Chapter 9.08
THEFT AND RELATED OFFENSES
Sections:
9.08.010 Theft.
A person commits a crime of theft, if with intent to deprive another’s property or to appropriate property to himself or to a third person, he takes, appropriates, obtains or withholds such property from an owner thereof or comes into control of property of another that he knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature of the amount of the property or the identity of the recipient, and with intent to deprive the owner thereof he fails to take reasonable measures to restore the property to the owner. [Ord. 355 § 3, 1985.]
9.08.020 Theft by extortion.
A person commits theft by extortion if he compels or induces another person to deliver property to himself or to a third person by means of instilling in him a fear that if the property is not so delivered the act of another will in the future cause physical injury to some person or cause damage to property or engage in other conduct constituting a crime or accuse some person of a crime or cause criminal charges to be instituted against him or expose a secret or publicize an asserted fact whether true or false tending to subject some person to hatred, contempt, ridicule or testify or provide information or withhold testimony or information with respect to another’s legal claim or defense or use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty in such manner as to affect some person adversely or to inflict any other harm that would not benefit the actor. [Ord. 355 § 4, 1985.]
9.08.030 Theft by deception.
A. 1. A person who obtains property of another thereby commits theft by deception when with intent to defraud he:
a. Creates or confirms another’s false impression of law, value, intention or other state of mind which the actor does not believe to be true; or
b. Fails to correct a false impression which he previously created or confirmed; or
c. Prevents another from acquiring information pertaining to the disposition of the property involved; or
d. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment, whether such impediment is or is not valid, or is or is not a matter of official record, or promises performance which he does not intend to perform or knows will not be performed.
2. Deception does not include falsity as to matters having no pecuniary significance or representations unlikely to deceive ordinary persons in the group addressed.
B. In a prosecution for theft by deception, the defendant’s intention or belief that a promise would not be performed shall not be established by or inferred from the fact alone that such promise was not performed. Any prosecution for theft by deception committed by means of a bad check is prima facie evidence of knowledge that the check or order would not be ordered if:
1. The drawer has no account with the drawee at the time the check or order is drawn or uttered; or
2. Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawee fails to make good within 10 days after receiving notice of refusal. [Ord. 3001 § 5, 1995; Ord. 355 § 5, 1985.]
9.08.040 Theft by receiving.
A person commits theft by receiving if he receives, retains, conceals or disposes of property of another, knowing or having good reason to know that the property was the subject of theft. “Receiving” means acquiring possession, control or title, or lending on the security of the property. [Ord. 355 § 6, 1985.]
9.08.050 Theft of services.
A person commits a crime of theft of services if with intent to avoid payment thereof he obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services, or having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, he uses or diverts to the use of himself or a third person such labor, equipment or facilities with intent to derive a commercial benefit for himself or a third person not entitled thereto. As used in this section, services include, but are not limited to, labor, professional services, toll facilities, transportation, telephone or other communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, the supplying of commodities of a public utility nature, such as gas, electricity, steam and water. Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained by deception. [Ord. 355 § 7, 1985.]
9.08.060 Violation – Penalty.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as a Class A infraction, by a fine of not more than $500.00. [Ord. 355 § 26, 1985.]