(a) Definitions: As used in this Section, the following terms shall have the following meanings:
(1) "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 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.
(2) "Owner" means a person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property.
(3) "Permanently deprive" means to:
(A) Defeat all recovery of the property by the owner; or
(B) Deprive the owner permanently of the beneficial use of the property; or
(C) Retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or
(D) Sell, give, pledge or otherwise transfer any interest in the property or subject it to the claim of a person other than the owner.
(4) "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
(C) Prevent another from acquiring information pertinent to the disposition of the property involved; 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.
(5) "Threat" means a menace, however communicated, to:
(A) Inflict physical harm on the person threatened or any other person or on property; or
(B) Subject any person to physical confinement or restraint; or
(C) Commit any criminal offense; or
(D) Accuse any person of a criminal offense; or
(E) Expose any person to hatred, contempt or ridicule; or
(F) Harm the credit or business repute of any person; or
(G) Reveal any information sought to be concealed by the person threatened; or
(H) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
(I) Bring about or continue a strike, boycott or other similar collective action if the property is not demanded or received for the benefit of the group which he purports to represent; or
(J) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(K) Inflict any other harm which would not benefit the offender.
(6) "Stolen property" means property over which control has been obtained by theft.
(7) "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.
(8) "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.
(9) "Value" of property consisting of any commercial instrument or any written instrument representing or embodying rights concerning anything of value, labor or services or otherwise of value to the owner shall be:
(A) The "market value" of such instrument if such instrument is negotiable and has a market value; and
(B) The "actual value" of such instrument if such instrument is not negotiable or is otherwise without a market value. For the purpose of establishing such "actual value", 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.
(b) Elements of the Offense: A person commits theft when he knowingly:
(1) Obtains or exerts unauthorized control over property of the owner; or
(2) Obtains by deception control over property of the owner; or
(3) Obtains by threat control over property of the owner; or
(4) Obtains control over stolen property knowing the property to have been stolen by another 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 a 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.
(c) 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 fails to return it to the owner within thirty (30) days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
(d) Theft of Lost or Mislaid Property: A person who obtains control over lost or mislaid property commits theft 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.
(e) Theft of Labor or Services or Use of Property: 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.
(f) Offender's Interest in the Property: 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.
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.
(g) Theft From Coin-Operated Machines: A person commits theft from a coin-operated machine when he knowingly and without authority and with intent to commit a theft from such machine, opens, breaks into, tampers with or damages a coin-operated machine.
As used in this Section, the term "coin-operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, money changer.
(h) Coin-Operated Machines; Possession of a Key or Device: Whoever possesses a key, tool, instrument, explosive or device or a drawing, print or mold of a key, tool, instrument, explosive or device designated to open, break into, tamper with or damage a coin-operated machine as defined in paragraph (g) with intent to commit a theft from such machine, shall be guilty of a violation thereof. (Ord. 0-77-13, 2-21-77)