Chapter 9.36 OFFENSES AGAINST PROPERTY

“Property” means any form of real property or tangible personal property which is capable of being damaged or destroyed and includes “habitable structure.”

“Habitable structure” means any building, vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling persons or conducting business whether a person is present or not.

“Value” means:

1. The market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or

2. Where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense.

3. If the property damaged has a value that cannot be ascertained by the criteria set forth in subsections (1) and (2) of this definition, the property shall be deemed to have a value of $50.00. [Amended during 2009 recodification; Code 1986 § 13-76-6-101.]

9.36.020 Arson.

A. A person is guilty of arson if, by means of fire or explosives, a person unlawfully and intentionally damages the property of another.

B. Arson is a third degree felony if the damage caused exceeds $5,000. It is a class A misdemeanor if the damage equals or exceeds $1,000, but is less than $5,000. Arson is a class B misdemeanor if the damage caused exceeds $250.00 but is less than $1,000, and is a class C misdemeanor if the damage is less than $249.99. In all cases where the damage equals or exceeds $1,000, the crime will be prosecuted by the county. [Code 1986 § 13-76-6-102.]

9.36.030 Reckless burning.

A. A person is guilty of reckless burning if he damages the property of another by reckless use of fire or causing an explosion.

B. Reckless burning is a class B misdemeanor if the damage to property exceeds $500.00 in value; and a class C misdemeanor if the damage to property exceeds $50.00 in value. Any other violation under this section shall constitute an infraction. [Code 1986 § 13-76-6-104.]

9.36.040 Criminal mischief.

A. A person commits criminal mischief if:

1. He intentionally damages, defaces or destroys the property of another;

2. He recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car or caboose, whether moving or standing.

B. “Criminal mischief” is defined herein as a class B misdemeanor if the actor’s conduct causes or is intended to cause pecuniary loss in excess of $250.00 and a class C misdemeanor if the actor’s conduct causes or is intended to cause loss of less than $250.00. [Code 1986 § 13-76-6-106.]

Article II. Burglary and Criminal Trespass

9.36.050 Definitions.

For purposes of this article:

A. A person “enters or remains unlawfully” in or upon premises when the premises or any portion thereof at the time of the entry or remaining are not open to the public and when the actor is not otherwise licensed or privileged to enter or remain on the premises or such portion thereof. [Code 1986 § 13-76-6-201.]

9.36.060 Manufacture or possession of instruments for burglary or theft.

Any person who manufactures or possesses any instrument, tool, device, article or other thing adapted, designed, or commonly used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of a burglary or theft is guilty of a class B misdemeanor. [Code 1986 § 13-76-6-205.]

9.36.070 Criminal trespass.

A. For purposes of this section, “enter” means intrusion of the entire body.

B. A person is guilty of criminal trespass if under circumstances not amounting to burglary as defined in Sections 76-2-202 through 76-2-204, Utah Code Annotated 1953:

1. He enters or remains unlawfully on property and:

a. Intends to cause annoyance or injury to any person thereon or damage to any property thereon; or

b. Intends to commit any crime, other than theft or a felony;

c. Is reckless as to whether his presence will cause fear for the safety of another.

2. Knowing his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by:

a. Personal communication with the actor by the owner or someone with apparent authority to act for the owner; or

b. Fencing or other enclosure obviously designed to exclude intruders; or

c. Posting of signs reasonably likely to come to the attention of intruders.

C. A violation of subsection (B)(2)(a) of this section is a class C misdemeanor unless it was committed in a dwelling, in which event it is a class B misdemeanor. A violation of subsection (B)(2)(b) of this section is an infraction.

D. It is a defense to prosecution under this section:

1. That the property was open to the public when the actor entered or remained; and

2. The actor’s conduct did not substantially interfere with the owner’s use of the property. [Code 1986 § 13-76-6-206.]

Article III. Theft

9.36.080 Definitions.

For the purposes of this article:

“Deception” occurs when a person intentionally:

1. Creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that is likely to affect the judgment of another in the transaction; or

2. Fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgment of another and that the actor does not now believe to be true; or

3. Prevents another from acquiring information likely to affect his judgment in the transaction; or

4. Sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid or is or is not a matter of official record; or

5. Promises performance that is likely to affect the judgment of another in the transaction, which performance the actor does not intend to perform or knows will not be; provided, however, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

“Obtain” means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction.

“Obtain or exercise unauthorized control” means, but is not necessarily limited to, conduct heretofore defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement.

“Property” means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writing representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of the public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.

“Purpose to deprive” means to have the conscious object:

1. To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or

2. To restore the property only upon payment of a reward or other compensation; or

3. To dispose of the property under circumstances that make it unlikely that the owner will recover it. [Code 1986 § 13-76-6-401.]

9.36.090 Presumptions and defenses.

The following presumption shall be applicable to this article:

A. Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.

B. It is no defense under this article that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this subsection shall not include a security interest for the repayment of a debt or obligation.

C. It is a defense under this article that the actor:

1. Acted under an honest claim of right to the property or service involved; or

2. Acted on the honest belief that he had the right to obtain or exercise control over the property or service as he did; or

3. Obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented. [Code 1986 § 13-76-6-402.]

9.36.100 Theft – Evidence to support accusation.

Conduct denominated theft in this article constitutes a single offense embracing the separate offenses as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, and receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified in MMC 9.36.110 through 9.36.170 subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise. [Code 1986 § 13-76-6-403.]

9.36.110 Theft – Elements.

A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof. [Code 1986 § 13-76-6-404.]

9.36.120 Theft by deception.

A. A person commits theft if he obtains or exercises control over the property of another by deception and with the purpose to deprive him thereof.

B. Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. “Puffing” means an exaggerated commendation of wares or worth in communications addressed to the public or to a class or group. [Code 1986 § 13-76-6-405.]

9.36.130 Theft by extortion.

A. A person is guilty of theft if he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof.

B. As used in this section, “extortion” occurs when a person threatens to:

1. Cause physical harm in the future to the person threatened or to any other person or to property at any time; or

2. Subject the person threatened or any other person to physical confinement or restraint; or

3. Engage in other conduct constituting a crime; or

4. Accuse any person of a crime or expose him to hatred, contempt or ridicule; or

5. Reveal any information or withhold testimony or information with respect to another’s legal claim or defense; or

6. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

7. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or

8. Bring about or continue a strike, boycott or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

9. Do any other act which would not in itself substantially benefit him with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships. [Code 1986 § 13-76-6-406.]

9.36.140 Theft of lost, mislaid or mistakenly delivered property.

A person commits theft when:

A. He obtains property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return it to the owner; and

B. He has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated in subsection (A) of this section. [Code 1986 § 13-76-6-407.]

9.36.150 Receiving stolen property – Duties of pawnbrokers.

A. A person commits theft if he receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen, or who conceals, sells, withholds or aids in concealing, selling, or withholding any such property from the owner, knowing the property to be stolen, with a purpose to deprive the owner thereof.

B. The knowledge or belief required for subsection (A) of this section is presumed in the case of an actor who:

1. Is found in possession or control of other property stolen on a separate occasion; or

2. Has received other stolen property within the year preceding the receiving offense charged; or

3. Being a dealer in property of the sort received, retained or disposed, acquires it for consideration which he knows is far below its reasonable value.

4. Duty of Pawnbroker. Is a pawnbroker or person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee or representative of the pawnbroker or person who buys, receives or obtains property and fails to require the seller or person delivering the property to certify, in writing, that he has the legal rights to sell the property. If the value given for the property exceeds $20.00 the pawnbroker or person shall also require the seller or person delivering the property to obtain a legible print, preferably the right thumb, at the bottom of the certificate next to his signature and at least one other positive form of identification.

C. As used in this section:

1. “Receives” means acquiring possession, control, or title or lending on the security of the property;

2. “Dealer” means a person in the business of buying or selling goods. [Code 1986 § 13-76-6-408.]

9.36.160 Theft of services.

A. A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment thereof.

B. A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts such services to his own benefit or to the benefit of another who he knows is not entitled thereto.

C. As used in this section, “services” includes, but is not necessarily limited to, labor, professional service, public utility, and transportation services, restaurant, hotel, motel, tourist cabin, rooming house and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, gas, electricity, water or steam, and the like, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made. [Code 1986 § 13-76-6-409.]

9.36.170 Devices for theft of services – Seizure and destruction.

It shall be unlawful for any person knowingly to:

A. Make or possess any instrument, apparatus, equipment or device for the use of or for the purpose of committing or attempting to commit theft as prescribed by MMC 9.36.160; or

B. Sell, offer to sell, advertise, give, transport, or otherwise transfer to another any information, instrument, apparatus, equipment or device or any information, plan or instruction for obtaining, making, or assembling the same, with the intent that it be used, or caused to be used, to commit or attempt to commit theft as prescribed by MMC 9.36.160.

C. Any information, instrument, apparatus, equipment or device, or information, plan or instruction referred to in subsection (A) of this section may be seized pursuant to a court order, lawful search and seizure, lawful arrest, or other lawful process. On the conviction of any person for a violation of any provision of this article, any such information, instrument, apparatus, equipment, device, plan, or instruction shall be destroyed as contraband by the marshal.

D. Any person who violates any provision of subsection (A) or (B) of this section is guilty of a class B misdemeanor. [Code 1986 § 13-76-6-410.]

9.36.180 Theft by person having custody of property pursuant to repair or rental agreement.

A person is guilty of theft if:

A. Having custody of property pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair, or use of such property, he intentionally uses or operates it, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or

B. Having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specified manner or at a specified time, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement. [Code 1986 § 13-76-6-411.]

9.36.190 Theft – Classification of offenses.

Theft of property and services as provided in this chapter shall be punishable as a class B misdemeanor. [Code 1986 § 13-76-6-413.]

Article IV. Fraud

9.36.200 Forgery – “Writing” defined.

A. A person is guilty of forgery, if, with purpose to defraud anyone, or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he:

1. Alters any writing of another without his authority or utters any such altered writing; or

2. Makes, completes, executes, authenticates, issues, transfers, publishes, or utters any writing so that the writing, completion, execution, authentication, issuance, transference, publication, or utterance purports to be the act of another, whether the person is existent or nonexistent, and purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

B. As used in this section, “writing” includes printing or any other method of recording information, checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other symbols of value, right, privilege, or identification.

C. Forgery is a class B misdemeanor. [Code 1986 § 13-76-6-501.]

9.36.210 Possession of forged writing or device for writings.

Any person who, with intent to defraud, knowingly possesses any writing that is a forgery as defined in MMC 9.36.200, or who with intent to defraud knowingly possesses any device for making such writing, is guilty of a class B misdemeanor. [Code 1986 § 13-76-6-502.]

9.36.220 Fraudulent handling of recordable writings.

Any person who with intent to deceive or injure anyone falsifies, destroys, removes or conceals any will, deed, mortgage, security instrument, or other writing for which the law provides public recording is guilty of fraudulent handling of recordable writing which is a class B misdemeanor. [Code 1986 § 13-76-6-503.]

9.36.230 Tampering with records.

A. Any person who, having no privilege to do so, knowingly falsifies, destroys, removes, or conceals any writing, other than the writings enumerated in MMC 9.36.220, or record, public or private, with intent to deceive or injure any person or to conceal any wrongdoings is guilty of tampering with records.

B. Tampering with records is a class B misdemeaner. [Code 1986 § 13-76-6-504.]

9.36.240 Issuing a bad check – Presumption.

A. Issuing Bad Check or Draft – Presumption. Any person who issues or passes a check or draft for the payment of money for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor or rent, knowing it will not be paid by the drawee and payment is refused by the drawee is guilty of issuing a bad check or draft.

For purposes of this subsection, a person who issues a check or draft for which payment is refused by the drawee is presumed to know the check or draft would not be paid if he had no account with the drawee at the time of issue.

B. Any person who issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, payment of which check or draft is legally refused by the drawee, is guilty of issuing a bad check or draft if he fails to make good any actual payment to the payee in the amount of the refused check or draft within 14 days of his receiving an actual notice of the check or draft’s nonpayment.

C. An offense of issuing a bad check or draft is a class B misdemeanor. [Code 1986 § 13-76-6-505.]

9.36.250 Wrongful use of credit cards – Definitions.

For purposes of this article:

“Automated banking device” means any machine which, when properly activated by a financial transaction card or a personal identification code, may be used for any of the purposes for which a financial transaction card may be used.

“Card holder” means any person or organization named on the face of a financial transaction card to whom or for whose benefit a financial transaction card is issued by an issuer.

“Financial transaction card” means:

1. Any credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card, or any other card, issued by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of the person or business; or

2. Any instrument or device used in providing the card holder access to a demand or time deposit account for the purpose of making deposits of money or checks in the account, or withdrawing funds from the account in the form of money, money orders, traveler’s checks or other form representing value, or transferring funds from any demand or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing in the credit card account.

“Issuer” means a business organization or financial institution or its agent that issues a financial transaction card.

“Personal identification code” means any numerical or alphabetical code assigned to a card holder by the issuer to permit the authorized electronic use of his financial transaction card. [Code 1986 § 13-76-6-506.]

9.36.260 Unlawful use of credit cards to acquire goods or services.

It is unlawful for any person to:

A. Knowingly, with intent to defraud, obtain or attempt to obtain credit or purchase or attempt to purchase goods, property, or services, by the use of false, fictitious, altered, counterfeit, revoked, expired, stolen, or fraudulently obtained financial transaction card by any financial transaction card credit number, personal identification code, or by the use of a financial transaction card not authorized by the issuer or card holder;

B. Use a financial transaction card, with intent to defraud, to knowingly and willfully exceed the actual balance of a demand or time deposit account;

C. Use a financial transaction card with intent to defraud, to willfully exceed an authorized credit line by $500.00 or more, or by 50 percent of such line, whichever is greater;

D. Willfully, with intent to defraud, deposit to his or any other account by means of an automated banking device, any false, fictitious, forged, altered or counterfeit check, draft, money order, or any other similar documents; or

E. Make application for a financial transaction card to an issuer while knowingly making or causing to be made a false statement or report relative to his name, occupation, financial condition, assets or to willfully and substantially undervalue or underestimate any indebtedness for the purpose of influencing the issuer to issue the financial transaction card. [Code 1986 § 13-76-6-507.]

9.36.270 Unlawful acquisition of credit cards.

It is unlawful for any person to:

A. Acquire a financial transaction card from another without the consent of the card holder or the issuer, or, with the knowledge that it has been acquired without the consent, receive a financial transaction card with intent to use it in violation of MMC 9.36.260, or sell or transfer a financial transaction card to another person with the knowledge that it will be used in violation of MMC 9.36.260; or

B. Acquire a financial transaction card that he knows was lost, mislaid, or delivered under a mistake as to the identity or address of the card holder and retain possession with intent to use it in violation of MMC 9.36.260, or sell or transfer a financial transaction card to another person with the knowledge that it will be used in violation of MMC 9.36.260. [Code 1986 § 13-76-6-508.]

9.36.280 Unlawful receipt of credit cards.

It is unlawful for any person to receive, retain, conceal, possess, or dispose of personal property, cash, or other form representing value, if he knows or has reason to believe the property, cash, or other form representing value has been obtained through unlawful conduct described in MMC 9.36.260 or 9.36.270. [Code 1986 § 13-76-6-509.]

9.36.290 Penalty.

Any person found guilty of the unlawful conduct described in MMC 9.36.250, 9.36.260 or 9.36.270 is guilty of a class B misdemeanor. [Code 1986 § 13-76-6-510.]

9.36.300 Deceptive business practices – Definitions – Defense.

A. A person is guilty of a class B misdemeanor if, in the course of business, he:

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 or 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 or offers or exposes for sale adulterated or mislabeled commodities.

a. “Adulterated” means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

b. “Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage; or

5. Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services; or

6. Offers, by advertising or other means of communication, to the public or a substantial number of persons, property, or services as part of the scheme or plan, with intent not to sell or provide the advertised property or service:

a. At the price which he offered them; or

b. In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or

c. At all.

B. It is an affirmative defense to prosecution under this section that the defendant’s conduct was not knowing and reckless. [Code 1986 § 13-76-6-511.]

9.36.310 Bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services.

A. A person is guilty of a class B misdemeanor when, without the consent of the employer or principal, contrary to the interests of the employer or principal:

1. He confers, offers, or agrees to confer upon the employee, agent, or fiduciary of any employer or principal any benefit with the purpose of influencing the conduct of the employee, agent or fiduciary in relating to his employer’s or principal’s affairs; or

2. He, as an employee, agent, or fiduciary of an employer or principal, solicits, accepts, or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence his conduct in relation to his employer’s or principal’s affairs; provided, that this section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent or fiduciary.

B. A person is guilty of violation of this section if he holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of goods or services and he solicits, accepts, or agrees to accept any benefit to influence his selection, appraisal, or criticism. [Code 1986 § 13-76-6-512.]

9.36.320 Defrauding creditors.

A person is guilty of a class B misdemeanor if:

A. He destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with the purpose to hinder enforcement of that interest; or

B. Knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors, he:

1. Destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with the purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or

2. Presents to any creditor or to any assignee for the benefit of creditors, orally or in writing, any statement relating to the debtor’s estate, knowing that a material part of such statement is false. [Code 1986 § 13-76-6-513.]

9.36.330 Using or making slugs.

A. A person is guilty of a class B misdemeanor if:

1. With a purpose to defraud the supplier of property or a service he should, by means of a coin machine, insert, deposit, or use a slug in that machine; or

2. He makes, possesses, or disposes of a slug with the purpose of enabling a person to use it fraudulently in a coin machine.

B. As used in this section:

1. “Coin machine” means any mechanical or electrical device or receptacle designed to receive a coin or bill of a certain denomination, or a token made for the purpose, and, in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service.

2. “Slug” means any object which, by virtue of its size, shape, or other quality, is capable of being inserted, deposited, or otherwise used in a coin machine or an improper substitute for a genuine coin, bill, or token. [Amended during 2009 recodification; Code 1986 § 13-76-6-515.]

9.36.340 Criminal simulation.

A. A person is guilty of criminal simulation if, with intent to defraud another:

1. He makes or alters an object in whole or in part so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have; or

2. He sells, passes, or otherwise utters an object so made or altered; or

3. He possesses an object so made or altered with intent to sell, pass, or otherwise utter it; or

4. He authenticates or certifies an object so made or altered as genuine or as different from what it is.

B. Criminal simulation is punishable as a class B misdemeanor. [Code 1986 § 13-76-6-518.]

9.36.350 False or fraudulent insurance claim – Punishment as for theft.

Every person who presents, or causes to be presented, any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss, or who prepares, makes or subscribes any account, certificate of survey, affidavit or proof of loss, or other book, paper or writing, with intent to present or use the same, or to allow it to be presented or used, in support of any such claim is punishable as in the manner prescribed for theft of property of like value. [Code 1986 § 13-76-6-521.]

Article V. Retail Theft

9.36.360 Definitions.

As used in this article:

“Merchandise” means any personal property displayed, held or offered for sale by a merchant;

“Merchant” means any owner or operator of any retail mercantile establishment where the merchandise is displayed, held or offered for sale and includes the merchant’s employees, servants, or agents;

“Minor” means any unmarried person under 18 years of age;

“Peace officer” means any marshal or police officer of this town;

“Premises of a retail mercantile establishment” includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking lots or areas set aside for the benefit of those patrons of the retail mercantile establishment;

“Retail mercantile establishment” means any place where merchandise is displayed, held or offered for sale to the public;

“Retail value” means the merchant’s stated or advertised price of the merchandise;

“Shopping cart” means those push carts of the types which are commonly provided by grocery stores, drug stores, or other mercantile establishments or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store; and

“Under-ring” means to cause the cashier or other sales recording device to reflect less than the retail value of the merchandise. [Code 1986 § 13-76-6-601.]

9.36.370 Retail theft – Acts constituting.

A person commits the offense of retail theft when he knowingly:

A. Takes possession of, conceals, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of such merchandise; or

B. Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value of any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in concert with another at less than the retail value with intention of depriving the merchant of the retail value of such merchandise; or

C. Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with intentions of depriving the merchant of the retail value of such merchandise; or

D. Under-rings with intention of depriving the merchant of the retail value of the merchandise; or

E. Removes a shopping cart from the premises of a retail mercantile establishment with intent of depriving the merchant of the possession, use or benefit of such cart. [Code 1986 § 13-76-6-602.]

9.36.380 Penalty.

A violation of this article shall be punished according to MMC 9.36.190. [Code 1986 § 13-76-6-606.]

Article VI. Computer Fraud

9.36.390 Title.

This article shall be known and cited as the “Computer Fraud Act.” [Code 1986 § 13-76-6-701.]

9.36.400 Definitions.

As used in this article:

“Access” means to directly or indirectly use, attempt to use, instruct, communicate with, cause input to, cause output from, or otherwise make use of any resources of, a computer, computer system, computer network, or any means of communication therewith.

“Computer” is any electronic device or communication facility with data processing ability.

“Computer network” means the interconnection of communication lines between computers or computers and remote terminals.

“Computer system” means a set of related, connected or unconnected devices, software or other computer-related equipment.

“Financial statement” includes, but is not limited to, any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security.

“Property” includes, but is not limited to, electronic impulses, electronically produced data, information, financial instruments, software or programs, in either machine- or human-readable form, any other tangible or intangible item relating to a computer, computer system, computer network, and any copies thereof.

“Services” include, but are not limited to, computer time, data manipulation and storage functions.

“Software” or “program” means a series of instructions or statements in a form acceptable to a computer, relating to the operations of a computer, or permitting the function of a computer system in a manner designed to provide results therefrom, including, but not limited to, system control programs, application programs, or any copies thereof. [Code 1986 § 13-76-6-702.]

9.36.410 Offenses – Degree of offense.

Any person who willfully gains access to any computer, computer system, computer network, computer software, computer program, or any computer property who knowingly and willfully provides false information or who causes any other person directly or indirectly to enter false information into any computer, computer system, computer network, computer software, computer program, and thereby devises or executes any scheme or artifice to defraud or obtain money, property, or services, including the unauthorized use of computer time, under false pretenses, representations, or promises, including representations made through a computer, and thereby alters, damages, or destroys any computer, computer system, computer network, computer software, computer program, or any computer property is guilty of a criminal offense as follows:

A. For value less than or equal to $25.00 a class C misdemeanor; or

B. For value greater than $25.00 but less than $300.00 a class B misdemeanor. [Code 1986 § 13-76-6-703.]

9.36.420 Conduct violating other ordinances.

Prosecution pursuant to this article shall not prevent any prosecution pursuant to another law, where such conduct also constitutes a violation of the other law. No prosecution may be commenced under this article more than three years after the commission of the acts constituting a violation of this article. [Code 1986 § 13-76-6-704.]

Article VII. Library Theft

9.36.430 Acts constituting library theft.

A person is guilty of the crime of library theft when he willfully, for the purpose of converting to personal use, and to deprive the owner thereof, conceals on his person or among his belongings a book or other library materials while still on the premises of the library or willfully and without authority removes a book or other library materials from such library building with the intention of converting them to his own use. [Code 1986 § 13-76-6-801.]

9.36.440 Presumption of intent.

A person who willfully conceals a book or other library materials on his person or among his belongings while still on the premises of the library or in the immediate vicinity thereof shall be prima facie presumed to have concealed the book or other library materials with the intention of converting them to his own use. If a book or other library materials are found concealed on his person or among his belongings it shall be prima facie evidence of willful concealment. [Code 1986 § 13-76-6-802.]

9.36.450 Mutilation of library material as library theft.

A person is guilty of the crime of library theft when he or she willfully commits a witnessed or documented mutilation of a library book or other library materials in the library or its immediate vicinity. [Code 1986 § 13-76-6-803.]

9.36.460 Book or other library materials defined.

The term “book or other library materials” as used in this article include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audiovisual materials in any format, electronic data processing records, artifacts, or other documentary, written or printed materials regardless of physical form or characteristics, belonging to, or on loan to or otherwise in the custody of the following:

A. Any public library;

B. Any library of an educational or historical society;

C. Any museum; or

D. Any repository of public records. [Code 1986 § 13-76-6-804.]

9.36.470 Penalty.

Any person violating the provisions of this article shall be punished subject to the provisions of MMC 9.36.190. [Code 1986 § 13-76-6-805.]