5-1-16: THEFT AND RETAIL THEFT:

   (A)   Theft Of Property:

      1.   A person commits theft of property belonging to another when he or she knowingly:

         (a)   Obtains or exerts unauthorized control over property of the owner;

         (b)   Obtains control over property of the owner by deception;

         (c)   Obtains control over property of the owner by threat;

         (d)   Obtains control over stolen property knowing it was stolen or if a reasonable person would know it was stolen; or

         (e)   Obtains or exerts control over property in the custody of an undercover law enforcement officer who explicitly represents the property as stolen.

      2.   In addition to obtaining or exerting control over another person's property, the person committing theft must also:

         (a)   Intend to permanently deprive the owner of the use or benefit of the property;

         (b)   Knowingly use, conceal or abandon the property in such a way as to permanently deprive the owner of its use or benefit; or

         (c)   Use, conceal, or abandon the property knowing that such use, concealment or abandonment will probably permanently deprive the owner of its use or benefit.

   (B)   Retail Theft:

      1.   A person commits retail theft when he or she knowingly:

         (a)   Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise. Taking possession shall include but not be limited to placing or hiding merchandise in the pockets, clothing, purse, backpack or container supplied by the mercantile establishment. Taking possession shall also include hiding or placing merchandise indicated in a privately owned container such as a bag or other similar container commonly used to transport merchandise to a checkout and paying location and in that or any other case to remove merchandise from the mercantile establishment without paying in full for all merchandise so removed. (Ord. 848, 8-19-2019)