A MAXIMUM PENALTY OF ONE (1) YEAR IN JAIL, $1000 FINE, AND A ONE (1) YEAR SUSPENSION OF YOUR DRIVER'S LICENSE.”

(e) As used in this section:

(1) “Nonprofit entity” means an organization that is exempt from income tax under 26 U.S.C. § 501(a); and

(2) “Political subdivision” means an agency, department, or other governing body of the state.

CREDIT(S)

Acts of 2001, Act 745, § 2, eff. March 13, 2001; Acts of 2005, Act 900, § 1, eff. Aug. 12, 2005; Acts of 2011, Act 194, § 9, eff. July 27, 2011.

A.C.A. § 5-36-121

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-121. Theft of recyclable materials--Penalty

(a)(1) No person shall divert to personal use any recyclable material valued at fifty dollars ($50.00) or more and placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.

(2)(A) For a first offense under subdivision (a)(1) of this section, a person shall be issued a citation that is a warning citation and no court appearance is required and no penalty shall be imposed by the court.

(B) A record of each warning citation issued shall be maintained and for any subsequent offense, the offender is subject to a penalty prescribed.

(3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section for a subsequent offense is guilty of a Class C misdemeanor.

(b)(1) No person shall divert to commercial use any recyclable material placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.

(2) Any person who pleads guilty or nolo contendere to or is found guilty of violating a provision of subdivision (b)(1) of this section is guilty of a Class A misdemeanor.

CREDIT(S)

Acts of 2001, Act 1720, § 1, eff. Aug. 13, 2001.

A.C.A. § 5-36-122

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-122. Motion picture piracy

(a) As used in this section:

(1) “Audiovisual recording function” means the capability of a device to record or transmit an image, a sound, or any part of an image or sound;

(2) “Motion picture” means any series of images projected on a film screen or displayed in or on any other matter in successive and slightly changed positions so as to produce the optical effect of a continuous picture in which the images move; and

(3) “Motion picture theater” means any movie theater, screening room, or other venue utilized primarily for the exhibition of a motion picture that has been produced for commercial distribution.

(b) A person commits motion picture piracy if, without the consent of the motion picture theater owner or lessee, the person operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited with the purpose of recording an image or sound of the motion picture.

(c)(1)(A) An owner, a lessee, or an employee of a motion picture theater who reasonably suspects a person of committing motion picture piracy in the motion picture theater may detain the person in a reasonable manner and for a reasonable length of time in order to identify the person and to transfer custody of the person to a law enforcement officer.

(B) A detention conducted in a reasonable manner and for a reasonable length of time by an owner, a lessee, or an employee of the motion picture theater does not render the owner, lessee, or employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(2)(A) Upon detention of a person under this section, an owner, a lessee, or an employee of the motion picture theater shall promptly and without delay contact a law enforcement agency, and the owner, lessee, or employee of the motion picture theater shall release the person to the custody of the responding law enforcement officer.

(B) The owner, lessee, or employee of a motion picture theater who observed the person reasonably suspected of committing the offense of motion picture piracy shall provide a written statement to the responding law enforcement officer and the written statement serves as probable cause to justify an arrest.

(3)(A) A law enforcement officer may arrest a person without a warrant upon probable cause for believing the person has committed the offense of motion picture piracy.

(B) Upon arrest by a law enforcement officer, the arrested person shall be afforded the opportunity to make a bond or recognizance as in other criminal cases.

(d) This section does not prevent any investigative officer, law enforcement officer, protective officer, intelligence officer, employee, or agent of a local municipal, county, state, or federal government from operating any audiovisual recording device in a motion picture theater as part of a lawfully authorized investigative, law enforcement, protective, or intelligence gathering activity.

(e) Motion picture piracy is a Class A misdemeanor.

CREDIT(S)

Acts of 2005, Act 1932, § 1, eff. Aug. 12, 2005.

A.C.A. § 5-36-123

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-123. Theft of scrap metal

(a) A person commits theft of scrap metal if he or she commits theft of property under § 5-36-103(a) and the property is scrap metal.

(b) Except as provided in subsection (c) of this section, the classification and penalty range for theft of scrap metal is the same as theft of property under § 5-36-103(b).

(c) Upon conviction of a person for theft of scrap metal, the classification and penalty range in § 5-36-103(b) shall be increased one (1) classification if:

(1) The person caused incidental damage to the owner of the scrap metal or the property of the owner of the scrap metal while committing the theft of scrap metal and the costs of incidental damage was more than two hundred fifty dollars ($250); or

(2) The person transported the scrap metal across state lines to sell or dispose of the scrap metal.

(d) As used in this section:

(1) “Costs of incidental damage” means the total amount of money damages suffered by an owner of scrap metal as a direct result of the theft of the scrap metal, including lost income, lost profits, and costs of repair or replacement of property damage;

(2) “Incidental damage” means loss of income, loss of profit, or property damage; and

(3) “Scrap metal” means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.

CREDIT(S)

Acts of 2007, Act 630, § 1, eff. July 31, 2007.

A.C.A. § 5-36-124

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 1. General Provisions (Refs & Annos)

§ 5-36-124. Theft by receiving of scrap metal

(a) As used in this section:

(1) “Receiving” means acquiring possession, control, or title or lending on the security of the scrap metal; and

(2) “Scrap metal” means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.

(b) A person commits the offense of theft by receiving of scrap metal if he or she receives, retains, or disposes of scrap metal of another person knowing that the scrap metal was stolen.

(c)(1) Theft by receiving of scrap metal is a:

(A) Class D felony if the value of the scrap metal is more than one thousand dollars ($1,000); or

(B) Class A misdemeanor.

(2) A person who is found guilty of or pleads guilty or nolo contendere to a second or subsequent violation of this section is guilty of a Class D felony.

CREDIT(S)

Acts of 2011, Act 1193, § 1, eff. July 27, 2011.

A.C.A. T. 5, Subt. 4, Ch. 36, Subch. 2, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 2. Theft of Public Benefits

A.C.A. § 5-36-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 2. Theft of Public Benefits (Refs & Annos)

§ 5-36-201. Definitions

As used in this subchapter:

(1) “Misrepresentation” means any manifestation by a word or other conduct by a person to another person that, under the circumstances, amounts to an assertion not in accordance with fact; and

(2) “Public benefit” means any federal or state funds, or any combination of federal or state funds, in cash or in kind, whose distribution to the public is administered by an agency of the State of Arkansas.

CREDIT(S)

Acts of 1993, Act 320, § 1.

A.C.A. § 5-36-202

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 2. Theft of Public Benefits (Refs & Annos)

§ 5-36-202. Prohibited conduct

(a) A person commits theft of public benefits if the person:

(1) Obtains or retains a public benefit from the Department of Health and Human Services or any other state agency administering the distribution of a public benefit:

(A) By means of any false statement, misrepresentation, or impersonation; or

(B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or

(2) Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter.

(b) Presentation of false or fictitious information or failure to disclose a material fact in the process of obtaining or retaining public benefits is prima facie evidence of intent to commit theft of public benefits.

CREDIT(S)

Acts of 1993, Act 320, §§ 2, 3.

A.C.A. § 5-36-203

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 2. Theft of Public Benefits (Refs & Annos)

§ 5-36-203. Nature of offense

Theft of public benefits is a:

(1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more;

(2) Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or

(3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.

CREDIT(S)

Acts of 1993, Act 320, § 4; Acts of 2005, Act 1994, § 463, eff. Aug. 12, 2005.

A.C.A. § 5-36-204

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 2. Theft of Public Benefits (Refs & Annos)

§ 5-36-204. Penalties

(a) In addition to an extended term of imprisonment provided by § 5-4-501 for a habitual offender, any person who pleads guilty or nolo contendere or is found guilty of violating § 5-36-202(a) shall be imprisoned:

(1) For no less than seven (7) days for the second offense of any felony or misdemeanor set forth in § 5-36-203 occurring within five (5) years of the first offense of any felony or misdemeanor set forth in § 5-36-203;

(2) For no less than ninety (90) days for a third offense of any felony or misdemeanor set forth in § 5-36-203 occurring within five (5) years of the first offense of any felony or misdemeanor set forth in § 5-36-203; and

(3) For at least one (1) year for a fourth or subsequent offense of any felony or misdemeanor set forth in § 5-36-203 occurring within five (5) years of the first offense of any felony or misdemeanor set forth in § 5-36-203.

(b) In addition to restitution, any person who pleads guilty or nolo contendere or is found guilty of a felony or misdemeanor set forth in § 5-36-203 shall be fined no less than:

(1) One hundred fifty dollars ($150) for the first offense;

(2) Four hundred dollars ($400) for a second offense occurring within five (5) years of the first offense; and

(3) Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of the first offense.

CREDIT(S)

Acts of 1993, Act 320, §§ 5, 6.

A.C.A. § 5-36-205

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 2. Theft of Public Benefits (Refs & Annos)

§ 5-36-205. Ineligibility for programs

In addition to a penalty set forth in this subchapter:

(1) Except as set forth in subdivision (4) of this section, any recipient of a food stamp who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the food stamp program, as follows:

(A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of a food stamp;

(B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of a food stamp; and

(2) Any recipient of transitional employment assistance who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the Transitional Employment Assistance Program, as follows:

(A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of transitional employment assistance;

(B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of transitional employment assistance; and

(3) Any recipient of supplemental security income who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the Supplemental Security Income Program, as follows:

(A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of supplemental security income;

(B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of supplemental security income; and

(4) An individual is ineligible to participate in the food stamp program as a member of any household for a ten-year period if the individual is found by the Department of Health and Human Services to have made or is found guilty of or pleads guilty or nolo contendere to having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously.

CREDIT(S)

Acts of 1993, Act 320, § 7; Acts of 1995, Act 1174, § 1; Acts of 1997, Act 1058, § 28, eff. July 1, 1997; Acts of 1999, Act 1567, § 2, eff. July 1, 1999.

A.C.A. § 5-36-206

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 2. Theft of Public Benefits (Refs & Annos)

§ 5-36-206. Prosecution

The prosecuting attorney may deputize an attorney of the Office of Chief Counsel of the Department of Health and Human Services or the appropriate state agency to prosecute an offense under this subchapter.

CREDIT(S)

Acts of 1993, Act 320, § 8.

A.C.A. § 5-36-301

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 3. Wireless Services Theft Prevention

§ 5-36-301. Short title

This subchapter may be cited as the “Wireless Services Theft Prevention Law”.

CREDIT(S)

Acts of 1997, Act 1310, § 1.

A.C.A. § 5-36-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 3. Wireless Services Theft Prevention

§ 5-36-302. Definitions

As used in this subchapter:

(1) “Manufacture of a wireless device” means to produce, activate, or assemble a wireless device or to modify, alter, program, or reprogram a device to be capable of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider;

(2)(A) “Wireless device” means any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic, or radio communications and that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider.

(B) “Wireless device” includes, but is not limited to, a phone altered to obtain service without the consent of the wireless service provider, a tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, or other instrument capable of disguising its identity or location or of gaining access to a communications system operated by a wireless service provider;

(3) “Wireless service” includes, but is not limited to, any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of a sign, signals, data, writing, image or sound, or intelligence of any nature by telephone, including a cellular, personal communication service, wireless, radio, electromagnetic, photoelectronic, or photo-optical system; and

(4) “Wireless service provider” means a person or entity providing a commercial mobile service as defined in § 23-17-403.

CREDIT(S)

Acts of 1997, Act 1310, § 2.

A.C.A. § 5-36-303

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 3. Wireless Services Theft Prevention

§ 5-36-303. Theft of wireless service

(a) A person commits the offense of theft of wireless service if he or she purposely obtains wireless service by the use of an unlawful wireless device or without the consent of the wireless service provider.

(b) Theft of wireless service is a:

(1) Class A misdemeanor if the aggregate value of wireless service obtained is one thousand dollars ($1,000) or less;

(2) Class D felony if the:

(A) Aggregate value of wireless service obtained is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or

(B) Stolen wireless service is used to communicate a threat of damage or injury by bombing, fire, or other means, in a manner likely to:

(i) Place another person in reasonable apprehension of physical injury to himself or herself or another person or of damage to his or her property or to the property of another person; or

(ii) Create a public alarm;

(3) Class C felony if the:

(A) Aggregate value of wireless service is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000);

(B) Conviction is for a second or subsequent offense; or

(C) Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction; or

(4) Class B felony if the aggregate value of the wireless service is twenty-five thousand dollars ($25,000) or more.

CREDIT(S)

Acts of 1997, Act 1310, § 3; Acts of 2003, Act 1087, § 25, eff. July 16, 2003; Acts of 2011, Act 570, § 26, eff. July 27, 2011.

A.C.A. § 5-36-304

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 3. Wireless Services Theft Prevention

§ 5-36-304. Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services

(a) A person commits the offense of facilitating theft of wireless service if he or she:

(1) Makes, distributes, possesses, uses, assembles, modifies, alters, programs, or reprograms a wireless device for the purpose of:

(i) Commission of a theft of wireless service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or

(ii) Concealing or assisting another person to conceal from any wireless service provider or from any lawful authority the existence or place of origin or of destination of any wireless communication; or

(2) Sells, possesses, distributes, gives, or otherwise transfers to another or offers, promotes, or advertises for sale any wireless device or any plans or instructions for making or assembling a wireless device, under circumstances evidencing an intent to use or employ the wireless device, or to allow it to be used or employed, for a purpose described in subdivision (a)(1) of this section or knowing or having reason to believe that the wireless device is intended to be so used, or that the plans or instructions are intended to be used for making or assembling a wireless device intended to be used in violation of this subchapter.

(b) Facilitating theft of wireless service is a:

(1) Class A misdemeanor if the aggregate value of service obtained is five hundred dollars ($500) or less;

(2) Class C felony if the aggregate value of service obtained is more than five hundred dollars ($500) but less than twenty-five hundred dollars ($2500); or

(3) Class B felony if the:

(A) Aggregate value of service is twenty-five hundred dollars ($2500) or more;

(B) Conviction is for a second or subsequent offense; or

(C) Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction.

CREDIT(S)

Acts of 1997, Act 1310, § 4.

A.C.A. § 5-36-305

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 3. Wireless Services Theft Prevention

§ 5-36-305. Restitution

In addition to any other sentence authorized by law, the court may sentence a person convicted of violating this subchapter to make restitution in the manner prescribed in § 5-4-205.

CREDIT(S)

Acts of 1997, Act 1310, § 5.

A.C.A. § 5-36-306

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 3. Wireless Services Theft Prevention

§ 5-36-306. Civil remedy

In a civil action in any court of competent jurisdiction, a wireless service provider aggrieved by a violation of this subchapter may obtain appropriate relief, including:

(1) Preliminary and other equitable or declaratory relief;

(2) Compensatory and punitive damages;

(3) Reasonable investigation expenses;

(4) Costs of suit; and

(5) Attorney fees.

CREDIT(S)

Acts of 1997, Act 1310, § 6.

A.C.A. § 5-36-307

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 3. Wireless Services Theft Prevention

§ 5-36-307. Police or emergency scanners; exemption from act

The provisions of this subchapter shall not be construed to prohibit the possession or use of a police scanner or an emergency scanner available to the general public.

CREDIT(S)

Acts of 1997, Act 1310, § 7.

A.C.A. § 5-36-401

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 4. Offenses Involving Theft Detection Devices

§ 5-36-401. Unlawful use of theft detection shielding device

(a) A person commits the offense of unlawful use of a theft detection shielding device if the person knowingly manufactures, sells, offers for sale, or distributes in any way a laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

(b)(1) The unlawful use of a theft detection shielding device is a Class A misdemeanor.

(2) A subsequent violation of this section is a Class D felony.

CREDIT(S)

Acts of 2001, Act 1194, § 1, eff. Aug. 13, 2001.

A.C.A. § 5-36-402

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 4. Offenses Involving Theft Detection Devices

§ 5-36-402. Unlawful possession of theft detection shielding device

(a) A person commits the offense of unlawful possession of a theft detection shielding device if the person knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor with the intent to commit theft or retail theft.

(b)(1) The unlawful possession of a theft detection shielding device is a Class A misdemeanor.

(2) A subsequent violation of this section is a Class D felony.

CREDIT(S)

Acts of 2001, Act 1194, § 2, eff. Aug. 13, 2001.

A.C.A. § 5-36-403

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 4. Offenses Involving Theft Detection Devices

§ 5-36-403. Unlawful possession of theft detection device remover

(a) A person commits the offense of unlawful possession of a theft detection device remover if the person knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use the tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.

(b)(1) The unlawful possession of a theft detection device remover is a Class A misdemeanor.

(2) A subsequent violation of this section is a Class D felony.

CREDIT(S)

Acts of 2001, Act 1194, § 3, eff. Aug. 13, 2001.

A.C.A. § 5-36-404

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 4. Offenses Involving Theft Detection Devices

§ 5-36-404. Unlawful removal of theft detection device

(a) A person commits the offense of unlawful removal of a theft detection device if the person knowingly removes a theft detection device from merchandise prior to purchase with the intent to commit theft or retail theft.

(b)(1) The unlawful removal of a theft detection device is a Class A misdemeanor.

(2) A subsequent violation of this section is a Class D felony.

CREDIT(S)

Acts of 2001, Act 1194, § 4, eff. Aug. 13, 2001.

A.C.A. § 5-36-405

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 4. Offenses Against Property (Chapters 35 to 49)

Chapter 36. Theft

Subchapter 4. Offenses Involving Theft Detection Devices

§ 5-36-405. Detention upon activation of antishoplifting or inventory control device

(a) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting an establishment or a protected area within the establishment is a reasonable cause for the detention of the person exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator.

(b) Any detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of a good.

(c) The taking of a person into custody and detention by a law enforcement officer, merchant, or merchant's employee, in compliance with this section, does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

CREDIT(S)

Acts of 2001, Act 1194, § 5, eff. Aug. 13, 2001.

Chapter 3. Offenses Against the Person

Tags:

24 SC (1.5%)

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1075. Felony of carjacking; penalties.

(A) For purposes of this section, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(B) A person is guilty of the felony of carjacking who takes, or attempts to take, a motor vehicle from another person by force and violence or by intimidation while the person is operating the vehicle or while the person is in the vehicle. Upon conviction for this offense, a person must:

(1) be imprisoned not more than twenty years; or

(2) if great bodily injury results, be imprisoned not more than thirty years.

CREDIT(S)

HISTORY: 1993 Act No. 163, § 1; 1998 Act No. 402, § 1.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-3-1080

Chapter 11. Offenses Against Property

Tags:

24 SC (1.5%)

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-810. Short title.

This article may be cited as the Theft of Cable Television Service Act.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-815

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-815. Definitions.

As used in this article, “cable television service” includes (1) services provided by or through the facilities of any cable television system or closed circuit coaxial cable communication system, and (2) any transmission service used in connection with any cable television system or similar closed circuit coaxial cable communication system.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-820

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-820. Use of service without authorization or payment; presumption arising from connection of device to cable or closed circuit system.

It is unlawful for any person knowingly to obtain or use cable television service without the authorization of, or payment to, the operator of the service. It is permissible to infer that the existence of any connection, wire, conductor, or other device whatsoever, between facilities of a cable television system or closed circuit coaxial cable communication system and the premises occupied by the person which makes possible the use of cable television service by any person without that use being specifically authorized by, or compensation paid to, the operator of cable television service indicates that the occupant of the premises has violated this section. If any person pays the amount charged for service provided by the operator of the cable television system, whether or not the amount billed is in conformity with the established charges for the service, the person is not guilty of any offense hereunder by reason of the use of the service.

CREDIT(S)

HISTORY: 1984 Act No. 407; 1987 Act No. 95 § 2.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-825

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-825. Unauthorized connection or use of device to cable television system.

It is unlawful for any person to make or use a connection not authorized by the operator of a cable television service, whether physical, electrical, mechanical, electronic, induction, or otherwise, or to attach any unauthorized device, or permit the attachment of any unauthorized connection or device to any cable, wire, or other component of a cable television system or service or to a television set connected into the system or service, for the purpose of permitting the reception and viewing of signals which are intended to be received and viewed only upon payment to the operator of the cable television system of the lawful charge therefor.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-830

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-830. Aiding or abetting another person in obtaining cable service without payment therefor.

It is unlawful for any person to assist, instruct, aid or abet, or attempt to assist, instruct, aid or abet any other person in obtaining any cable television service without payment of the lawful charge therefor.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-835

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-835. Sale, lease, or advertising of equipment for avoidance of cable service charge.

It is unlawful for any person, firm, or corporation to advertise, promote the sale of, sell, rent, install, or use any instrument, apparatus, equipment, or device, or plans or instructions for making or assembling the same, designed or adapted to avoid the lawful charge for any cable television service.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-840

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-840. Unauthorized device designed to decode or descramble cable television signal.

It is unlawful for any person, without the express authorization of a franchised or other duly licensed cable television system, knowingly and wilfully to manufacture, import into this State, distribute, sell, offer to sell, possess for sale, advertise for sale, or install any device, or any plan or kit for a device or for a printed circuit, designed in whole or in part to decode, descramble, or otherwise make intelligible any encoded, scrambled, or other nonstandard signal carried by that cable television system. For the purposes of this section, “encoded, scrambled, or other nonstandard signal” includes, but is not limited to, any type of signal not intended to produce an intelligible program or service without the aid of a decoder, descrambler, filter, trap, or similar device.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-845

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-845. Use, sale, or installation of converter for unauthorized reception of intelligible signals.

It is unlawful for any person (a) to use a converter or similar device for the reception of intelligible signals without the authorization of the operator of the cable television system, (b) to sell a converter or similar device to any other person with knowledge that the person intends to use it for the reception of intelligible signals without the authorization of the operator of the cable television system or, (c) to install a converter or similar device for any other person with knowledge that the person intends to use it for the reception of intelligible signals without the authorization of the operator of the cable television system. This section does not prohibit the manufacture, distribution, or sale of any television receiver in which a converter has been incorporated by the manufacturer.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-850

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-850. Receipt of signals from air by use of satellite dish or antenna.

Nothing in this article makes it unlawful to receive or capture signals from the air by use of a satellite dish, antenna, or otherwise.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-855

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-855. Penalties.

Any person who violates any section of this article is guilty of a misdemeanor and upon conviction for a first offense must be fined not more than two hundred dollars or imprisoned for not more than thirty days and for a second and subsequent offense fined not more than one thousand dollars or imprisoned for not more than one year, or both.

CREDIT(S)

HISTORY: 1984 Act No. 407.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-910

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-910. Prohibitions relative to sound recordings; application of section.

(A) It is unlawful for a person to:

(1) knowingly and wilfully transfer or cause to be transferred, for commercial advantage or private financial gain, without the consent of the owner, any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with intent to sell or cause to be sold, or to use or cause to be used for profit through public performance, the article on which such sounds are transferred;

(2) advertise, offer for sale or resale, or sell or resell, or cause the sale or resale, or rent or cause the rental of, or possess for any of these purposes any article described in item (1) with the knowledge that the sounds on it have been transferred without the consent of the owner;

(3) offer or make available for a fee, rental, or other form of compensation, directly or indirectly, any equipment or machinery with the knowledge that it will be used by another to reproduce, without the consent of the owner, a phonograph record, disc, wire, tape, film, or other article on which sounds have been transferred. The provisions of this item do not apply to reproduction in the home for private use and with no purpose of otherwise capitalizing commercially on the reproduction; or

(4) transport for commercial advantage or private financial gain within this State or cause to be transported within this State an article with the knowledge that the sounds on it have been transferred without the consent of the owner.

A person who violates this section, upon conviction, must be punished as provided for in Section 16-11-920.

(B) As used in this section:

(1) “Person” means an individual, partnership, corporation, company, association, any communications media including, but not limited to, radio or television, broadcasters or licensees, newspapers, magazines, or other publications, or media which offer facilities for the purposes stated in this chapter, or other legal entity.

(2) “Owner” means the person who owns the original fixed sounds embodied in the master phonograph record, master disc, master tape, master film, or other article used for reproducing recorded sounds on phonograph records, discs, tapes, films, or other articles on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived.

(3) “Fixed” means embodied in a tangible medium of expression when its embodiment in an article, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.

(4) “Article” means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.

This section neither enlarges nor diminishes the right of parties in private litigation nor does it apply to the transfer by a radio or television broadcaster of any sounds (other than from the sound tract of a motion picture) intended for, or in connection with, broadcast transmission or related uses or for archival purposes. An owner of a record, disc, wire, tape, film, or other article or device which is transferred unlawfully or used in violation of this section has a cause of action in the circuit court of this State against the party committing the violation for all damages resulting therefrom, including actual, compensatory, incidental, and punitive.

CREDIT(S)

HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-911

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-911. Definitions; unlawful recording of motion pictures.

(A) As used in this section:

(1) “Article” means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.

(2) “Audiovisual recording device” means any device, camera, or audio or video recorder with the capability of recording, transferring, or transmitting sounds or images of a motion picture in part or in whole, including any device now existing or later developed.

(3) “Person” means an individual, partnership, corporation, company, association, or other legal entity.

(4) “Motion picture theater” means a movie theater, screening room, or other venue used primarily for the exhibition of a motion picture but does not include the lobby or other common areas, a personal residence, or retail establishment.

(5) “Theater owner” means the owner, operator, or lessee of a motion picture theater and includes an employee or agent of the owner, operator, or lessee.

(B) It shall be unlawful for any person to knowingly and wilfully operate an audiovisual recording device in a motion picture theater, with intent to record a motion picture, without written consent from the theater owner.

(C) In any action brought by reason of having been delayed by a theater employee or agent on or near the premises of a theater establishment for the purpose of investigation concerning the unlawful operation of an audiovisual recording device, it shall be a defense to such action if:

(1) the person was delayed in a reasonable manner and for a reasonable time to permit such investigation; and

(2) reasonable cause existed to believe that the person delayed had committed the crime of unlawful operation of a recording device.

(D) This section does not prevent any lawfully authorized investigative agency, law enforcement agency, protective services agency, or intelligence-gathering agency of the local, state, or federal government from operating an audiovisual recording device in a motion picture theater where a motion picture is being exhibited as part of a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activity.

CREDIT(S)

HISTORY: 2005 Act No. 64, § 1, eff May 23, 2005.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-915

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-915. Prohibitions relative to live performances; persons considered proper witnesses; application of section.

(A) It is unlawful for a person to:

(1) advertise or offer for sale or resale, or sell or resell, or cause the sale or resale, or rent or cause the rental of, or transport or cause to be transported, or possess for any of these purposes for commercial advantage or private financial gain any article containing a live performance with the knowledge that the live performance has been fixed without the consent of the owner of the live performance; or

(2) record or fix or cause to be recorded or fixed on an article with the intent to sell for commercial advantage or private financial gain, the live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner of the live performance. The provisions of this item (2) shall not apply to reproduction in the home for private use and with no purpose of otherwise capitalizing commercially on the reproduction.

A person who violates this section, upon conviction, must be punished as provided for in Section 16-11-920.

(B) As used in this section:

(1) “Person” means an individual, partnership, corporation, company, association, or other legal entity.

(2) “Owner”, in the absence of a written agreement or operation of law to the contrary, is presumed to be the performer of the live performance.

(4) “Article” means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or a copy or reproduction which duplicates in whole or in part, the original.

(5) “Live performance” means the recitation, rendering, or playing of a series of images or musical, spoken, or other sounds in any audible sequence.

(C) For the purposes of this section, a person who is authorized to maintain custody and control over business records which reflect whether or not the owner consented to having the live performance recorded or fixed is a proper witness in any proceeding regarding the issue of consent.

(D) A witness called pursuant to this section is subject to all rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered.

(E) This section neither enlarges nor diminishes the rights and remedies of parties in private litigation nor does it apply to the transfer by a radio or television broadcaster of any such sounds, other than from the sound tract of a motion picture, intended for, or in connection with, broadcast transmission or related uses or for archival purposes.

CREDIT(S)

HISTORY: 1989 Act No. 92, § 1.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-920

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-920. Penalties.

(A) A person who violates the provisions of Section 16-11-911 is guilty of a misdemeanor and, upon conviction:

(1) for a first offense, must be fined not more than five thousand dollars or imprisoned not more than one year, or both;

(2) for a second offense, must be fined not more than ten thousand dollars or imprisoned not more than two years, or both;

(3) for a third and each subsequent offense, must be fined not more than fifteen thousand dollars or imprisoned not more than three years, or both.

(B) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense:

(1) involves at least one thousand unauthorized articles embodying sound or sixty-five unauthorized audio visual articles during any one hundred eighty-day period; or

(2) is a second or subsequent conviction under Section 16-11-910 or 16-11-915.

(C) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involved:

(1) more than one hundred but less than one thousand unauthorized articles embodying sound during any one hundred eighty-day period; or

(2) more than ten but less than sixty-five unauthorized audiovisual articles during any one hundred eighty-day period.

(D) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than:

(1) twenty-five unauthorized articles embodying sound during any one hundred eighty-day period; or

(2) ten unauthorized audiovisual articles during any one hundred eighty- day period.

(E) A person who violates any other provision of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

(F) If a person is convicted of a violation of Section 16-11-910, 16-11-911, or 16-11-915, the court shall order the forfeiture and destruction or other disposition of all:

(1) infringing articles;

(2) implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.

These penalties are not exclusive but are in addition to other penalties provided by law.

CREDIT(S)

HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1; 1993 Act No. 184, § 93; 2005 Act No. 64, § 2, eff May 23, 2005.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-930

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-930. Illegal distribution of recordings without name and address of manufacturer and designation of featured artist.

It is unlawful for a person to manufacture or knowingly sell, distribute, circulate, or cause to be sold, distributed, or circulated, advertise, resell or offer for sale or resale, or cause the sale or resale, or rent or cause the rental, or transport or cause to be transported, or possess for any of these purposes for commercial advantage or private financial gain, a phonograph record, tape, album of phonograph records or tapes, or any other article without the actual name and street address of the manufacturer, and the name of the actual performer or group prominently disclosed on the outside cover, box, or jacket containing the record, tape, album of records or tapes, or any other article. A person who violates this section, upon conviction, must be punished as provided for in Section 16-11-940. A law enforcement officer in this State, when charging a person with a violation of this section, if possible at the time of arrest, shall confiscate any records, tapes, albums, or other articles and, upon conviction of the person, the records, tapes, albums, or other articles must be destroyed.

As used in this section:

(1) “Person” means an individual, partnership, corporation, association, or other legal entity.

(2) “Manufacturer” means a person who actually transfers or causes the transfer of any sound or images recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded or assembles and transfers any product containing such transferred sounds or images as a component of it.

(3) “Article” means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.

CREDIT(S)

HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-940

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-940. Penalties for violations of § 16-11-930.

(A) A person who violates the provisions of Section 16-11-930 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense involves at least one thousand unauthorized articles embodying sound or at least sixty-five unauthorized audio-visual articles, or is a second or subsequent conviction under Section 16-11-930.

(B) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involves more than one hundred but less than one thousand unauthorized articles embodying sound or more than ten but less than sixty-five unauthorized audio-visual articles.

(C) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than twenty-five unauthorized articles embodying sound or not more than ten unauthorized audio-visual articles.

(D) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, in any other case.

(E) If a person is convicted of a violation of Section 16-11-930, the court shall order the forfeiture and destruction or other disposition of all:

(1) infringing articles;

(2) implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.

The penalties provided in this section are not exclusive and are in addition to any other penalties provided by law.

(F) Each violation of Section 16-11-930 constitutes a separate offense.

CREDIT(S)

HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1; 1993 Act No. 184, § 94.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-11-950

Effective:[See Text Amendments]

Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-950. Exceptions.

The provisions of this article do not apply to sounds or calls of wild birds or animals.

CREDIT(S)

HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1.

Current through End of 2012 Reg. Sess.

Code 1976 § 16-13-10

711.4. Extortion

Tags:

30 IA (1.0%)

I.C.A. § 711.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 711. Robbery and Extortion (Refs & Annos)

711.4. Extortion

A person commits extortion if the person does any of the following with the purpose of obtaining for oneself or another anything of value, tangible or intangible, including labor or services:

1. Threatens to inflict physical injury on some person, or to commit any public offense.

2. Threatens to accuse another of a public offense.

3. Threatens to expose any person to hatred, contempt, or ridicule.

4. Threatens to harm the credit or business or professional reputation of any person.

5. Threatens to take or withhold action as a public officer or employee, or to cause some public official or employee to take or withhold action.

6. Threatens to testify or provide information or to withhold testimony or information with respect to another's legal claim or defense.

7. Threatens to wrongfully injure the property of another.

It is a defense to a charge of extortion that the person making a threat other than a threat to commit a public offense, reasonably believed that the person had a right to make such threats in order to recover property, or to receive compensation for property or services, or to recover a debt to which the person has a good faith claim.

Extortion is a class “D” felony.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1104, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

Chapter 943. Crimes Against Property

Tags:

20 WI (1.8%)

W.S.A. 943.34

Effective: December 21, 2011

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.34. Receiving stolen property

(1) Except as provided under s. 948.62, whoever knowingly or intentionally receives or conceals stolen property is guilty of:

(a) A Class A misdemeanor, if the value of the property does not exceed $2,500.

(bf) A Class I felony, if the value of the property exceeds $2,500 but does not exceed $5,000.

(bm) A Class H felony, if the property is a firearm or if the value of the property exceeds $5,000 but does not exceed $10,000.

(2) In any action or proceeding for a violation of sub. (1), a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.35

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.35. Renumbered 948.63 and amended by 1987 Act 332, § 40, eff. July 1, 1989

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

W.S.A. 943.37

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 943. Crimes Against Property (Refs & Annos)

Subchapter III. Misappropriation

943.37. Alteration of property identification marks

Whoever does any of the following with intent to prevent the identification of the property involved is guilty of a Class A misdemeanor:

(1) Alters or removes any identification mark on any log or other lumber without the consent of the owner; or

(2) Alters or removes any identification mark from any receptacle used by the manufacturer of any beverage; or

(3) Alters or removes any manufacturer's identification number on personal property or possesses any personal property with knowledge that the manufacturer's identification number has been removed or altered. Possession of 2 or more similar items of personal property with the manufacturer's identification number altered or removed is prima facie evidence of knowledge of the alteration or removal and of an intent to prevent identification of the property.

(4) Alters or removes livestock brands, recorded under s. 95.11, from any animal without the owner's consent, or possesses any livestock with knowledge that the brand has been altered or removed without the owner's knowledge or consent.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

Chapter 70. Other Offenses Against Property Rights

Tags:

28 OK (1.2%)

21 Okl.St.Ann. § 1831

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 70. Other Offenses Against Property Rights

§ 1831. Taking or injuring saw logs

Any person who shall willfully and without authority take any saw logs that may be on any river or on the land adjoining or near a river, which may have floated down said river, or onto said land, and shall remove or attempt to remove the same, or who shall cut or split such logs or otherwise destroy or injure them, shall be deemed guilty of a misdemeanor, and upon conviction, where the value of the logs exceeds One Hundred Dollars ($100.00), be punished by imprisonment not more than one (1) year nor less than three (3) months, and by fine not to exceed One Hundred ($100.00) and not less than Ten Dollars ($10.00); and where the value of the logs is One Hundred Dollars ($100.00) or less, the punishment shall be by fine not exceeding Eighty Dollars ($80.00) and not less than Twenty Dollars ($20.00).

CREDIT(S)

R.L.1910, § 2752.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1832

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 70. Other Offenses Against Property Rights

§ 1832. Receiving or injuring stolen logs

Any person who shall purchase, receive or secrete saw logs so taken or removed, or who shall cut or otherwise injure logs so taken or removed, knowing them to have been so taken or removed, shall be punished as prescribed in the preceding section. [FN1]

CREDIT(S)

R.L.1910, § 2753.

[FN1] Title 21, § 1831.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1833

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 70. Other Offenses Against Property Rights

§ 1833. Repealed by Laws 1963, c. 220, § 11

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1834

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 70. Other Offenses Against Property Rights

§ 1834. Chattels encumbered by mortgage, conditional sales contract or security agreement--Removal or destruction

Any mortgagor or conditional sales contract vendee or pledgor or debtor under a security agreement of personal property, or his legal representative, who, while such mortgage, security agreement or conditional sales contract remains in force and unsatisfied, conceals, sells, or in any manner disposes of such property, or any part thereof, or removes such property, or any part thereof, beyond the limits of the county, or materially injures or willfully destroys such property, or any part thereof, without the written consent of the holder of such mortgage or conditional sales contract, secured party or pledgee under a security agreement, shall be deemed guilty of a felony, and shall, upon conviction, be punished by imprisonment in the State Penitentiary for a period not exceeding three (3) years or in the county jail not exceeding one (1) year, or by a fine of not to exceed Five Hundred Dollars ($500.00); provided, that the writing containing the consent of the holder of the mortgage or conditional sales contract, secured party or pledgee under a security agreement, as before specified, shall be the only competent evidence of such consent, unless it appears that such writing has been lost or destroyed.

CREDIT(S)

R.L.1910, § 2755; Laws 1957, p. 166, § 1; Laws 1965, c. 105, § 1; Laws 1997, c. 133, § 421, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 307, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1834.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 70. Other Offenses Against Property Rights

§ 1834.1. Sale of secured personal property--Debtor as trustee of funds received

Every debtor owning personal property in this state in which a creditor has a security interest who, with the consent of the secured party or his assignee, shall sell such collateral, or any part thereof, while the security agreement remains in force and unsatisfied, shall be deemed and conclusively held to be the trustee of the funds received upon the sale thereof, for the benefit of such secured party, or assignee, to the extent of the indebtedness secured thereby or any balance due thereof.

CREDIT(S)

Laws 1967, c. 155, § 1, emerg. eff. May 1, 1967.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

Chapter 46. Larceny and Receiving Stolen Goods

Tags:

39 ID (0.5%)

I.C. § 18-4601

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4602

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4603

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4604

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4605

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4606

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4607

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4608

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4609

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4610

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4611

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4612

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4613

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4614

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4615

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§§ 18-4601 to 18-4615. Repealed

I.C. § 18-4616

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4616. Defacing marks on logs or lumber

Every person who cuts out, alters, mutilates, changes, disfigures, or defaces any legally recorded mark or marks made upon any log, lumber, or wood, or re-marks or puts a false mark thereon with intent to prevent the owner from discovering its identity, or places any mark upon, or cuts, saws, manufactures, or in any manner appropriates to his own use, or to the use of any other person, any prize log or timber, is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment. In any prosecution for a violation of the provisions of this section relating to prize logs it shall be sufficient to prove that such logs are prize logs without further proof of ownership.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 15, eff. July 1, 2006.

I.C. § 18-4617

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4617. Stealing rides on trains

Every person who shall, at any place within this state, ride or attempt to ride upon any locomotive engine, railroad car, railroad train, or trains of any character, in or upon any part thereof, for the purpose or with the intent of stealing a ride thereon, or who shall at any place, within this state, climb upon, hold to, or in any manner attach himself to, any locomotive engine or railroad car or railroad train or trains of any character, while the same are in motion, shall be guilty of a misdemeanor: provided, that this section shall not apply to any employee of a railroad company operating such train, locomotive or car, nor to any person operating such train, locomotive or car, nor to any person having business with, or acting under legal authority of, such railroad company.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-4617.

I.C. § 18-4618

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4618. Stealing rides on trains--Authority of conductors and engineers to arrest

Authority is hereby given to and conferred upon railroad conductors and engineers of railroad trains, to immediately arrest, without warrant or other process, any person or persons violating the preceding section, and deliver such persons to any peace officer: provided, that nothing in this section contained shall be construed to restrict the authority or duty of the regular officer within the state of making arrests for said offense.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4619

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4619. Stealing rides--Venue of action

Any person charged with a violation of section 18-4617 may be tried in any county in this state through which such train carrying such person may pass, or in the county in which such violation may have occurred or may be discovered.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4620

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4620. Stealing rides--Punishment

Every person who shall be convicted of a violation of any of the offenses mentioned in section 18-4617 shall be punished by imprisonment in the county jail for a period not exceeding thirty days, or by a fine of not more than $60.00, or by both such fine and imprisonment.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4621

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4621. Stealing electric current--Tampering with meters

Whoever shall without permission or authority of any person, firm or corporation engaged in the generation or distribution of electricity, make connections, or cause connections to be made, by wire or wires or by any other device, with the wires, cables or conductors, or any of them, of any such person, firm or corporation, for the purpose of obtaining or diverting electric current from such wires, cables or conductors; or whoever shall, without permission or authority from any person, firm or corporation using any meter or meters erected or set up for the purpose of registering or recording the amount of electric current supplied to any customer of such person, firm or corporation within this state, connect or cause to be connected by wire or any other device, any such meter or meters, or change or shunt the wiring leading to or from any such meter or meters, or by any device or appliance or means whatsoever tamper with any such meter or meters in such manner that such meter or meters do not measure or record the full amount of electric current supplied to such customer, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding six (6) months, or by both such fine and imprisonment: provided, that nothing herein contained shall be deemed to affect the right of any person, firm or corporation to recover by action in any court of competent jurisdiction damages for any injury done by such unlawful acts.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2005, ch. 359, § 8.

I.C. § 18-4622

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4622. Stealing electric current--Accessories liable as principals

Any person or persons aiding, abetting or counseling the acts, or any of them, mentioned in the preceding section, shall, upon conviction thereof, be equally guilty with the principals and subject to the same penalties.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4623

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4623. Stealing electric current--Evidence of guilt

In all prosecutions under the two (2) preceding sections, proof that any of the acts herein forbidden were done on or about the premises owned or occupied by the defendant charged with the commission of such offense, or that he received the benefit of any such electric current on account of the commission of such acts, shall be prima facie evidence of the guilt of such defendant.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4624

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4624. Taken or converted merchandise as theft

A person steals property and commits theft by the alteration, transfer or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, for the purpose of attempting to purchase such merchandise either personally or in consort with another, at less than the retail price with the intention of depriving the merchant of the value of such merchandise.

CREDIT(S)

S.L. 1980, ch. 336, § 1.

I.C. § 18-4625

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4625. Taken or converted merchandise--Evidence

In any prosecution for a violation of this chapter, photographs of the goods or merchandise alleged to have been taken or converted shall be deemed competent evidence of such goods or merchandise and shall be admissible in any proceeding, hearing or trial to the same extent as if such goods and merchandise had been introduced as evidence. Such photographs shall bear a written description of the goods or merchandise alleged to have been taken or converted, the name of the owner of such goods or merchandise, or the store or establishment wherein the alleged offense occurred, the name of the accused, the name of the arresting peace officer, the date of the photograph and the name of the photographer. Such writing shall be made under oath by the arresting peace officer, and the photographs identified by the signature of the photographer. Upon the filing of such photograph and writing with the authority or court holding such goods and merchandise as evidence, such goods or merchandise shall be returned to their owner, or the proprietor or manager of the store or establishment wherein the alleged offense occurred.

CREDIT(S)

S.L. 1980, ch. 336, § 2.

I.C. § 18-4626

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4626. Willful concealment of goods, wares or merchandise--Defense for detention

(a) Whoever, without authority, willfully conceals the goods, wares or merchandise of any store or merchant, while still upon the premises of such store or merchant, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Goods, wares or merchandise found concealed upon the person shall be prima facie evidence of a willful concealment.

(b) Any owner, his authorized employee or agent of any store or merchant, apprehending or detaining a person on or in the immediate vicinity of the premises of any store or merchant, for the purpose of investigation or questioning as to the ownership of any goods, wares or merchandise, shall have as a defense in any action, civil or criminal, that such detention of the person or persons was in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the owner of the store or merchant, his authorized employee or agent, and that such peace officer, owner, employee or agent had probable cause to believe that the person so detained was committing or attempting to commit an offense as set forth in subsection (a) of this section. “Reasonable time” shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the store or merchant relative to ownership of the merchandise.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1973, ch. 258, § 1; S.L. 2005, ch. 359, § 9.

I.C. § 18-4627

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4627. Transportation of coniferous trees--Proof of ownership required

It shall be unlawful for any person to transport on the highways of this state, outside of incorporated cities, more than two (2) coniferous trees without proof of ownership. Such proof of ownership shall consist of one (1) or more of the following:

(1) A tag designating the grower or producer, and/

or the vendor of the tree; such tag shall be attached firmly to the branches or trunk of the tree;

(2) A permit issued by the proper state or federal agencies which shall specify:

(a) The date of its execution;

(b) The name of the permittee;

(d) The amount or number of trees authorized to be cut.

(3) A bill of sale showing title thereto, which shall specify:

(a) The date of its execution;

(b) The name and address of the vendor or donor of the trees;

(d) The number of trees, by species, sold or transferred by the bill of sale; and

(e) The property from which the trees were taken.

(4) A United States department of agriculture and/

or a state of Idaho marketing service grade inspection tag shall be acceptable as proof of ownership when such tags specify:

(a) The date of inspection;

(b) The name and address of the grower or producer; and

The foregoing provisions do not apply to:

(1) The transportation of trees in the course of transplantation, with their roots intact.

(2) The transportation of logs, poles, pilings or other forest products from which substantially all the limbs and branches have been removed.

(3) The transportation of coniferous trees by the owner of the land from which they were taken or his agent.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-4627.

I.C. § 18-4628

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4628. Transportation of forest products--Proof of ownership required--Exceptions

(a) It shall be unlawful and constitute a misdemeanor for any person, firm, company, or business to transport on the public highways of this state any load of forest products, including coniferous trees, Christmas trees, sawlogs, poles, cedar products, pulp logs, fuelwood, etc., without proof of ownership. Such proof of ownership shall consist of one or more of the following:

(1) A permit, contract, or other legal instrument issued by the landowner or proper state or federal agencies which shall specify:

(a) Date of execution;

(b) Name and address of permittee;

(d) Estimated amount, volume, species, and class of forest products authorized to be cut and removed;

(e) Delivery or scaling point;

(f) Name and address of purchaser of forest products if different than permittee.

(2) A bill of sale showing title thereto, which shall specify:

(a) Date of execution;

(b) Name and address of the vendor or donor of the forest products;

(d) Number, volume, species, and class of forest products sold or transferred by the bill of sale;

(e) Property, legal description, from which the forest products were cut and removed.

(3) A log or product load receipt or ticket issued by the seller (and) is a contract or permit condition authorizing removal of forest products. After scaling, load receipts or tickets shall be acceptable as proof of ownership when such tickets or load receipts specify:

(a) Name of sale and purchaser;

(b) Date load removed;

(d) Sale contract/

permit number;

(e) Number, volume, species and class of forest products covered by the load receipts or tickets.

(b) The foregoing provisions shall not apply to:

(1) Transportation of wood chips, sawdust and bark;

(2) Transportation of forest products by the owner of the land from which forest products were taken or his agent;

(3) Transportation of two (2) or less coniferous trees; or

(4) Transportation of trees in the course of transplantation with their roots intact.

CREDIT(S)

S.L. 1975, ch. 243, § 2; S.L. 1978, ch. 252, § 1.

Codifications: I.C. § 18-4628.

I.C. § 18-4628A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4628A. Penalty for purchase without proof of ownership

It is unlawful and a misdemeanor for any person, firm, company, or business to purchase any load of forest products, including coniferous trees, Christmas trees, sawlogs, poles, cedar products, pulp logs, fuelwood, etc., without proof of ownership as specified in subsection (a) of section 18-4628, Idaho Code, or to fail to retain a copy of that proof of ownership for a period of at least one (1) year from the date of purchase.

CREDIT(S)

S.L. 1978, ch. 252, § 2.

I.C. § 18-4629

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4629. Penalty for transportation of forest products without a permit, contract, bill of sale, or product load receipt

Violation of the provisions of this section 18-4629, Idaho Code, shall constitute a misdemeanor, and upon conviction, be punishable by a fine of not to exceed one thousand dollars ($1, 000), or by imprisonment in the county jail not exceeding six (6) months, or both.

CREDIT(S)

S.L. 1975, ch. 243, § 3; S.L. 2006, ch. 71, § 16, eff. July 1, 2006.

Codifications: I.C. § 18-4629.

I.C. § 18-4630

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4630. Illegal use of documents

It is unlawful for any person, firm, company, or business to use any of the following documents for fraudulent or illegal purposes:

(a) Log or product load receipt or ticket, permit, contract, or other instrument under the transportation of forest products act, sections 18-4627 through 18-4630, Idaho Code;

(b) Certificates of compliance under the Idaho forestry act, sections 38-101 through 38-133, Idaho Code;

Any person, firm, company, or business which knowingly uses any of the above mentioned documents in a fraudulent or illegal manner is guilty of a felony.

CREDIT(S)

S.L. 1978, ch. 252, § 3.

I.C. § 18-4631

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 46. Larceny and Receiving Stolen Goods

§ 18-4631. Forest sabotage--Penalty

(1) Every person who maliciously drives or places, in any tree, saw-log, shingle-bolt or other wood, any iron, steel, ceramic, or other substance sufficiently hard to injure saws, knowing that the tree is intended to be harvested or that the saw-log, shingle-bolt, or other wood is intended to be manufactured into any kind of lumber or other wood product, is guilty of a felony.

(2) Any person who violates the provisons [provisions] of subsection (1) of this section and causes great bodily injury to another person other than an accomplice shall be sentenced to an extended term of imprisonment pursuant to section 19-2520B, Idaho Code.

CREDIT(S)

S.L. 1988, ch. 322, § 1.

Chapter 68. Larceny (Refs & Annos)

Tags:

28 OK (1.2%)

21 Okl.St.Ann. § 1701

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1701. Larceny defined

Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.

CREDIT(S)

R.L.1910, § 2652.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1702

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1702. Larceny of lost property

One who finds lost property under circumstances which gives him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just, is guilty of larceny.

CREDIT(S)

R.L.1910, § 2653.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1703

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1703. Degrees of larceny

Larceny is divided into two degrees; the first of which is termed grand larceny, the second petit larceny.

CREDIT(S)

R.L.1910, § 2654.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1704

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1704. Grand and petit larceny defined

Grand larceny is larceny committed in either of the following cases:

1. When the property taken is of value exceeding Five Hundred Dollars ($500.00).

2. When such property, although not of value exceeding Five Hundred Dollars ($500.00), is taken from the person of another.

Larceny in other cases is petit larceny.

CREDIT(S)

R.L.1910, § 2655; Laws 1982, c. 277, § 4, operative Oct. 1, 1982; Laws 2001, c. 437, § 10, eff. July 1, 2001.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1705

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1705. Grand larceny a felony

Grand larceny is a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years if the value of the property is Five Hundred Dollars ($500.00) or more and if the value of the property is less than Five Hundred Dollars ($500.00) punishable by incarceration in the county jail for not more than one (1) year or by incarceration in the county jail one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a of Title 22 of the Oklahoma Statutes.

CREDIT(S)

R.L.1910, § 2656; Laws 1993, c. 147, § 6, eff. Sept. 1, 1993; Laws 1997, c. 133, § 390, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 282, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1706

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1706. Punishment for petit larceny

Petit larceny shall be punishable by a fine of not less than Ten Dollars ($10.00) or more than Five Hundred Dollars ($500.00), or imprisonment in the county jail not to six (6) months, or by both such fine and imprisonment, at the discretion of the court.

CREDIT(S)

R.L.1910, § 2657; Laws 1993, c. 288, § 1, eff. Sept. 1, 1993.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1707

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1707. Grand larceny in house or vessel a felony

When it appears upon a trial for grand larceny that the larceny alleged was committed in any dwelling house or vessel, the offender shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding eight (8) years.

CREDIT(S)

R.L.1910, § 2658; Laws 1997, c. 133, § 391, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 283, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1708

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1708. Grand larceny in night time from person a felony

When it appears upon such trial, that such larceny was committed by stealing in the night time, from the person of another, the offender shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.

CREDIT(S)

R.L.1910, § 2659; Laws 1997, c. 133, § 392, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 284, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1709

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1709. Larceny of written instrument--Value

If the thing stolen consists of any evidence of debt or other written instrument, the amount of money due thereon or secured to be paid thereby and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum of which might be recovered in the absence thereof, as the case may be, shall be deemed the value of the thing stolen.

CREDIT(S)

R.L.1910, § 2660.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1710

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1710. Larceny of passage ticket--Value

If the thing stolen is any ticket, or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad, or in any vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance shall be deemed the value of such ticket.

CREDIT(S)

R.L.1910, § 2661.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1711

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1711. Securities not yet issued or delivered, larceny of

All the provisions of this article [FN1] shall apply where the property taken is an instrument for the payment of money, evidence of debt, public security or passage ticket, completed and ready to be issued or delivered, though the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner.

CREDIT(S)

R.L.1910, § 2662.

[FN1] R.L.1910, c. 23, art. 50; now, Title 21, § 1701 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1712

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1712. Severed fixture, larceny of

Any fixture or part of realty, the instant it is severed from the realty becomes personal property, and the subject of larceny within the meaning of this article. [FN1]

CREDIT(S)

R.L.1910, § 2663.

[FN1] R.L.1910, c. 23, art. 50; now, Title 21, § 1701 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1713

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1713. Receiving stolen property--Presumption

A. Every person who buys or receives, in any manner, upon any consideration, any personal property of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not to exceed five (5) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed Five Hundred Dollars ($500.00) or by both such fine and imprisonment.

B. Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it shall be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.

CREDIT(S)

R.L.1910, § 2664; Laws 1961, p. 234, § 1, emerg. eff. July 18, 1961; Laws 1997, c. 133, § 393, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 285, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1713.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1713.1. Purchase or receipt of stolen, etc., construction or farm equipment

Every person who buys or receives, in any manner, upon any consideration, any construction equipment or farm equipment of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such construction equipment or farm equipment from the owner, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not more than ten (10) years or by a fine in an amount that is equal to three times the value of the property that was stolen but not more than Five Hundred Thousand Dollars ($500,000.00) or by both such fine and imprisonment and may be ordered to pay restitution pursuant to Section 991f of Title 22 of the Oklahoma Statutes.

CREDIT(S)

Laws 2002, c. 186, § 2, eff. Nov. 1, 2002.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1714

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1714. Fraudulent consumption of gas

Every person who, with intent to defraud, makes or causes to be made, any pipe or other instrument or contrivance, and connects the same, or causes it to be connected, with any pipe laid for conducting illuminating gas, so as to conduct gas to a point where the same may be consumed without its passing through the meter providing for registering the quantity consumed, or in any other manner so as to evade paying therefor, and every person who with like intent injures or alters any gas meter, or obstructs its action, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2665.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1715

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1715. Bringing stolen property into the state

Every person who steals the property of another in any other state or country, and brings the same into this state may be convicted and punished in the same manner as if such larceny had been committed in this state; and such larceny may be charged to have been committed in any town or city into or through which such stolen property has been brought.

CREDIT(S)

R.L.1910, § 2666.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1716

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1716. Theft of domestic animals or implements of husbandry

Any person in this state who shall steal any horse, jackass, jennet, mule, cow, hog, or implement of husbandry, as defined in Section 1-125 of Title 47 of the Oklahoma Statutes shall be guilty of a felony and upon conviction shall be punished by confinement in the State Penitentiary for a term of not less than three (3) years, nor more than ten (10) years; and any person in this state who shall steal any dog, sheep, or goat, shall be guilty of a felony and upon conviction therefor shall be punished by confinement in the State Penitentiary for a term not less than six (6) months, nor more than three (3) years, or by a fine in an amount that is equal to three times the value of animals and machinery that were stolen but not more than Five Hundred Thousand Dollars ($500,000.00), or by both such fine and imprisonment. The word “horse” as used in this section includes all animals of the equine species and the word “cow” includes all animals of bovine species.

CREDIT(S)

R.L.1910, § 2667; Laws 1910-11, c. 92, p. 202, § 1; Laws 1939, p. 13, § 1; Laws 1997, c. 133, § 394, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 286, eff. July 1, 1999; Laws 2002, c. 324, § 1, eff. Nov. 1, 2002.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1717

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1717. Dog as personal property

All animals of the dog kind, whether male or female, shall be considered the personal property of the owner thereof, for all purposes.

CREDIT(S)

R.L.1910, § 2668; Laws 1968, c. 261, § 1, emerg. eff. April 29, 1968.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1718

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1718. Larceny of dogs

The taking of personal property of the kind defined in Section 1717 of this title, accomplished by fraud or stealth, and with the intent to deprive another thereof, is hereby defined as larceny and punishable in the same manner and to the same degree as in larceny of other descriptions of personal property.

CREDIT(S)

R.L.1910, § 2669; Laws 1971, c. 123, § 1, emerg. eff. May 4, 1971.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1719

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1719. Domestic fowls, larceny of--Receiving stolen fowls

Every person who shall take, steal and carry away any domestic fowl, or fowls, and any person purchasing or receiving such domestic fowl, or fowls, knowing them to have been stolen, shall be guilty of grand larceny, regardless of the value thereof, and upon conviction shall be punished by imprisonment in the State Penitentiary not exceeding five (5) years, or by a fine not exceeding Two Hundred Dollars ($200.00), or by confinement in the county jail not exceeding two (2) months, or by both such fine and imprisonment.

CREDIT(S)

Laws 1915, c. 55, § 1; Laws 1929, c. 20, p. 17, § 1; Laws 1997, c. 133, § 395, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 287, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1719.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1719.1. Larceny of certain fish and game

A. For the purpose of this section:

1. “Domesticated fish or game” means all birds, mammals, fish and other aquatic forms and all other animals, regardless of classifications, whether resident, migratory or imported, protected or unprotected, dead or alive, and shall extend to and include every part of any individual species when such domesticated fish or game are not in the wild and are in the possession of a person currently licensed to possess such fish or game; and

2. “Taking” means the pursuing, killing, capturing, trapping, snaring and netting of domesticated fish or game or placing, setting, drawing or using any net, trap or other device for taking domesticated fish or game and includes specifically every attempt to take such domesticated fish or game.

B. Any domesticated fish or game shall be considered the personal property of the owner.

C. Any person who shall take any domesticated fish or game, with the intent to deprive the owner of said fish or game, and any person purchasing or receiving such domesticated fish or game knowing them to have been stolen, shall:

1. Upon conviction, if the current market value of said domesticated fish or game is less than Five Hundred Dollars ($500. 00), be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed sixty (60) days, or by both such fine and imprisonment; or

2. Upon conviction, if the current market value of said domesticated fish or game is One Thousand Dollars ($1,000. 00) or more, be guilty of a felony and shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not more than five (5) years, or by both such fine and imprisonment. If the current market value is Five Hundred Dollars ($500.00) or more but less than One Thousand Dollars ($1,000.00), the person shall be guilty of a felony and shall be punished by incarceration in the county jail for not more than one (1) year or by incarceration in the county jail one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a of Title 22 of the Oklahoma Statutes.

CREDIT(S)

Laws 1987, c. 160, § 1, emerg. eff. June 25, 1987; Laws 1993, c. 147, § 7, eff. Sept. 1, 1993; Laws 1993, c. 288, § 3, eff. Sept. 1, 1993; Laws 1997, c. 133, § 396, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 288, eff. July 1, 1999; Laws 2001, c. 437, § 11, eff. July 1, 2001.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1719.2

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1719.2. Taking, stealing or carrying away exotic livestock--Penalties--Definition

A. Any person who shall take, steal or carry away any exotic livestock, any person purchasing or receiving such exotic livestock, knowing them to have been stolen, shall be deemed guilty of grand larceny, regardless of the value thereof, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary not exceeding ten (10) years, or by a fine not exceeding Twenty Thousand Dollars ($20,000.00) or by both such fine and imprisonment.

B. For purposes of this section the term “exotic livestock” means commercially raised exotic livestock including animals of the families bovidae, cervidae and antilocapridae or birds of the ratite group.

CREDIT(S)

Laws 1993, c. 36, § 6, eff. July 1, 1993; Laws 1997, c. 133, § 397, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 289, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1720

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1720. Aircraft, automobile or other automotive driven vehicle, construction equipment or farm equipment

Any person in this state who shall steal an aircraft, automobile or other automotive driven vehicle, construction equipment or farm equipment, shall be guilty of a felony, and upon conviction shall be punished by confinement in the State Penitentiary for a term of not less than three (3) years, nor more than twenty (20) years or by a fine in an amount that is equal to three times the value of the property that was stolen but not more than Five Hundred Thousand Dollars ($500,000.00) or by both such fine and imprisonment and shall be ordered to pay restitution pursuant to Section 991f of Title 22 of the Oklahoma Statutes.

CREDIT(S)

Laws 1919, c. 102, p. 155, § 1; Laws 1945, p. 96, § 1; Laws 1997, c. 133, § 398, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 290, eff. July 1, 1999; Laws 2002, c. 186, § 1, eff. Nov. 1, 2002.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1721

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1721. Tapping pipeline

Any person who shall unlawfully make or cause to be made any connection with or in any way tap or cause to be tapped, or drill or cause to be drilled a hole in any pipe or pipeline or tank laid or used for the conduct or storage of crude oil, naphtha, gas or casinghead gas, or any of the manufactured or natural products thereof, with intent to deprive the owner thereof of any of said crude oil, naphtha, gas, casinghead gas or any of the manufactured or natural products thereof, shall be guilty of a felony, and upon conviction the person shall be punished by forfeiture of the instrumentality of the crime and by a fine of not less than One Hundred Dollars ($100.00), and not more than Fifty Thousand Dollars ($50,000.00), or confinement in the State Penitentiary for a term of not less than one (1) year nor more than ten (10) years, or by both such fine and imprisonment.

CREDIT(S)

Laws 1925, c. 105, p. 153, § 1; Laws 1982, c. 219, § 1, emerg. eff. April 29, 1982; Laws 1997, c. 133, § 399, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 291, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1722

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1722. Taking oil, gas, gasoline or any product thereof--When misdemeanor or felony

Any person who shall unlawfully take any crude oil or gasoline, or any product thereof, from any pipe, pipeline, tank, tank car, or other receptacle or container and any person who shall unlawfully take or cause to be taken any machinery, drilling mud, equipment or other materials necessary for the drilling or production of oil or gas wells, with intent to deprive the owner or lessee thereof of said crude oil, gas, gasoline, or any product thereof, machinery, drilling mud, equipment or other materials necessary for the drilling or production of oil or gas wells shall:

1. Be guilty of a misdemeanor if the value of said product so taken is less than Five Hundred Dollars ($500. 00), and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed sixty (60) days, or by both such fine and imprisonment;

2. Be guilty of a felony if the value of such product so taken is One Thousand Dollars ($1,000.00) or more and upon conviction thereof, shall be punished by forfeiture of the instrumentality of the crime and by a fine of not less than One Hundred Dollars ($100.00), and not more than Fifty Thousand Dollars ($50,000.00), or by imprisonment in the State Penitentiary for a term in the range of one (1) year to ten (10) years, or by both such fine and imprisonment. If the value exceeds Five Hundred Dollars ($500.00) but is less than One Thousand Dollars ($1,000.00), the person shall be guilty of a felony and shall be punished by incarceration in the county jail for a term of not more than one (1) year or by incarceration in the county jail one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a of Title 22 of the Oklahoma Statutes.

CREDIT(S)

Laws 1925, c. 105, p. 153, § 2; Laws 1937, p. 14, § 1; Laws 1982, c. 219, § 2, emerg. eff. April 29, 1982; Laws 1982, c. 277, § 5, operative Oct. 1, 1982; Laws 1993, c. 147, § 8, eff. Sept. 1, 1993; Laws 1993, c. 288, § 4, eff. Sept. 1, 1993; Laws 1997, c. 133, § 400, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 292, eff. July 1, 1999; Laws 2001, c. 437, § 12, eff. July 1, 2001.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1723

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1723. Larceny from the house

Any person entering and stealing any money or other thing of value from any house, railroad car, tent, booth or temporary building shall be guilty of larceny from the house. Larceny from the house is a felony.

CREDIT(S)

Laws 1937, p. 14, § 1; Laws 1997, c. 133, § 401, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1724

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1724. Larceny from the house a felony

Any person convicted of larceny from the house shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a period of time not to exceed five (5) years.

CREDIT(S)

Laws 1937, p. 14, § 2; Laws 1997, c. 133, § 402, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 293, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1725

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1725. Repealed by Laws 1971, c. 119, § 2-607, emerg. eff. April 28, 1971

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1726

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1726. Mercury--Possession of more than one pound without written evidence of title--Penalty--Defenses

A. Any person who may be found in this state with more than one (1) pound of mercury in his possession, and who does not have valid written evidence of his title to such mercury, shall be guilty of a felony and upon conviction thereof shall be punishable by imprisonment in the State Penitentiary for a term not less than one (1) year nor more than five (5) years, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

B. It shall be a defense to any charge under this section that the person so charged (1) is a bona fide miner or processor of mercury or (2) that the mercury possessed by such person is, while in his possession, an integral part of a tool, instrument, or device used for a beneficial purpose. In any complaint, information, or indictment brought under this section, it shall not be necessary to negative any exception, excuse, exemption, or defense provided in this section, and the burden of proof of any such exception, excuse, exemption or defense shall be upon the defendant.

CREDIT(S)

Laws 1963, c. 80, § 1, emerg. eff. May 21, 1963; Laws 1997, c. 133, § 403, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 294, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1727

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1727. Copper--Stealing or removing--Penalties

Any person who shall enter upon any premises, easement, or right of way with intent to steal or remove without the consent of the owner, or with intent to aid or assist in stealing or removing any copper wire, copper cable, or copper tubing from and off of any appurtenance on such premises, easement, or right of way shall be guilty of a felony and upon conviction shall be punished by confinement in the State Penitentiary for not less than one (1) year nor more than five (5) years, or by confinement in the county jail for not less than ninety (90) days nor more than two hundred (200) days, or shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

CREDIT(S)

Laws 1967, c. 105, § 1, emerg. eff. April 24, 1967; Laws 1997, c. 133, § 404, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 295, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1728

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1728. Possessing, receiving or transporting stolen copper--Penalty

Any person who shall receive, transport, or possess in this state stolen copper wire, copper cable, or copper tubing under such circumstances that he knew or should have known that the same was stolen shall upon conviction thereof be guilty of a felony and shall be confined in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years, or shall be confined in the county jail for not less than ninety (90) days nor more than two hundred (200) days, or shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or both such fine and imprisonment.

CREDIT(S)

Laws 1967, c. 105, § 2, emerg. eff. April 24, 1967; Laws 1997, c. 133, § 405, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 296, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1729

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1729. Repealed by Laws 1978, c. 29, § 1, eff. Oct. 1, 1978

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1730

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1730. Act as cumulative--Definitions

This act [FN1] shall be cumulative of all laws of the state and any violation hereof may be prosecuted, irrespective of whether or not the acts complained of constitute any or some of the essential elements of other or different offenses against the penal laws of this state; and for the purposes of this act the word “stolen” or “steal” shall mean larceny as defined by 21 O.S.1961, § 1701, and the word “stolen” or “steal” need not be defined in any indictment, complaint, or information for the prosecution of any offense hereunder.

CREDIT(S)

Laws 1967, c. 105, § 4, emerg. eff. April 24, 1967.

[FN1] Title 21, § 1727 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1731

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1731. Larceny of merchandise from retailer or wholesaler--Punishment--Recidivists

Larceny of merchandise held for sale in retail or wholesale establishments shall be punishable as follows:

1. For the first conviction, in the event the value of the goods, edible meat or other corporeal property which has been taken is less than Five Hundred Dollars ($500.00), the violator shall be punishable by imprisonment in the county jail for a term not exceeding thirty (30) days, and by a fine not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00); provided for the first conviction, in the event more than one item of goods, edible meat or other corporeal property has been taken, punishment shall be by imprisonment in the county jail for a term not to exceed thirty (30) days, and by a fine not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).

2. If it be shown, in the trial of a case in which the value of the goods, edible meat or other corporeal property is less than Five Hundred Dollars ($500.00), that the defendant has been once before convicted of the same offense, the defendant shall, on a second conviction, be punished by confinement in the county jail for a term of not less than thirty (30) days nor more than one (1) year, and by a fine not exceeding One Thousand Dollars ($1,000.00).

3. If it be shown, upon the trial of a case where the value of the goods, edible meat or other corporeal personal property is less than Five Hundred Dollars ($500.00), that the defendant has two or more times before been convicted of the same offense, regardless of the value of the goods, edible meat or other corporeal personal property involved in the first two convictions, upon the third or any subsequent conviction, the punishment shall be imprisonment in the State Penitentiary for a term of not less than two (2) nor more than five (5) years.

4. In the event the value of the goods, edible meat or other corporeal property is Five Hundred Dollars ($500.00) or more, but is less than One Thousand Dollars ($1,000.00), the defendant shall be guilty of a felony and shall be punished by imprisonment in the county jail for a term of not more than one (1) year or by imprisonment in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a of Title 22 of the Oklahoma Statutes.

5. In the event the value of the goods, edible meat or other corporeal property is One Thousand Dollars ($1,000.00) or more, punishment shall be imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years.

CREDIT(S)

Laws 1967, c. 255, § 1, emerg. eff. May 8, 1967; Laws 1968, c. 268, § 1, emerg. eff. April 30, 1968; Laws 1982, c. 277, § 6, operative Oct. 1, 1982; Laws 1993, c. 147, § 9, eff. Sept. 1, 1993; Laws 1997, c. 133, § 406, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 297, eff. July 1, 1999; Laws 2001, c. 437, § 13, eff. July 1, 2001.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1731.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1731.1. Shoplifting--Civil liabilities--Public service in lieu of damages--Limitations--Jurisdiction

A. As used in this section:

1. “Merchant” means an owner or operator of any mercantile establishment, and includes the merchant's employees, servants, security agents or other agents;

2. “Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale;

3. “Unemancipated minor” means any unmarried person under eighteen (18) years of age under direct supervision and care of the parent or legal guardian of the minor; and

4. “Emancipated minor” means any person under eighteen (18) who is married and/

or not under direct supervision and care of the parent or legal guardian of the minor.

B. An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller, or merchant and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof, shall be liable in a civil action for the retail price of the merchandise if it is unsalable or the percentage of the diminished value of the merchandise due to the conversion together with attorney fees and court costs.

C. The parent or legal guardian having custody of an unemancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller, or merchant, and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof shall be liable in a civil action for the retail price of the merchandise if it is unsalable or the percentage of the diminished value of the merchandise due to the conversion together with attorney fees and court costs.

D. An adult, emancipated minor or unemancipated minor against whom judgment is rendered for taking possession of any goods, wares or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller or merchant and with the intention of converting such goods, wares or merchandise to his or her own use without having paid the purchase price thereof, may also be required to pay exemplary damages.

E. In lieu of the exemplary damages prescribed by subsection D of this section, any adult, emancipated minor or unemancipated minor against whom a judgment for exemplary damages has been rendered hereunder may be required to perform public services designated by the court; provided, that in no event shall any such person be required to perform less than the number of hours of such public service necessary to satisfy the damages assessed by the court at the federal minimum wage prevailing in the state at the time of judgment, but in no case less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).

F. The provisions of this section are in addition to criminal penalties and other civil remedies and shall not limit merchants or other persons from electing to pursue criminal penalties and other civil remedies, so long as a double recovery does not result.

G. For the purpose of this section, liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for the minor child pursuant to court order or action of the Department of Human Services.

H. Notwithstanding any other provision of law, a civil action or proceeding pursuant to this section may be commenced at any time within two (2) years after the conduct in violation of a provision of this section terminates or the cause of action accrues. If a criminal prosecution is brought by the state or by the United States to punish, prevent, or restrain any criminal action contained or described in this section, the running of the period of limitations prescribed by this section shall be suspended during the pendency of such prosecution, action, or proceeding and for one (1) year following its termination or conclusion.

I. An action for recovery of damages, pursuant to this section, may be brought in the small claims division of the district court where the damages sought are within the jurisdictional limits of the court, or in any other appropriate court.

CREDIT(S)

Laws 1990, c. 161, § 1, eff. Nov. 1, 1990.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1732

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1732. Larceny of trade secrets--Applicability of section

A. Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another:

(a) steals or embezzles an article representing a trade secret, or,

(b) without authority makes or causes to be made a copy of an article representing a trade secret,

shall be guilty of larceny under Section 1704 of this title. For purposes of determining whether such larceny is grand larceny or petit larceny under this section, the value of the trade secret and not the value of the article shall be controlling.

B. (a) The word “article” means any object, material, device, customer list, business records, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, information stored in any computer-related format, or map.

(b) The word “representing” means describing, depleting, containing, constituting, reflecting or recording.

(c) The term “trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, customer list, business records or process, that:

1. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

(d) The word “copy” means any facsimile, replica, photograph or other reproduction of an article, including copying, transferring and e-mailing of computer data, and any note, drawing or sketch made of or from an article.

C. In a prosecution for a violation of this act, [FN1] it shall be no defense that the person so charged returned or intended to return the article so stolen, embezzled or copied.

D. The provisions of this section shall not apply if the person acted in accordance with a written agreement with the person's employer that specified the manner in which disputes involving clients are to be resolved upon termination of the employer-employee relationship.

CREDIT(S)

Laws 1968, c. 110, §§ 1 to 3, emerg. eff. April 1, 1968; Laws 1986, c. 85, § 12, eff. Nov. 1, 1986; Laws 2009, c. 287, § 1, eff. Nov. 1, 2009.

[FN1]Title 21, § 1701 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1733

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§§ 1733 to 1736. Repealed by Laws 1978, c. 30, § 1, eff. Oct. 1, 1978

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1734

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§§ 1733 to 1736. Repealed by Laws 1978, c. 30, § 1, eff. Oct. 1, 1978

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1735

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§§ 1733 to 1736. Repealed by Laws 1978, c. 30, § 1, eff. Oct. 1, 1978

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1736

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§§ 1733 to 1736. Repealed by Laws 1978, c. 30, § 1, eff. Oct. 1, 1978

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1737

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1737. Larceny of cable, information, or telecommunications services

A. Any person who:

1. Shall knowingly obtain or attempt to obtain cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service from another by means, artifice, trick, deception, or device without the payment to the operator of said service of all lawful compensation for each type of service obtained; or

2. Shall knowingly assist or instruct any other person in obtaining or attempting to obtain cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without the payment to the operator of all lawful compensations; or

3. Shall knowingly tamper or otherwise interfere with or connect to by any means, whether mechanical, electrical, acoustical, or other means, any cables, wires, or other devices used for the distribution of cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without authority from the operator of said service; or

4. Shall knowingly manufacture, import into this state, distribute, sell, offer for sale, rental, or use, possess for sale, rental, or use, or advertise for sale, rental, or use any device of any description, or any plan, or kit for a device, designed in whole or in part to facilitate the doing of any of the acts specified in paragraphs 1, 2 and 3 of this subsection;

shall be guilty, upon conviction, of the misdemeanor of larceny of cable television, cable, information, or telecommunications service or tampering with cable television, cable, information, or telecommunications service, which offenses are punishable by imprisonment in the county jail for not more than six (6) months or by a fine not exceeding One Thousand Dollars ($1,000.00), or both said fine and imprisonment.

B. In any prosecution as set forth in subsection A of this section, the existence on the property and in the actual possession of the accused, of (1) any connection, wire, conductor, or any device whatsoever, which is connected in such a manner as would appear to permit the use of cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without the same being reported for payment to and specifically authorized by the operator of the cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service or (2) the existence on the property and in the actual possession of the accused, in quantities or volumes suggesting possession for resale, of any device designed in whole or in part to facilitate the performance of any of the illegal acts mentioned in subsection A of this section shall be prima facie evidence of intent to violate and of the violation of the provisions of subsection A of this section by the accused.

C. Any person who violates the provisions of this section shall be liable to the franchised or otherwise duly licensed cable television system, information service provider, or other telecommunications service or equipment provider for the greater of the following amounts:

1. Two Thousand Five Hundred Dollars ($2,500.00); or

2. Three times the amount of actual damages, if any, sustained by the plaintiff, plus reasonable attorneys fees.

D. Any franchised or otherwise duly licensed cable television system, information service provider, or other telecommunications service or equipment provider may bring an action to enjoin and restrain any violation of the provisions of this section or an action of conversion, or both, and may in the same action seek damages as provided for in subsection C of this section.

E. It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages.

F. The provisions of this section shall not be construed or otherwise interpreted to prohibit an individual from owning or operating a device commonly known as a “satellite receiving dish” for the purpose of receiving and utilizing satellite-relayed television signals for his own use .

CREDIT(S)

Laws 1978, c. 147, § 1; Laws 1983, c. 133, § 1, operative Oct. 1, 1983; Laws 2000, c. 128, § 1, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1738

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1738. Seizure and forfeiture proceedings--Vehicles, airplanes, vessels, etc. used in attempt or commission of certain crimes

A. 1. Any commissioned peace officer of this state is authorized to seize any equipment, vehicle, airplane, vessel or any other conveyance that is used in the commission of any armed robbery offense defined in Section 801 of this title, used to facilitate the intentional discharge of any kind of firearm in violation of Section 652 of this title, used in violation of the Trademark Anti-Counterfeiting Act, used in the attempt or commission of any act of burglary in the first or second degree, motor vehicle theft, unauthorized use of a vehicle, obliteration of distinguishing numbers on vehicles or criminal possession of vehicles with altered, removed or obliterated numbers as defined by Sections 1431, 1435, 1716, 1719 and 1720 of this title or Sections 4-104 and 4-107 of Title 47 of the Oklahoma Statutes, used in the commission of any arson offense defined in Section 1401, 1402, 1403, 1404 or 1405 of this title, used in any manner to facilitate or participate in the commission of any human trafficking offense in violation of Section 748 of this title, or used by any defendant when such vehicle or other conveyance is used in any manner by a prostitute, pimp or panderer to facilitate or participate in the commission of any prostitution offense in violation of Sections 1028, 1029 or 1030 of this title; provided, however, that the vehicle or conveyance of a customer or anyone merely procuring the services of a prostitute shall not be included.

2. No conveyance used by a person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to the unlawful use of the conveyance in violation of this section.

3. No conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of such owner, and if the act is committed by any person other than such owner, the owner shall establish further that the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state.

B. In addition to the property described in subsection A of this section, the following property is also subject to forfeiture pursuant to this section:

1. Property used in the commission of theft of livestock or in any manner to facilitate the theft of livestock;

2. The proceeds gained from the commission of theft of livestock;

3. Personal property acquired with proceeds gained from the commission of theft of livestock;

4. All conveyances, including aircraft, vehicles or vessels, and horses or dogs which are used to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock;

5. Any items having a counterfeit mark and all property that is owned by or registered to the defendant that is employed or used in connection with any violation of the Trademark Anti-Counterfeiting Act;

6. Any weapon possessed, used or available for use in any manner during the commission of a felony within the State of Oklahoma, or any firearm that is possessed by a convicted felon;

7. Any police scanner used in violation of Section 1214 of this title;

8. Any computer and its components and peripherals, including but not limited to the central processing unit, monitor, keyboard, printers, scanners, software, and hardware, when it is used in the commission of any crime in this state;

9. All property used in the commission of, or in any manner to facilitate, a violation of Section 1040.12a of this title;

10. All conveyances, including aircraft, vehicles or vessels, monies, coins and currency, or other instrumentality used or intended to be used, in any manner or part, to commit a violation of paragraph 1 of subsection A of Section 1021 of this title, where the victim of the crime is a minor child, subsection B of Section 1021 of this title, Section 1021.2 of this title, paragraph 1 of subsection A of Section 1111 of this title, or paragraphs 2 and 3 of subsection A of Section 1123 of this title;

11. All conveyances, including aircraft, vehicles or vessels, monies, coins and currency, or other instrumentality used in any manner or part, to commit any violation of the provisions set forth in Section 748 of this title;

12. Any and all property used in any manner or part to facilitate, participate or further the commission of a human trafficking offense in violation of Section 748 of this title, and all property, including monies, real estate, or any other tangible assets or property of or derived from or used by a prostitute, pimp or panderer in any manner or part to facilitate, participate or further the commission of any prostitution offense in violation of Sections 1028, 1029 or 1030 of this title; provided, however, any monies, real estate or any other tangible asset or property of a customer or anyone merely procuring the services of a prostitute shall not be included; and

13. Any vehicle, airplane, vessel, or parts of a vehicle whose numbers have been removed, altered or obliterated so as to prevent determination of the true identity or ownership of said property and parts of vehicles which probable cause indicates are stolen but whose true ownership cannot be determined.

C. Property described in subsection A or B of this section may be held as evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this section may be brought by the district attorney in the proper county of venue as petitioner; provided, in the event the district attorney elects not to file such action, or fails to file such action within ninety (90) days of the date of the seizure of such equipment, the property shall be returned to the owner.

D. Notice of seizure and intended forfeiture proceeding shall be filed in the office of the clerk of the district court for the county wherein such property is seized and shall be given all owners and parties in interest.

E. Notice shall be given according to one of the following methods:

1. Upon each owner or party in interest whose right, title, or interest is of record in the Oklahoma Tax Commission or with the county clerk for filings under the Uniform Commercial Code, [FN1] served in the manner of service of process in civil cases prescribed by Section 2004 of Title 12 of the Oklahoma Statutes;

2. Upon each owner or party in interest whose name and address is known, served in the manner of service of process in civil cases prescribed by Section 2004 of Title 12 of the Oklahoma Statutes; or

3. Upon all other owners, whose addresses are unknown, but who are believed to have an interest in the property by one publication in a newspaper of general circulation in the county where the seizure was made.

F. Within sixty (60) days after the mailing or publication of the notice, the owner of the property and any other party in interest or claimant may file a verified answer and claim to the property described in the notice of seizure and of the intended forfeiture proceeding.

G. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of the unlawful use and may order the property forfeited to the state, if such fact is proven.

H. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.

I. At the hearing the petitioner shall prove by clear and convincing evidence that property was used in the attempt or commission of an act specified in subsection A of this section or is property described in subsection B of this section with knowledge by the owner of the property.

J. The claimant of any right, title, or interest in the property may prove the lien, mortgage, or conditional sales contract to be bona fide and that the right, title, or interest created by the document was created without any knowledge or reason to believe that the property was being, or was to be, used for the purpose charged.

K. In the event of such proof, the court may order the property released to the bona fide or innocent owner, lien holder, mortgagee, or vendor if the amount due such person is equal to, or in excess of, the value of the property as of the date of the seizure, it being the intention of this section to forfeit only the right, title, or interest of the purchaser, except for items bearing a counterfeit mark or used exclusively to manufacture a counterfeit mark.

L. If the amount due to such person is less than the value of the property, or if no bona fide claim is established, the property may be forfeited to the state and may be sold pursuant to judgment of the court, as on sale upon execution, and as provided in Section 2-508 of Title 63 of the Oklahoma Statutes, except as otherwise provided for by law and for property bearing a counterfeit mark which shall be destroyed.

M. Property taken or detained pursuant to this section shall not be repleviable, but shall be deemed to be in the custody of the petitioner or in the custody of the law enforcement agency as provided in the Trademark Anti-Counterfeiting Act. Except for property required to be destroyed pursuant to the Trademark Anti-Counterfeiting Act, the petitioner shall release said property to the owner of the property if it is determined that the owner had no knowledge of the illegal use of the property or if there is insufficient evidence to sustain the burden of showing illegal use of such property. If the owner of the property stipulates to the forfeiture and waives the hearing, the petitioner may determine if the value of the property is equal to or less than the outstanding lien. If such lien exceeds the value of the property, the property may be released to the lien holder. Property which has not been released by the petitioner shall be subject to the orders and decrees of the court or the official having jurisdiction thereof.

N. The petitioner, or the law enforcement agency holding property pursuant to the Trademark Anti-Counterfeiting Act, shall not be held civilly liable for having custody of the seized property or proceeding with a forfeiture action as provided for in this section.

O. Attorney fees shall not be assessed against the state or the petitioner for any actions or proceeding pursuant to Section 1701 et seq. of this title.

P. The proceeds of the sale of any property shall be distributed as follows, in the order indicated:

1. To the bona fide or innocent purchaser, conditional sales vendor, or mortgagee of the property, if any, up to the amount of such person's interest in the property, when the court declaring the forfeiture orders a distribution to such person;

2. To the payment of the actual reasonable expenses of preserving the property;

3. To the victim of the crime to compensate said victim for any loss incurred as a result of the act for which such property was forfeited; and

4. The balance to a revolving fund in the office of the county treasurer of the county wherein the property was seized, to be distributed as follows: one-third (1/

3) to the investigating law enforcement agency; one-third (1/

3) of said fund to be used and maintained as a revolving fund by the district attorney to be used to defray any lawful expenses of the office of the district attorney; and one-third (1/

3) to go to the jail maintenance fund, with a yearly accounting to the board of county commissioners in whose county the fund is established. If the petitioner is not the district attorney, then the one-third (1/

3) which would have been designated to that office shall be distributed to the petitioner. Monies distributed to the jail maintenance fund shall be used to pay costs for the storage of such property if such property is ordered released to a bona fide or innocent owner, lien holder, mortgagee, or vendor and if such funds are available in said fund.

Q. If the court finds that the property was not used in the attempt or commission of an act specified in subsection A of this section and was not property subject to forfeiture pursuant to subsection B of this section and is not property bearing a counterfeit mark, the court shall order the property released to the owner as the right, title, or interest appears on record in the Tax Commission as of the seizure.

R. No vehicle, airplane, or vessel used by a person as a common carrier in the transaction of business as a common carrier shall be forfeited pursuant to the provisions of this section unless it shall be proven that the owner or other person in charge of such conveyance was a consenting party or privy to the attempt or commission of an act specified in subsection A or B of this section. No property shall be forfeited pursuant to the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of such owner, and by any person other than such owner while such property was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state.

S. Whenever any property is forfeited pursuant to this section, the district court having jurisdiction of the proceeding may order that the forfeited property may be retained for its official use by the state, county, or municipal law enforcement agency which seized the property.

CREDIT(S)

Laws 1987, c. 55, § 1, emerg. eff. April 30, 1987; Laws 1991, c. 50, § 1, eff. Sept. 1, 1991; Laws 1992, c. 64, § 3, eff. Sept. 1, 1992; Laws 1992, c. 382, § 2, emerg. eff. June 9, 1992; Laws 1993, c. 65, § 1, eff. Sept. 1, 1993; Laws 1999, c. 54, § 4, eff. July 1, 1999; Laws 2000, c. 137, § 1, eff. Nov. 1, 2000; Laws 2001, c. 386, § 4, eff. July 1, 2001; Laws 2002, c. 460, § 13, eff. Nov. 1, 2002; Laws 2008, c. 438, § 4, eff. July 1, 2008; Laws 2009, c. 2, § 5, emerg. eff. March 12, 2009; Laws 2010, c. 325, § 3, emerg. eff. June 5, 2010; Laws 2011, c. 132, § 1, eff. Nov. 1, 2011.

[FN1] Title 12A, § 1-101 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1739

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1739. Library theft

A. As used in this section:

1. “Library facility” means any:

a. public library; or

b. library of an educational, historical or eleemosynary institution, organization, or society; or

c. museum; or

d. repository of public or institutional records.

2. “Library material” means any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, catalog cards or catalog records, electronic data processing records, computer software, artifacts, or other documentary, written or printed materials regardless of physical form or characteristics, belonging or on loan to, or otherwise in the custody of a library facility.

3. “Demand” means either actual notice to the possessor of any library materials or the mailing of written notice to the possessor at the last address of record which the library facility has for said person, demanding the return of designated library materials. If demand is made by mail it shall be deemed to have been given as of the date the notice is mailed by the library facility.

B. Any person shall be guilty, upon conviction, of library theft who willfully:

1. Removes or attempts to remove any library material from the premises of a library facility without authority; or

2. Mutilates, destroys, alters or otherwise damages, in whole or in part, any library materials; or

3. Fails to return any library materials which have been lent to said person by the library facility, within seven (7) days after demand has been made for the return of the library materials.

C. A person convicted of library theft shall be guilty of a misdemeanor and shall be subject to the fine and restitution provisions of this subsection but shall not be subject to imprisonment. The punishment for conviction of library theft shall be:

1. If the aggregate value of the library material is Five Hundred Dollars ($500.00) or less, by fine not exceeding One Thousand Dollars ($1,000.00), or the offender shall make restitution to the library facility, including payment of all related expenses incurred by the library facility as a result of the actions of the offender, or both such fine and restitution; or

2. If the aggregate value of the library material is greater than Five Hundred Dollars ($500.00), by fine not exceeding Ten Thousand Dollars ($10,000.00), or the offender shall make restitution to the library facility, including payment of all expenses incurred by the library facility as a result of the actions of the offender, or both such fine and restitution.

D. Copies of the provisions of this section shall be posted on the premises of each library facility.

CREDIT(S)

Laws 1988, c. 112, § 1, eff. Nov. 1, 1988.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1740

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1740. Pump Pirates Act

Any person who pumps gasoline into the gasoline tank of a vehicle and leaves the premises where the gasoline was pumped without making payment for the gasoline shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or confinement in the county jail for a period of not more than sixty (60) days, or by both such fine and imprisonment.

CREDIT(S)

Laws 1997, c. 148, § 2, eff. Nov. 1, 1997; Laws 2005, c. 21, § 1, eff. Nov. 1, 2005.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1740.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1740.1. Dimensional stone product--Stealing or removing

A. It shall be unlawful for any person to enter upon any premises with intent to steal or remove without the consent of the owner, or with intent to aid or assist in stealing or removing any dimensional stone product. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year, or by a fine of not less than One Thousand Dollars ($1,000.00) but not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.

B. As used in this section, “dimensional stone product” means any natural rock material quarried for the purpose of obtaining blocks or slabs that meet specifications as to size and shape. Varieties of dimensional stone shall include, but not be limited to, granite, limestone, marble, sandstone or slate.

CREDIT(S)

Laws 2009, c. 54, § 1, eff. Nov. 1, 2009.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1741

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1741. Unlawful Use of a Recording Device--Definitions--Violations--Penalties--Liability--Exclusions--Other laws

A. This act shall be known as and may be cited as the “Unlawful Use of a Recording Device Act”.

B. As used in the Unlawful Use of a Recording Device Act:

1. “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed; and

2. “Facility” does not include a personal residence.

C. Any person, where a motion picture is being exhibited, who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of the facility and of the licensor of the motion picture being exhibited shall be guilty of unlawful use of a recording device and shall be punished by imprisonment in the county jail for a term not to exceed one (1) year, by a fine not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

D. The owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of said owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken in good faith by said owner, lessee, licensor, agent or employee to detain, identify, or collect evidence from a person believed to have violated this section while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that the measures were manifestly unreasonable or the period of detention was unreasonably long.

E. This act shall not prevent any lawfully authorized investigative, law enforcement protective, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any facility where a motion picture is being exhibited, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.

F. This act shall not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales purposes.

G. Nothing in this section shall be construed to prevent prosecution for any act of recording or transmitting under any other provision of law providing for greater penalty.

CREDIT(S)

Laws 2004, c. 122, § 1, eff. July 1, 2004.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1742.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1742.1. Telephone records--Definitions

As used in this act: [FN1]

1. “Telephone record” means information retained by a telephone company that relates to the telephone number dialed by the customer or any other person using the telephone of the customer with the permission of the customer, or the incoming number of a call directed to a customer or any other person using the telephone of the customer with the permission of the customer, or other data related to such calls typically contained on a customer telephone bill such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. For purposes of this act, any information collected and retained by or on behalf of a customer utilizing a Caller I.D. or equivalent service, or other similar technology, does not constitute a telephone record;

2. “Telephone company” means any person that provides commercial telephone services to a customer, irrespective of the communications technology used to provide such service including, but not limited to, traditional wireline or cable telephone service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite, or other terrestrial telephone service; and voice over Internet telephone service;

3. “Telephone” means any device used by a person for voice communications, in connection with the services of a telephone company, whether such voice communications are transmitted in analog, data, or any other form;

4. “Customer” means the person who subscribes to telephone service from a telephone company or in whose name such telephone service is listed;

5. “Person” means any individual, partnership, corporation, limited liability company, trust, estate, cooperative association, or other entity; and

6. “Procure” in regard to such a telephone record means to obtain by any means, whether electronically, in writing, or in oral form, with or without consideration.

CREDIT(S)

Laws 2006, c. 147, § 1, eff. Nov. 1, 2006.

[FN1] Title 21, § 1742.1 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1742.2

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1742.2. Unauthorized or fraudulent procurement, sale or receipt of telephone records

A. Whoever:

1. Knowingly procures, attempts to procure, solicits, or conspires with another to procure a telephone record of any resident of this state without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means;

2. Knowingly sells or attempts to sell a telephone record of any resident of this state without the authorization of the customer to whom the record pertains; or

3. Receives a telephone record of any resident of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means,

shall be punished in accordance with the provisions of subsection B of this section and shall be liable for restitution in accordance with subsection C of this section.

B. An offense under subsection A of this section is a felony and the punishment is:

1. Imprisonment for not more than five (5) years if the violation of subsection A of this section involves a single telephone record;

2. Imprisonment for not more than ten (10) years if the violation of subsection A of this section involves two to ten telephone records of a resident of this state;

3. Imprisonment for not more than twenty (20) years if the violation of subsection A of this section involves more than ten telephone records of a resident of this state; and

4. In all cases, forfeiture of any personal property used or intended to be used to commit the offense.

C. A person found guilty of an offense under subsection A of this section, in addition to any other punishment, shall be ordered to make restitution for any financial loss sustained by the customer or any other person who suffered financial loss as the direct result of the offense.

D. In a prosecution brought pursuant to subsection A of this section, the act of unauthorized or fraudulent procurement, sale, or receipt of telephone records shall be considered to have been committed in the county:

1. Where the customer whose telephone record is the subject of the prosecution resided at the time of the offense; or

2. In which any part of the offense took place, regardless of whether the defendant was ever actually present in the county.

E. A prosecution pursuant to subsection A of this section shall not prevent prosecution pursuant to any other provision of law when the conduct also constitutes a violation of some other provision of law.

F. Subsection A of this section shall not apply to any person acting pursuant to a valid court order, warrant, or subpoena.

G. Each violation of subsection A of this section shall be an unlawful practice pursuant to the provisions of the Oklahoma Consumer Protection Act. [FN1]

CREDIT(S)

Laws 2006, c. 147, § 2, eff. Nov. 1, 2006.

[FN1] Title 15, § 751 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

END OF DOCUMENT

21 Okl.St.Ann. § 1742.3

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1742.3. Limitation on applicability of act

No provision of this act [FN1] shall be construed:

1. So as to prevent any action by a law enforcement agency, or any officer, employee, or agent of a law enforcement agency, to obtain telephone records in connection with the performance of the official duties of the agency;

2. To prohibit a telephone company from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly, through its agents:

a. as otherwise authorized by law,

b. with the lawful consent of the customer or subscriber,

c. as may be reasonably incident to the rendition of the service or to the protection of the rights or property of the telephone company, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to such services,

d. to a governmental entity, if the telephone company reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information, or

e. to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the Victims of Child Abuse Act of 1990; [FN2]

3. To apply to or expand upon the obligations and duties of any telephone company to protect telephone records beyond those otherwise established by federal and state law or as set forth in Section 4 of this act; [FN3] or

4. To create a cause of action against a telephone company, its agents and/

or representatives, who reasonably and in good faith act pursuant to this act, notwithstanding any later determination that such action was not in fact authorized.

CREDIT(S)

Laws 2006, c. 147, § 3, eff. Nov. 1, 2006.

[FN1] Title 21, § 1742.1 et seq.

[FN2] 42 U.S.C.A § 13032.

[FN3] O.S.L.2006, c. 147, § 4 [Title 21, § 1742.4].

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1742.4

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part VII. Crimes Against Property

Chapter 68. Larceny (Refs & Annos)

§ 1742.4. Reasonable procedures to protect telephone records required

A. Telephony companies that maintain telephone records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of the records which could result in substantial harm or inconvenience to any customer. For purposes of this act, [FN1] a telephone company's actions and procedures shall be deemed reasonable if the telephone company makes a good faith effort to comply with the provisions governing Customer Proprietary Network Information in 47 U.S.C., Section 222, and with regulations promulgated pursuant to that section by the Federal Communications Commission.

B. No private right of action is authorized under this act.

CREDIT(S)

Laws 2006, c. 147, § 4, eff. Nov. 1, 2006.

[FN1] Title 21, § 1742.1 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

Chapter 6. Offenses Against Property

Tags:

34 UT (0.9.%)

U.C.A. 1953 § 76-6-601

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-601. Definitions

As used in this chapter:

(1) “Merchandise” means any personal property displayed, held or offered for sale by a merchant.

(2) “Merchant” means an owner or operator of any retail mercantile establishment where merchandise is displayed, held or offered for sale and includes the merchant's employees, servants or agents.

(3) “Minor” means any unmarried person under 18 years of age.

(4) “Peace officer” has the same meaning as provided in Title 53, Chapter 13, Peace Officer Classifications.

(5) “Premises of a retail mercantile establishment” includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking lots or areas set aside for the benefit of those patrons of the retail mercantile establishment.

(6) “Retail mercantile establishment” means any place where merchandise is displayed, held, or offered for sale to the public.

(7) “Retail value” means the merchant's stated or advertised price of the merchandise.

(8) “Shopping cart” means those push carts of the types which are commonly provided by grocery stores, drug stores, or other mercantile establishments or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store.

(9) “Under-ring” means to cause the cash register or other sales recording device to reflect less than the retail value of the merchandise.

CREDIT(S)

Laws 1979, c. 78, § 1; Laws 1990, c. 93, § 38; Laws 1993, c. 234, § 378; Laws 1998, c. 282, § 68, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-602

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-602. Retail theft, acts constituting

A person commits the offense of retail theft when he knowingly:

(1) Takes possession of, conceals, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of such merchandise; or

(2) Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value of any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the retail value with the intention of depriving the merchant of the retail value of such merchandise; or

(3) Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the retail value of such merchandise; or

(4) Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or

(5) Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

CREDIT(S)

Laws 1979, c. 78, § 2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-603

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-603. Detention of suspected violator by merchant--Purposes

(1) Any merchant who has probable cause to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

(a) to make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;

(b) to request identification;

(d) to make a reasonable request of such person to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase, or for any other reasonable purpose;

(e) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;

(f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of that minor immediately, if possible, of this detention and to surrender custody of such minor to such person.

(2) A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.

CREDIT(S)

Laws 1979, c. 78, § 3; Laws 2007, c. 306, § 101, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-604

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-604. Defense to action by person detained

In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights brought by any person detained by the merchant, it shall be a defense to such action that the merchant detaining such person had probable cause to believe that the person had committed retail theft and that the merchant acted reasonably under all circumstances.

CREDIT(S)

Laws 1979, c. 78, § 4.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-605

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-605. Repealed by Laws 2009, c. 264, § 1, eff. May 12. 2009

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-606

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-606. Penalty

An act of theft committed in violation of this part shall be punished in accordance with Subsection 76-6-412(1).

CREDIT(S)

Laws 1979, c. 78, § 6; Laws 2000, c. 236, § 1, eff. May 1, 2000.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-607

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-607. Report of arrest to division

Any arrest made for a violation of this part shall be reported by the appropriate jurisdiction to the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103, which shall keep a record of the arrest together with the disposition of the arrest for purposes of inquiry by any law enforcement agency.

CREDIT(S)

Laws 1979, c. 78, § 7; Laws 1993, c. 234, § 379; Laws 1998, c. 263, § 56, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-608

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-608. Theft detection shielding devices prohibited--Penalties

(1) A person may not knowingly:

(a) make or possess any container or device used for, intended for use for, or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor, with the intent to commit a theft of merchandise;

(b) sell, offer to sell, advertise, give, transport, or otherwise transfer to another any container or device intended for use for or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor;

(c) possess any tool or instrument designed to remove any theft detection device from any merchandise, with the intent to use the tool or instrument to remove any theft detection device from any merchandise without the permission of the merchant or the person owning or in possession of the merchandise; or

(d) intentionally remove a theft detection device from merchandise prior to purchase and without the permission of the merchant.

(2)(a) A violation of Subsection (1)(a), (b), or (c) is a class A misdemeanor.

(b) A violation of Subsection (1)(d) is a:

(i) class B misdemeanor if the value of the merchandise from which the theft detection device is removed is less than $500; or

(ii) class A misdemeanor if the value of the merchandise from which the theft detection device is removed is or exceeds $500.

(3) A violation of Subsection (1) is a separate offense from any offense listed in Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail Theft.

(4) Criminal prosecutions under this section do not affect any person's right of civil action for redress for damages suffered as a result of any violation of this section.

CREDIT(S)

Laws 2000, c. 236, § 2, eff. May 1, 2000; Laws 2003, c. 173, § 1, eff. May 5, 2003; Laws 2010, c. 193, § 16, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

Chapter 707. Offenses Against the Person (Refs & Annos)

Tags:

40 HI (0.4%)

HRS § 707-760

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-760. Definitions

For the purposes of this part:

(1) “An extortionate means” is any means which involves the use, or an express or implicit threat of the use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(2) “Creditor”, with reference to any given extension of credit, refers to any person making that extension of credit, or to any person claiming by, under, or through any person making that extension of credit.

(3) “Debtor”, with reference to any given extension of credit, refers to any person to whom that extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.

(4) “Repayment of any extension of credit” includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

(5) “To collect an extension of credit” means to induce in any way any person to make repayment thereof.

(6) “To extend credit” means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.

CREDIT(S)

Laws 1979, ch. 106, § 1; Laws 1980, ch. 232, § 38.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-761

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-761. Extortionate extension of credit; prima facie evidence

(1) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(2) In any prosecution under this part, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this section is nonexclusive and in no way limits the effect or applicability of subsection (1):

(a) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor:

(i) In the jurisdiction within which the debtor, if a natural person, resided; or

(ii) In every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made;

(b) The extension of credit was made at a rate of interest in excess of a yearly rate of forty-five per cent calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which payment is applied first to the accumulated interest and the balance applied to the unpaid principal;

(i) One or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or

(ii) The creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof;

(d) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.

(3) In any prosecution under this part, if evidence has been introduced tending to show the existence of any of the circumstances described in subparagraph (2)(a) or (2)(b) of this section, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.

CREDIT(S)

Laws 1979, ch. 106, § 1; Laws 1980, ch. 232, § 38.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-762

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

[§ 707-762]. Financing extortionate extensions of credit

“Financing extortionate extensions of credit” includes wilfully advancing money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit.

CREDIT(S)

Laws 1979, ch. 106, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-763

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-763. Collection of extensions of credit by extortionate means

(1) “Collection of extensions of credit by extortionate means” includes knowingly participating in any way, or conspiring to do so, in the use of any extortionate means:

(a) To collect or attempt to collect any extension of credit; or

(b) To punish any person for the nonrepayment thereof.

(2) In any prosecution under this part, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.

(3) In any prosecution under this part, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in subsection (2)(a) or subsection (2)(b) of section 707-761 and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of collection or attempt at collection.

CREDIT(S)

Laws 1979, ch. 106, § 1; Laws 1980, ch. 232, § 39.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-764

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-764. Extortion

A person commits extortion if the person does any of the following:

(1) Obtains, or exerts control over, the property, labor, or services of another with intent to deprive another of property, labor, or services by threatening by word or conduct to:

(a) Cause bodily injury in the future to the person threatened or to any other person;

(b) Cause damage to property or cause damage, as defined in section 708-890, to a computer, computer system, or computer network;

(d) Commit a penal offense;

(e) Accuse some person of any offense or cause a penal charge to be instituted against some person;

(f) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the threatened person's credit or business repute;

(g) Reveal any information sought to be concealed by the person threatened or any other person;

(h) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

(i) Take or withhold action as a public servant, or cause a public servant to take or withhold such action;

(j) Bring about or continue a strike, boycott, or other similar collective action, to obtain property that is not demanded or received for the benefit of the group that the defendant purports to represent;

(k) Destroy, conceal, remove, confiscate, or possess any actual or purported passport, or any other actual or purported government identification document, or other immigration document, of another person; or

(l) Do any other act that would not in itself substantially benefit the defendant but that is calculated to harm substantially some person with respect to the threatened person's health, safety, business, calling, career, financial condition, reputation, or personal relationships;

(2) Intentionally compels or induces another person to engage in conduct from which another has a legal right to abstain or to abstain from conduct in which another has a legal right to engage by threatening by word or conduct to do any of the actions set forth in paragraph (1)(a) through (l); or

(3) Makes or finances any extortionate extension of credit, or collects any extension of credit by extortionate means.

CREDIT(S)

Laws 1979, ch. 106, § 1; Laws 2001, ch. 33, § 3; Laws 2008, ch. 147, § 4, eff. June 6, 2008.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-765

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-765. Extortion in the first degree

(1) A person commits the offense of extortion in the first degree if the person commits extortion:

(a) Of property, labor, or services the value of which exceeds $200 in total during any twelve-month period; or

(b) By making or financing any extortionate extension of credit, or by collecting any extension of credit by extortionate means.

(2) Extortion in the first degree is a class B felony.

CREDIT(S)

Laws 1979, ch. 106, § 1; Laws 1984, ch. 90, § 1; Laws 2008, ch. 147, § 5, eff. June 6, 2008.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-766

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-766. Extortion in the second degree

(1) A person commits the offense of extortion in the second degree if the person commits extortion:

(a) Of property, labor, or services the value of which exceeds $50 during any twelve-month period; or

(b) As set forth in section 707-764(2).

(2) Extortion in the second degree is a class C felony.

CREDIT(S)

Laws 1979, ch. 106, § 1; Laws 1993, ch. 28, § 1; Laws 2008, ch. 147, § 6, eff. June 6, 2008.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-767

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-767. Extortion in the third degree

(1) A person commits the offense of extortion in the third degree if the person commits extortion of property, labor, or services.

(2) Extortion in the third degree is a misdemeanor.

CREDIT(S)

Laws 1979, ch. 106, § 1; Laws 1984, ch. 90, § 1; Laws 2008, ch. 147, § 7, eff. June 6, 2008.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-768

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

[§ 707-768]. Firearms, explosives, and dangerous weapons

Extortion in any degree is a class A felony when a firearm, explosive, or any dangerous weapon is immediately available and is physically used as part of the threat.

CREDIT(S)

Laws 1979, ch. 106, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 707-769

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-769. Defenses to extortion

(1) It is a defense to a prosecution for extortion as defined by paragraph (1) of section 707-764 that the defendant:

(a) Was unaware that the property or service was that of another; or

(b) Believed that the defendant was entitled to the property or services under a claim or right or that the defendant was authorized, by the owner or by law, to obtain or exert control as the defendant did.

(2) If the owner of the property is the defendant's spouse or reciprocal beneficiary, it is a defense to a prosecution for extortion under paragraph (1) of section 707-764 that:

(a) The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and

(b) The defendant and the defendant's spouse or reciprocal beneficiary were living together at the time of the conduct.

(3) “Household belongings” means furniture, personal effects, vehicles, or money or its equivalent in amounts customarily used for household purposes, and other property usually found in and about the common dwelling and accessible to its occupants.

(4) It is an affirmative defense to a prosecution for extortion as defined in paragraphs (1) and (2) of section 707-764 and as further defined by subparagraphs (e), (f), (g), and (i), that the defendant believed the threatened accusation, penal charge, or exposure to be true, or the proposed action of a public servant was justified, and that the defendant's sole intention was to compel or induce the victim to give property or services to the defendant due the defendant as restitution or indemnification for harm done, or as compensation for property obtained or lawful services performed, or to induce the victim to take reasonable action to prevent or to remedy the wrong which was the subject of the threatened accusation, charge, exposure, or action of a public servant in circumstances to which the threat relates.

(5) In a prosecution for extortion as defined in paragraph (1) of section 707-764, it is not a defense that the defendant has an interest in the property if the owner has an interest in the property to which the defendant is not entitled.

CREDIT(S)

Laws 1979, ch. 106, § 1; Laws 1984, ch. 90, § 1; Laws 1997, ch. 383, § 68.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

Chapter 39. Theft and Related Offenses

Tags:

06 PA (4.1%)

Chapter 39. Theft and Related Offenses (Refs & Annos)

Subchapter A. General Provisions (Refs & Annos)

§ 3901. Definitions

Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

“Deprive.”

(1) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation; or

(2) to dispose of the property so as to make it unlikely that the owner will recover it.

“Financial institution.” A bank, insurance company, credit union, building and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

“Firearm.” Any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

“Government.” The United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.

“Movable property.” Property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. “Immovable property” is all other property.

“Obtain.”

(1) To bring about a transfer or purported transfer of legal interest in property, whether to the obtainer or another; or

(2) in relation to labor or service, to secure performance thereof.

“Property.” Anything of value, including real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power.

“Property of another.” Includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 2007, July 17, P.L. 139, No. 41, § 3, effective in 60 days [Sept. 17, 2007].

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3902

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article C. Offenses Against Property

Chapter 39. Theft and Related Offenses (Refs & Annos)

Subchapter A. General Provisions (Refs & Annos)

§ 3902. Consolidation of theft offenses

Conduct denominated theft in this chapter constitutes a single offense. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the complaint or indictment, subject only to the power of the court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3903

Effective: August 29, 2011

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article C. Offenses Against Property

Chapter 39. Theft and Related Offenses (Refs & Annos)

Subchapter A. General Provisions (Refs & Annos)

§ 3903. Grading of theft offenses

(a) Felony of the second degree.--Theft constitutes a felony of the second degree if:

(1) The offense is committed during a manmade disaster, a natural disaster or a war-caused disaster and constitutes a violation of section 3921 (relating to theft by unlawful taking or disposition), 3925 (relating to receiving stolen property), 3928 (relating to unauthorized use of automobiles and other vehicles) or 3929 (relating to retail theft).

(2) The property stolen is a firearm.

(3) In the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm.

(4) The property stolen is any amount of anhydrous ammonia.

(a.1) Felony of the third degree.--Except as provided in subsection (a) or (a.2), theft constitutes a felony of the third degree if the amount involved exceeds $2,000, or if the property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle, or in the case of theft by receiving stolen property, if the receiver is in the business of buying or selling stolen property.

(a.2) Felony of the first degree.--Theft constitutes a felony of the first degree if, in the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm and the receiver is in the business of buying or selling stolen property.

(b) Other grades.--Theft not within subsection (a), (a.1) or (a.2), constitutes a misdemeanor of the first degree, except that if the property was not taken from the person or by threat, or in breach of fiduciary obligation, and:

(1) the amount involved was $50 or more but less than $200 the offense constitutes a misdemeanor of the second degree; or

(2) the amount involved was less than $50 the offense constitutes a misdemeanor of the third degree.

(1) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.

(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:

(i) The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

(ii) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(3) When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in paragraphs (1) and (2) of this subsection its value shall be deemed to be an amount less than $50. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Manmade disaster.” Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from manmade causes, such as oil spills and other injurious environmental contamination, which threatens or causes substantial damage to property, human suffering, hardship or loss of life.

“Natural disaster.” Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life.

“War-caused disaster.” Any condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by use of bombs, missiles, shellfire, nuclear, radiological, chemical or biological means, or other weapons or overt paramilitary actions, or other conditions such as sabotage.

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1974, June 17, P.L. 356, No. 118, § 1, imd. effective; 1990, Nov. 29, P.L. 608, No. 154, § 1, effective in 60 days; 1999, Dec. 15, P.L. 915, No. 59, § 3, effective in 60 days; 2004, Nov. 23, P.L. 953, No. 143, § 1, effective Jan. 24, 2005; 2011, June 28, P.L. 48, No. 10, § 4, effective in 60 days [Aug. 29, 2011].

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3904

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article C. Offenses Against Property

Chapter 39. Theft and Related Offenses (Refs & Annos)

Subchapter A. General Provisions (Refs & Annos)

§ 3904. Arrest without warrant

A law enforcement officer shall have the same right of arrest without a warrant for any grade of theft as exists or may hereafter exist in the case of the commission of a felony.

CREDIT(S)

1974, Oct. 17, P.L. 749, No. 251, § 1.

Current through Regular Session Act 2013-4

T. 18 Pa.C.S.A., Pt. II, Art. C, Ch. 39, Subch. B, Refs & Annos

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses

Part II. Definition of Specific Offenses

Article C. Offenses Against Property

Chapter 39. Theft and Related Offenses

Subchapter B. Definition of Offenses

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3921

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article C. Offenses Against Property

Chapter 39. Theft and Related Offenses (Refs & Annos)

Subchapter B. Definition of Offenses (Refs & Annos)

§ 3921. Theft by unlawful taking or disposition

(a) Movable property.--A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.

(b) Immovable property.--A person is guilty of theft if he unlawfully transfers, or exercises unlawful control over, immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3922

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article C. Offenses Against Property

Chapter 39. Theft and Related Offenses (Refs & Annos)

Subchapter B. Definition of Offenses (Refs & Annos)

§ 3922. Theft by deception

(a) Offense defined.--A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally:

(1) creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;

(2) prevents another from acquiring information which would affect his judgment of a transaction; or

(3) fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.

(b) Exception.--The term “deceive” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.

CREDIT(S)

1972, Dec. 6, P.L.1482, No. 334, § 1, effective June 6, 1973.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3923

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article C. Offenses Against Property

Chapter 39. Theft and Related Offenses (Refs & Annos)

Subchapter B. Definition of Offenses (Refs & Annos)

§ 3923. Theft by extortion

(a) Offense defined.--A person is guilty of theft if he intentionally obtains or withholds property of another by threatening to:

(1) commit another criminal offense;

(2) accuse anyone of a criminal offense;

(3) expose any secret tendi