[Ord. No. 932 §10.605, 11-3-1980]
As used in this Article the following words shall have the meanings
set out below:
Varying from the standard of composition or quality prescribed
by statute or lawfully promulgated administrative regulations of this
City lawfully filed, or if none, as set by commercial usage.
To take, obtain, use, transfer, conceal or retain possession
of.
A threat, however communicated:
To commit any offense; or
To inflict physical injury in the future on the person threatened
or another; or
To accuse any person of any offense; or
To expose any person to hatred, contempt or ridicule; or
To harm the credit or business repute of any person; or
To take or withhold action as a public servant, or to cause
a public servant to take or withhold action; or
To inflict any harm which would not benefit the actor.
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A threat of accusation, lawsuit or other invocation of official
action is not coercion if the property sought to be obtained by virtue
of such threat was honestly claimed as restitution or indemnification
for harm done in the circumstances to which the accusation, exposure,
lawsuit or other official action relates, or as compensation for property
or lawful service. The defendant shall have the burden of injecting
the issue of justification as to any threat.
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A writing, number or other device purporting to evidence
an undertaking to pay for property or services delivered or rendered
to or upon the order of designated person or bearer.
A person in the business of buying and selling goods.
Purposely making a representation which is false and which
the actor does not believe to be true and upon which the victim relies,
as to a matter of fact, law, value, intention or other state of mind.
The term "deceit" does not, however, include falsity
as to matters having no pecuniary significance, or puffing by statements
unlikely to deceive ordinary persons in the group addressed. Deception
as to the actor's intention to perform a promise shall not be inferred
from the fact alone that he did not subsequently perform the promise.
Means:
Varying from the standard of truth or disclosure in labeling
prescribed by statute or lawfully promulgated administrative regulations
of this City lawfully filed, or if none, as set by commercial usage;
or represented as being another person's product, though otherwise
accurately labeled as to quality and quantity.
Property or services is that "of another" if any natural person, corporation, partnership, association, governmental
subdivision or instrumentality, other than the actor, has a possessory
or proprietary interest therein, except that property shall not be
deemed property of another who has only a security interest therein,
even if legal title is in the creditor pursuant to a conditional sales
contract or other security arrangement.
Anything of value whether real or personal, tangible or intangible,
in possession or in action, and shall include but not be limited to
the evidence of a debt actually executed but not delivered or issued
as a valid instrument.
Acquiring possession, control or title or lending on the
security of the property.
Includes transportation, telephone, electricity, gas, water
or other public service, accommodation in hotels, restaurants or elsewhere,
admission to exhibitions and use of vehicles.
Includes printing, any other method of recording information,
money, coins, negotiable instruments, tokens, stamps, seals, credit
cards, badges, trademarks, and other symbols of value, right, privilege
or identification.
[Ord. No. 932 §10.610, 11-3-1980]
A.
For
the purposes of this Chapter, the value of property shall be ascertained
as follows:
1.
Except as otherwise specified in this Section "value" means the market value of the property at the time and place of
the crime, or if such cannot be satisfactorily ascertained, the cost
of replacement of the property within a reasonable time after the
crime.
2.
Whether or not they have been issued or delivered, certain written
instruments, not including those having a readily ascertainable market
value such as some public and corporate bonds and securities, shall
be evaluated as follows:
a.
The value of an instrument constituting evidence of a debt, such
as a check, draft or promissory note, shall be deemed the amount due
or collectible thereon or thereby, such figure ordinarily being the
face amount of the indebtedness less any portion thereof which has
been satisfied;
b.
The value of any other instrument which creates, releases, discharges
or otherwise affects any valuable legal right, privilege or obligation
shall be deemed the greatest amount of economic loss which the owner
of the instrument might reasonably suffer by virtue of the loss of
the instrument.
A person commits the offense of stealing if he appropriates
property or services with a value of less than one hundred fifty dollars
($150.00) of another with the purpose to deprive him thereof, either
without his consent or by means of deceit or coercion.
[Ord. No. 932 §10.620, 11-3-1980]
A.
A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of Section 210.290 unless such property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.
B.
The
defendant shall have the burden of injecting the issue of lost property.
[Ord. No. 932 §10.625, 11-3-1980]
A.
A person
commits the offense of receiving stolen property if for the purpose
of depriving the owner of a lawful interest therein, he receives,
retains or disposes of property with a value of less than one hundred
fifty dollars ($150.00) of another knowing that it has been stolen,
or believing that it has been stolen.
B.
Evidence
of the following is admissible in any criminal prosecution under this
Section to prove the requisite knowledge or belief of the alleged
receiver:
1.
He was found in possession or control of other property stolen on
separate occasions from two (2) or more persons;
2.
He received other stolen property in another transaction within the
year preceding the transaction charged;
3.
He acquired the stolen property for a consideration which he knew
was far below its reasonable value.
[Ord. No. 932 §10.645, 11-3-1980]
A.
A person
commits the offense of issuing a false instrument or certificate when,
being authorized by law to take proof or acknowledgement of any instrument
which by law may be recorded, or being authorized by law to make or
issue official certificates or other official written instruments,
he issues such an instrument or certificate, or makes the same with
the purpose that it be issued, knowing:
[Ord. No. 932 §10.660, 11-3-1980]
A.
A person
commits the offense of deceptive business practice if in the course
of engaging in a business, occupation or profession, he recklessly:
1.
Uses or possesses for use a false weight or measure, or any other
device for falsely determining or recording any quality or quantity;
or
2.
Sells, offers or exposes for sale, or delivers less than the represented
quantity of any commodity or service; or
3.
Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he furnishes the weight or measure;
or
4.
Sells, offers or exposes for sale adulterated or mislabeled commodities;
or
5.
Makes a false or misleading written statement for the purpose of
obtaining property or credit.
[Ord. No. 932 §10.670, 11-3-1980]
A person commits the offense of false advertising if, in connection
with the promotion of the sale of, or to increase the consumption
of, property or services, he recklessly makes or causes to be made
a false or misleading statement in any advertisement addressed to
the public or to a substantial number of persons.
[Ord. No. 932 §10.675, 11-3-1980]
A.
A person
commits the offense of bait advertising if he advertises in any manner
the sale of property or services with the purpose not to sell or provide
the property or services;
[Ord. No. 932 §10.685, 11-3-1980]
A.
A person
commits the offense of telephone service fraud if the person by deceit
obtains or attempts to obtain telephone service without paying the
lawful charge, except that it shall not be unlawful for a person to
purchase, rent or use telephones or telephone receiving equipment
acquired from a lawful source, other than the telephone utility certified
to serve the area in which such person resides.
B.
A person
commits the offense of electronic telephone fraud if the person knowingly:
1.
Uses, in connection with the making or receiving of a telephone call;
or
2.
Has possession of; or
3.
Transfers possession or causes the transfer of possession to another;
or
4.
Makes or assembles;
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An electronic or mechanical device which, when used in connection
with a telephone call, will cause the billing system of telephone
company to record incorrectly, or omit to record correctly, any fact
by which the person responsible for paying the charge for a telephone
call is determined.
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