Definitions. As used in this section, the following terms shall have
the meanings indicated:
DECEPTION
Knowingly to:
(1)
Create or confirm another's impression that is false and that
the offender does not believe to be true; or
(2)
Fail to correct a false impression that the offender previously
has created or confirmed; or
(3)
Prevent another from acquiring information pertinent to the
disposition of the property involved; or
(4)
Sell or otherwise transfer or encumber property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment
of the property, whether the impediment is or is not valid, or is
or is not a matter of official record; or
(5)
Promise performance that the offender does not intend to perform
or knows will not be performed. Failure to perform standing alone
is not evidence that the offender did not intend to perform.
OBTAIN
(1)
In relation to property, to bring about a transfer of interest
or possession, whether to the offender or to another; and
(2)
In relation to labor or services, to secure the performance
thereof.
OBTAINS OR EXERTS CONTROL
Over property, includes but is not limited to the taking,
carrying away, or the sale, conveyance, or transfer of title to, or
interest in, or possession of property.
OWNER
A person, other than the offender, who has possession of
or any other interest in the property involved, even though that interest
or possession is unlawful, and without whose consent the offender
has no authority to exert control over the property.
PERMANENTLY DEPRIVE
To:
(1)
Defeat all recovery of the property by the owner; or
(2)
Deprive the owner permanently of the beneficial use of the property;
or
(3)
Retain the property with intent to restore it to the owner only
if the owner purchases or leases it back, or pays a reward or other
compensation for its return; or
(4)
Sell, give, pledge, or otherwise transfer any interest in the
property or subject it to the claim of a person other than the owner.
PROPERTY
Anything of value. Property includes real estate, money,
commercial instruments, admission or transportation tickets, written
instruments representing or embodying rights concerning anything of
value, labor, or services, or otherwise of value to the owner; things
growing on, affixed to, or found on land, or part of or affixed to
any building; electricity, gas and water; birds, animals, and fish,
which ordinarily are kept in a state of confinement; food and drink;
samples, cultures, microorganisms, specimens, records, recordings,
documents, blueprints, drawings, maps, and whole or partial copies,
descriptions, photographs, prototypes or models thereof, or any other
articles, materials, devices, substances, and whole or partial copies,
descriptions, photographs, prototypes, or models thereof which constitute,
represent, evidence, reflect, or record a secret scientific, technical,
merchandising, production or management information, design, process,
procedure, formula, invention, or improvement.
THREAT
A menace, however communicated, to:
(1)
Inflict physical harm on the person threatened or any other
person or on property; or
(2)
Subject any person to physical confinement or restraint; or
(3)
Commit any criminal offense; or
(4)
Accuse any person of a criminal offense; or
(5)
Expose any person to hatred, contempt, or ridicule; or
(6)
Harm the credit or business repute of any person; or
(7)
Reveal any information sought to be concealed by the person
threatened; or
(8)
Take action as an official against anyone or anything, or withhold
official action, or cause such action or withholding; or
(9)
Bring about or continue a strike, boycott, or other similar
collective action if the property is not demanded or received for
the benefit of the group that a person purports to represent; or
(10)
Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
(11)
Inflict any other harm that would not benefit the offender.
VALUE
Of property consisting of any commercial instrument or any
written instrument representing or embodying rights concerning anything
of value, labor, or services or otherwise of value to the owner shall
be:
(1)
The "market value" of the instrument if the instrument is negotiable
and has a market value; and
(2)
The "actual value" of the instrument if the instrument is not
negotiable or is otherwise without a market value. For the purpose
of establishing "actual value," the interest of any owner or owners
entitled to part or all of the property represented by the instrument,
by reason of the instrument, may be shown, even if another "owner"
is named in the complaint.