A person commits theft when the person does any of the following:
1. Takes possession or control of the property of another, or property in the possession of another, with the intent to deprive the other thereof.
2. 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 seventy-two hours after a time specified in a written agreement of lease or bailment shall be evidence of misappropriation.
3. 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.
4. 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.
5. Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party.
6. 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.
7. 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.
8. Any act that is declared to be theft by any provision of the Code.
[C51, § 2612, 2615-2618, 2620, 2621; R60, § 806, 807, 4236, 4237, 4240-4243, 4245, 4246, 4251; C73, § 3895, 3902, 3905-3911, 3915; C97, § 4831, 4837-4842, 4844, 4845, 4850, 4852, 5076; S13, § 4850, 4852-c, -d, -e; C24, § 13005, 13010, 13014-13016, 13018, 13027, 13030, 13031, 13035-13037, 13042, 13046-13048, 13052; C27, 31, 35, § 13005, 13010, 13014-13016, 13018, 13027, 13030, 13031, 13034-a1-13037, 13042, 13046-13048, 13052; C39, § 13005, 13010, 13014-13016, 13018, 13027, 13030, 13031, 13034.1-13037, 13042, 13046-13048, 13052; C46, 50, 54, 58, § 709.1, 709.6-709.9, 709.11, 710.1, 710.4, 710.5, 710.9-710.12, 712.1, 713.2-713.4, 713.7; C62, 66, § 709.1, 709.6-709.9, 709.11, 709.20, 710.1, 710.4, 710.5, 710.9-710.12, 712.1, 713.2-713.4, 713.7; C71, 73, 75, 77, § 709.1, 709.6-709.9, 709.11, 709.20, 709.25, 710.1, 710.4, 710.5, 710.9-710.12, 710.14, 712.1, 713.2-713.4, 713.7; C79, 81, § 714.1]
85 Acts, ch 164, § 1; 89 Acts, ch 170, § 1; 97 Acts, ch 167, §1
Referred to in § 322.6
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