Worksheet - Theft

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Class B Offense

Class Offense Definition

Theft means:

1. Obtaining, or exerting control over, the property of another with intent to deprive that person of the property;

2. Obtaining, or exerting control over, the property of another by deception with intent to deprive the person of the property;

3. Obtaining, or exerting control over, the property of another which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner;

4. Intentionally obtaining services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services;

5. Having control over the disposition of services of another to which the person is not entitled, intentionally diverts those services to the person’s own benefit or to the benefit of a person not entitled thereto;

6. Failing to make required disposition of funds by:

   1. Intentionally obtaining property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person’s own property reserved in equivalent amount, and dealing with the property as the person’s own and failing to make the required payment or disposition; or

   2. Obtaining personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and intentionally failing to make the payment or disposition at the proper time;

7. Intentionally receiving, retaining, or disposing of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property, or

8. Shoplifting:

   1. Concealing or taking possession of the goods or merchandise of any store or retail establishment, with the intent to defraud;

   2. Altering the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud; or

   3. Transferring the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.

Elements Checklist

1. Obtaining, or exerting control over, the property of another with intent to deprive that person of the property. OR

2. Obtaining, or exerting control over, the property of another by deception with intent to deprive the person of the property.  OR

3. Obtaining, or exerting control over, the property of another which:

   1. The person knows to have been lost or mislaid, OR

   2. To have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts

   3. AND with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner.  OR

4. Intentionally obtaining services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services.  OR

5. Having control over the disposition of services of another to which the person is not entitled, intentionally diverts those services to the person’s own benefit or to the benefit of a person not entitled thereto; OR

6. Failing to make required disposition of funds by:

   1. Intentionally obtaining property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person’s own property reserved in equivalent amount, and dealing with the property as the person’s own and failing to make the required payment or disposition; OR

   2. Obtaining personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and intentionally failing to make the payment or disposition at the proper time.  OR

7. Intentionally receiving, retaining, or disposing of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property, OR

8. Shoplifting:

   1. Concealing or taking possession of the goods or merchandise of any store or retail establishment, with the intent to defraud.  OR

   2. Altering the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud; OR

   3. Transferring the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.

To complete this worksheet:

1. Check Investigation documentation on file.  

2. Enter any additional comments in the text field at the bottom of the worksheet.

3. Click OK to save and close the worksheet when you are done.

See also:

Offenses

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