A. Property: As used in this section "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 which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management, information, design, process, procedure, formula, invention, or improvement.
B. Owner: As used in this section, "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.
C. Permanent Deprivation: As used in this section, to "permanently deprive" means to:
Defeat all recovery of the property by the owner; or
Deprive the owner permanently of the beneficial use of the property; or
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
Sell, give, pledge, or otherwise transfer any interest in the property or subject it to the claim of a person other than the owner.
D. Deception: As used in this section, "deception" means knowingly to:
Create or confirm another's impression which is false and which the offender does not believe to be true; or
Fail to correct a false impression which the offender previously has created or confirmed; or
Prevent another from acquiring information pertinent to the disposition of the property involved; or
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
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.
E. Threat: As used in this section, "threat" means a menace, however communicated, to:
Inflict physical harm on the person threatened or any other person or on property; or
Subject any person to physical confinement or restraint; or
Commit any criminal offense; or
Accuse any person of a criminal offense; or
Expose any person to hatred, contempt, or ridicule; or
Harm the credit or business repute of any person; or
Reveal any information sought to be concealed by the person threatened; or
Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
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
Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
Inflict any other harm which would not benefit the offender.
F. Stolen Property: As used in this section, "stolen property" means property over which control has been obtained by theft.
G. Obtain: As used in this section, "obtain" means:
In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another; or
In relation to labor or services, to secure the performance thereof.
H. Obtains Control: As used in this section, the phrase "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.
I. Value: As used in this section, the "value" of property consisting of any commercial instrument, of any written instrument representing or embodying rights concerning anything of value, labor, or services or otherwise of value to the owner shall be:
The "market value" of such instrument if such instrument is negotiable and has a market value; and
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, information or indictment.
J. Financial Institution: As used in this section, "financial institution" means a bank, insurance company, credit union, savings and loan association, investment trust or other depository of money or medium of savings or collective investment.
K. Theft:
1. Person Committing Theft Knowingly: A person commits theft when he knowingly:
Obtains or exerts unauthorized control over property of the owner; or
Obtains by deception control over property of the owner; or
Obtains by threat control over property of the owner; or
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 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 will probably deprive the owner permanently of such use or benefit.
2. 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.
3. Theft Of Lost Or Mislaid Property: A person who obtains control over lost or mislaid property commits theft when he:
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
Fails to take reasonable measures to restore the property to the owner; and
Intends to deprive the owner permanently of the use of or benefit of the property.
4. 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.
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 fails to return the vehicle to said place within the specified time, and is thereafter served with a written demand, or upon whom oral demand is thereafter personally made, to return said vehicle within seventy two (72) hours from the time of the service or personal communication of such demand, and who fails to return said vehicle to any place of business of the lessor within said period, shall be punishable accordingly.
5. 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 living in separate abodes at the time of the alleged theft.
L. Deceptive Practices: A person commits a deceptive practice when, with intent to defraud:
1. He causes another, by deception or threat to execute a document disposing of property or a document by which a pecuniary obligation is incurred; or
2. Being an officer, manager or other person participating in the direction of a financial institution, he knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; or
3. He knowingly makes, or directs another to make a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services; or
4. With intent to obtain control over property or to pay for property, labor or services of another he issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered is prima facie evidence that the offender knows that it will not be paid by the depository; or
5. He obtains or attempts to obtain property, labor or services by any of the following means:
a. He uses a credit card which was issued to another, without the other's consent.
b. He uses a credit card knowing that it has been revoked or canceled.
c. He uses a credit card knowing that it has been falsely made, counterfeit or altered in any material respect.
d. He uses the pretended number or description of a fictitious card.
e. He uses a credit card which he knows has expired, provided that the credit card clearly indicates the expiration date.
6. He uses a credit card which is lost, stolen, counterfeit, fictitious, falsified, altered, wrongfully appropriated, canceled or revoked as authority or identification to cash or attempt to cash or otherwise negotiate or transfer or attempt to negotiate or transfer a check or other order, which said negotiation or transfer or attempt to negotiate or transfer would constitute a crime under this subsection.
7. He steals, takes or removes a credit card from the person or possession of the cardholder, or, who retains or secretes a credit card without the consent of the cardholder, with the intent of using, delivering, circulating or selling or causing said card to be used, delivered, circulated or sold without the consent of the cardholder.
8. He has in his possession or under his control or receives from another person any forged, altered, counterfeited, fictitious, lost or stolen credit card with the intent to use, deliver, circulate, or sell the same, or to permit or cause or procure the same to be used, delivered, circulated or sold, knowing the same to be forged, altered, counterfeited, fictitious, lost or stolen, or has or keeps in his possession any blank or unfinished credit card made in the form or similitude of any credit card, with such intent.
9. He has in his possession, or under his control, or receives from another person a credit card, with the intent to circulate or sell the same, or to permit or cause or procure the same to be used, delivered, circulated or sold, knowing such possession, control or receipt to be without the consent of the cardholder or issuer.
10. He delivers, circulates or sells a credit card which was obtained or is held by such person under circumstances which would constitute a crime under subsection L7, L8, or L9 of this section, or permits or causes or procures the same to be used, delivered, circulated or sold, knowing the same to be obtained or held under circumstances which would constitute a crime under subsection L7, L8, or L9 of this section.
11. Definitions:
CANCELED OR REVOKED CREDIT CARD: A credit card the permissive use of which has been terminated by the issuer thereof by written notice sent by registered or certified mail or by telegram addressed to the person to whom such card was issued at his last known address. Such notification shall constitute prima facie evidence of the cancellation or revocation of the credit card.
CARDHOLDER: Any person to whom a credit card has been issued or given, or in possession of a credit card with the consent of the person to whom the credit card was issued.
CREDIT CARD: Any card, plate, coupon book, or other credit device, or a number or other identifying description thereof, issued for the purpose of obtaining property, labor or services on credit or in deferred installments.
FINANCIAL INSTITUTION: A bank, insurance company, credit union, savings and loan association, investment trust or other depository of money or medium of savings or collective investment.
M. Forgery: A person commits forgery when, with intent to defraud, he knowingly:
1. Makes or alters any document apparently capable of defrauding another in such manner that it purports to have been made by another or at another time, or with different provisions, or by authority of one who did not give such authority; or
2. Issues or delivers such document knowing it to have been thus made or altered; or
3. Possesses, with intent to issue or deliver, any such document knowing it to have been thus made or altered.
An intent to defraud means an intention to cause another to assume, create, transfer, alter or terminate any right, obligation or power with reference to any person or property may be created, transferred, altered, or terminated.
N. Arson: A person commits arson when, by means of fire or explosives, he knowingly:
Damages any real property, or any personal property having a value of fifty dollars ($50.00) or more, of another without his consent; or
With intent to defraud an insurer, damages any property or any personal property having a value of fifty dollars ($50.00) or more. Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.
O. Criminal Damage To Property: Whoever commits any of the following shall be guilty of criminal damage to property:
1. Knowingly damages any property of another without his consent; or
2. Knowingly starts a fire on the land of another without his consent; or
3. Recklessly by means of fire or explosive damages property of another; or
4. Knowingly injures a domestic animal of another without his consent; or
5. Knowingly deposits on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use of another of the land or building.
P. Criminal Trespass To Vehicles: Whoever knowingly and without authority enters any vehicle, aircraft or watercraft or any part thereof of another without his consent shall be guilty of criminal trespass to vehicles.
Q. Criminal Trespass To Land:
1. It shall be unlawful to enter upon the land or any part thereof of another, after receiving, immediately prior to such entry, notice from the owner or occupant that such entry is forbidden, or remain upon the land of another after receiving notice from the owner or occupant to depart.
2. A person has received notice from the owner or occupant within the meaning of subsection Q1 of this section if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. (Ord. 77-6-2, 6-22-1977)