A person commits theft when he knowingly:
A.
Obtains or exerts unauthorized control over property of the owner;
or
B.
Obtains by deception control over property of the owner; or
C.
Obtains by threat control over property of the owner; or
D.
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:
(1)
Intends to deprive the owner permanently of the use or benefit of
the property; or
(2)
Knowingly uses, conceals or abandons the property in such manner
as to deprive the owner permanently of such uses or benefit; or
(3)
Uses, conceals or abandons the property knowing such use, concealment
or abandonment probably will deprive the owner permanently of such
use or benefit; or
E.
Obtains
or exerts control over property in the custody of any law enforcement
agency which any law enforcement officer or any individual acting
in behalf of a law enforcement agency explicitly represents to the
person as being stolen or represents to the person such circumstances
as would reasonably induce the person to believe that the property
was stolen.[1]
A.
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
10 days after written demand from the owner for its return or if a
lessee of the personal property of another fails to return it to the
owner within 24 hours after written demand from the owner for its
return and the lessee had presented identification to the owner that
contained a materially fictitious name, address, or telephone number.
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.
B.
Permissive
inference; evidence of intent that a person obtains by deception control
over property. The trier of fact may infer that a person knowingly
obtains by deception control over property of the owner when he or
she fails to return, within 45 days after written demand from the
owner, the down payment and any additional payments accepted under
a promise, oral or in writing, to perform services for the owner for
consideration of $3,000 or more, and the promisor knowingly without
good cause failed to substantially perform pursuant to the agreement
after taking a down payment of 10% or more of the agreed-upon consideration.
This provision shall not apply where the owner initiated the suspension
of performance under the agreement, or where the promisor responds
to the notice within the forty-five-day notice period. A notice in
writing, addressed and mailed, by registered mail, to the promisor
at the last known address of the promisor shall constitute proper
demand.
A person who obtains control over lost or mislaid property commits
theft when he:
A.
A person
commits theft when he obtains the temporary use of the 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. For the purposes
of this section, library material is available for hire.
B.
A person
commits theft when he or she borrows from a library facility library
material which has an aggregate value of $50 or more pursuant to an
agreement with or procedure established by the library facility for
the return of such library material, and knowingly without good cause
fails to return the library material so borrowed in accordance with
such agreement or procedure, and further knowingly without good cause
fails to return such library material within 30 days after receiving
written notice by certified mail from the library facility demanding
the return of such library material.
A.
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.
B.
Where the property involved is that of the offender's spouse, no
prosecution for theft may be maintained unless the parties were not
living together as man and wife and were living in separate abodes
at the time of the alleged theft.
A.
A person commits theft from a coin-operated machine when he knowingly
and without authority opens, breaks into, tampers with, or damages
a coin-operated machine either:[1]
B.
As used in this section, the term "coin-operated machine" shall include
any automatic vending machine or any part thereof, parking meter,
coin telephone, coin laundry machine, coin dry-cleaning machine, amusement
machine, music machine, vending machine dispensing goods or services,
and money changers.
A.
It shall be unlawful for any person to possess a key, drawing, print, mold of a key, device or a substance designed to open, break into, tamper with or damage a coin-operated machine as defined in § 210-59B of this article, with intent to commit a theft from such machine.
B.
A person
commits unlawful use of a key or device for a coin-operated machine
when he or she, with the intent to commit a theft from a coin-operated
machine, uses a key, drawing, print, mold of a key, device, or substance
and causes damage or loss to the coin-operated machine of more than
$300.
