(a) Definitions. As used in this section:
DECEPTION.
A. Occurs when a person knowingly:
1. Creates or confirms another’s impression which is false and which the defendant does not believe to be true;
2. Fails to correct a false impression which the defendant previously has 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, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether that impediment is or is not a matter of official record; or
5. Promises performance which the defendant does not intend to perform or knows will not be performed.
B. DECEPTION 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.
C. PUFFING means an exaggerated commendation of wares in communications addressed to the public or to a class or a group.
DEPRIVE PERMANENTLY.
A. To withhold property or cause it to be withheld from a person permanently or for so extended a period or under such circumstances that the major portion of its economic value, or of the use and benefits thereof, is lost to him or her;
B. To dispose of the property so as to make it unlikely that the owner will recover it;
C. To retain the property with intent to restore it to the owner if the owner purchases or leases it back or pays a reward or compensation for its return;
D. To sell, give, pledge or otherwise transfer any interest in the property; or
E. To subject the property to the claim of a person other than the owner.
OBTAINS OR EXERTS CONTROL or OBTAINS OR EXERTS CONTROL OVER PROPERTY. Includes, but is not limited to, the taking or carrying away of, or the sale, conveyance or transfer of title to, interest in or possession of, property, and includes, but is not limited to, conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses.
OWNER. A person, other than the defendant, who has possession or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property.
PROPERTY. Any money, personal property, real property, thing in action, evidence of debt or contract, or article of value of any kind.
THEFT.
A. To knowingly obtain or exert unauthorized control over property of the owner thereof;
B. To knowingly obtain by deception control over property of the owner thereof; or
C. To intend to permanently deprive the owner of such property.
(b) The crime of theft is committed when a person, under the definition of theft in division (a) above, takes property of any value from the person of another.
(c) The crime of theft is committed when a person takes property of any value from the person of another or in a building or from a vehicle or from any other location.
(Ord. 106, passed 3-9-1977)