A person commits theft, which is prohibited, when the person does any of the following:
(A) Takes possession or control of the property of another or property in the possession of another, with the intent to deprive the other thereof;
(B) Misappropriates property which the person has in trust or property of another which the person has in the person’s possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner’s rights in such property, or conceals found property or appropriates such property to the person’s own use, when the owner of such property is known to the person. Failure by a bailee or lessee of personal property to return the property within 72 hours after a time specified in a written agreement of lease or bailment shall be evidence of misappropriation;
(C) Obtains the labor or services of another or a transfer of possession, control or ownership of the property of another or the beneficial use of property of another, by deception. Where compensation for goods and services is ordinarily paid immediately upon the obtaining of such goods or the rendering of such services, the refusal to pay or leaving the premises without payment or offer to pay or without having obtained from the owner or operator the right to pay subsequent to leaving the premises gives rise to an inference that the goods or services were obtained by deception;
(D) Exercises control over stolen property, knowing such property to have been stolen, or having reasonable cause to believe that such property has been stolen, unless the person’s purpose is to promptly restore it to the owner or to deliver it to an appropriate public officer. The fact that the person is found in possession of property which has been stolen from two or more persons on separate occasions or that the person is a dealer or other person familiar with the value of such property and has acquired it for a consideration which is far below its reasonable value shall be evidence from which the court or jury may infer that the person knew or believed that the property had been stolen;
(E) Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party;
(F) Makes, utters, draws, delivers or gives any check, share draft, draft or written order on any bank, credit union, person or corporation and obtains property, the use of property, including rental property, or service in exchange for such instrument, if the person knows that such check, share draft, draft or written order will not be paid when presented. Whenever the drawee of such instrument has refused payment because of insufficient funds, and the maker has not paid the holder of the instrument the amount due thereon within ten days of the maker’s receipt of notice from the holder that payment has been refused by the drawee, the court or jury may infer from such facts that the maker knew that the instrument would not be paid on presentation. Notice of refusal of payment shall be by certified mail or by personal service in the manner prescribed for serving original notices. Whenever the drawee of such instrument has refused payment because the maker has no account with the drawee, the court or jury may infer from such fact that the maker knew that the instrument would not be paid on presentation; and/or
(G) Obtains gas, electricity or water from a public utility or obtains cable television or telephone service from an unauthorized connection to the supply or service line or by intentionally altering, adjusting, removing or tampering with the metering or service device so as to cause inaccurate readings.
(2013 Code, § 21-8) (Ord. 75, passed 8-14-1950) Penalty, see § 130.999
It shall be unlawful to do or commit any of the following acts within the city limits:
(A) Willfully attempt to tamper with or tamper with any motor vehicle, or break or remove any part or parts of or from a motor vehicle without the consent of the owner;
(B) Climb upon or enter into any motor vehicle whether it is in motion or at rest and pilfer its contents or remove items of personal property therefrom;
(C) Climb upon or enter into any motor vehicle without the consent of the owner and commit any malicious mischief thereon whether it is in action or at rest; and/or
(D) Climb upon or enter into any motor vehicle without the owner’s consent, whether it is in action or at rest, and manipulate any of the levers, starting mechanism, brakes or other mechanism or device of the motor vehicle.
(2013 Code, § 21-14) (Ord. 9751, passed 1-13-1959) Penalty, see § 130.999
(A) The fact that a person has concealed library materials or equipment, as defined in I.C.A. § 702.22, or unpurchased property of a store or other mercantile establishment, either on the premises or outside the premises, is material evidence of intent to deprive the owner, and the finding of library materials or equipment or unpurchased property concealed upon the person or among the belongings of the person is material evidence of intent to deprive and, if the person conceals or causes to be concealed library materials or equipment or unpurchased property, upon the person or among the belongings of another, the finding of the concealed materials, equipment or property is also material evidence of intent to deprive on the part of the person concealing the library materials, equipment or goods.
(B) The fact that a person fails to return library materials for two months or more after the date the person agreed to return the library materials or fails to return library equipment for one month or more after the date the person agreed to return the library equipment is evidence of intent to deprive the owner, provided a reasonable attempt, including the mailing by restricted certified mail of notice that such material or equipment is overdue and criminal actions will be taken, has been made to reclaim the materials or equipment. Notices stating the provisions of this section and I.C.A. § 808.12 with regard to library materials or equipment shall be posted in clear public view: in all public libraries; in all libraries of educational, historical or charitable institutions, organizations or societies; in all museums; and in all repositories of public records.
(C) After the expiration of three days following the due date, the owner of borrowed library equipment may request the assistance of a dispute resolution center, mediation center or appropriate law enforcement agency in recovering the equipment from the borrower.
(D) The owner of library equipment may require deposits by borrowers and, for late returns, the owner may impose graduated penalties of up to 25% of the value of the equipment, based upon the lateness of the return.
(E) For lost library materials or equipment, arrangements may be made to make a monetary settlement.
(2013 Code, § 21-45) (Ord. 75, passed 8-14-1950) Penalty, see § 130.999
Statutory reference:
Similar provisions, see I.C.A. § 714.5
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