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DECEPTION
It is unlawful for any person knowingly to deceive another, whether impersonation, misrepresentation or otherwise, when the deception results in or contributes to the loss, damage, harm or injury of the person deceived or of a third party, or results in or contributes to the benefit of the deceiver.
(Prior Code, § 11-416) Penalty, see § 10.99
(A) Any person who knowingly uses or attempts to use in person or by telephone for the purpose of obtaining credit, or for purchase of goods, property or services, or for the purpose of obtaining cash advances in lieu of these terms, or to deposit, obtain or transfer funds, either a credit card or a debit card which has not been issued to the person or which is not used with the consent of the person to whom issued, or a credit or debit card which has been revoked or canceled by the issuer of the card and actual notice has been given to the person, or a credit or debit card which is false, counterfeit or non- existent is guilty of an offense, where the value of the credit, goods, property or services is not more than $1,000.
(B) The terms CREDIT CARD and DEBIT CARD shall have the meanings as defined in 21 O.S. § 1550.1.
(Prior Code, § 11-417) (Ord. 1522, passed 10-4-95; Am. Ord. 1661, passed 10-16-01; Am. Ord. 1946, passed 11-7-17) Penalty, see § 10.99
(A) (1) Any person who shall obtain food, lodging, shelter, services or other accommodations at any hotel, inn, restaurant, apartment house, boarding house, rooming house or motel with intent to deprive the owner or keeper thereof, if the value of the food, lodging, services or other accommodations be of the value of $1,000 or less, shall be guilty of an offense.
(2) Proof that the lodging, food, services or other accommodations were obtained by false pretense, or that the person gave a check on which payment was refused, or that he left the facility where the accommodations were provided without payment or offering to pay or that he or she registered under a fictitious name shall be prima facie proof of the intent to defraud. This section shall not apply where there has been an agreement in writing for delay of payment.
(Prior Code, § 11-418)
(B) (1) Any person who shall obtain transportation services in a taxicab, bus or other public transportation with intent to deprive the owner thereof shall be guilty of an offense.
(2) Proof that the transportation services were obtained by false pretenses, that the person gave a check for the services for which payment was refused or that the person left the transportation vehicle without payment or offering to pay for the services shall be prima facie proof of intent to defraud.
(Prior Code, § 11-419)
(Ord. 1523, passed 10-4-94; Am. Ord. 1661, passed 10-16-01; Am. Ord. 1949, passed 11-7-17) Penalty, see § 10.99
(A) It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any person, firm or corporation, any money, property or valuable thing of the value of $1,000 or less by means of any false or bogus check or by any other written or printed engraved instrument or spurious coin.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FALSE OR BOGUS CHECK. Checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay same, as against the maker or drawer thereof. The making, drawing, issuing or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in or credit with, the bank or other depository; provided the maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, and the check or order is presented for payment within 180 days after same is delivered and accepted.
(Prior Code, § 11-420) (Am. Ord. 1231, passed 1-4-83; Am. Ord. 1661, passed 10-16-01; Am. Ord. 1945, passed 11-7-17) Penalty, see § 10.99
Any person selling or pledging property to a pawnbroker who uses false or altered identification or a false declaration of ownership as related to the provisions of 59 O.S. § 1515 shall, if the value of the property is less than $1,000, be guilty of an offense. However, this section shall not apply if the property was acquired by means of robbery or burglary.
(Ord. 1948, passed 11-7-17) Penalty, see § 10.99
Statutory reference:
Similar provision, 59 O.S. § 1512
HARMFUL MATERIAL AND BEHAVIOR
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HARMFUL TO MINORS. The quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse when the material or performance taken as a whole has the following characteristics:
(a) The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
(b) The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sado-masochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
(c) The material or performance lacks serious literary, scientific, artistic or political value for minors.
KNOWINGLY. Having general knowledge of, reason to know or a belief or ground for belief which warrants further inspection or inquiry of both:
(a) The character and content of any material or performance which is reasonable susceptible of examination by the accused; and
(b) The age of the minor. However, an honest mistake shall constitute an excuse from liability hereunder if the accused made a reasonable bona fide attempt to ascertain the true age of the minor.
MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape or video tape.
NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering, or any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernible turgid state.
PERFORMANCE. Any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
PERSON. Any individual, partnership, association, corporation or other legal entity of any kind.
REASONABLE BONA FIDE ATTEMPT. An attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if the person be a female, the breasts.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(B) No person having custody, control or supervision of any commercial establishment shall knowingly:
(1) Display material which is harmful to minors in a way that minors, as a part of the invited general public, will be exposed, to view the material, provided, however, a person shall be deemed not to have “displayed” material harmful to minors if the material is kept behind devices commonly known as “blinder racks” so that the lower two-thirds of the materials is not exposed to view;
(2) Sell, furnish, present, distribute, allow to view or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or
(3) Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.
(C) It shall be an affirmative defense to any prosecution under this section that the material or performance involved was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, quasi-governmental agency and persons acting in their capacity as employees or agents of the persons or organizations, and which institution displays, presents or disseminates the material or performance for a bona fide governmental, educational or scientific purpose.
(Prior Code, § 11-430) (Ord. 1355, passed 10-15-85) Penalty, see § 10.99
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