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§ 5-36-102 - Consolidation of offenses -- Shoplifting presumption -- Theft by deception presumption at auction of livestock -- Amount of theft.

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5-36-102.Consolidationof offenses -- Shoplifting presumption -- Theft by deceptionpresumption at auction of livestock -- Amount of theft.(a)Conductdenominated theft in this chapter constitutes a single offenseembracing the separate offenses known before January 1, 1976, as:(1)Larceny;(2)Embezzlement;(3)False pretense;(4)Extortion;(5)Blackmail;(6)Fraudulent conversion;(7)Receiving stolen property; and(8)Other similar offenses.(b)Notwithstandingthe specification of a different manner in the indictment orinformation, a criminal charge of theft may be supported by evidencethat it was committed in any manner that would be theft under thischapter subject only to the power of the court to ensure a fair trial bygranting a continuance or other appropriate relief if the conduct ofthe defense would be prejudiced by lack of fair notice or by surprise.(c)Theknowing concealment, upon an actor's person or the person of another,of an unpurchased good or merchandise offered for sale by any store orother business establishment, gives rise to a presumption that the actortook the good or merchandise with the purpose of depriving the owner oranother person having an interest in the good or merchandise.(d)Aperson who is subject to 7 U.S.C.181 et seq. that obtains livestockfrom a commission merchant by representing that the person will makeprompt payment is presumed to have obtained the livestock by deceptionif the person fails to make payment in accordance with 7 U.S.C.228b.(e)(1)Theamount involved in a theft is deemed to be the highest value, by anyreasonable standard, of the property or service that the actor obtainedor attempted to obtain.(2)Anamount involved in a theft committed pursuant to one (1) scheme orcourse of conduct, whether from one (1) or more persons, may beaggregated in determining the grade of the offense.
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  • 5-36-102. Consolidation of offenses -- Shoplifting presumption -- Theft by deception presumption at auction of livestock -- Amount of theft.

    (a) Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as:

    (1) Larceny;

    (2) Embezzlement;

    (3) False pretense;

    (4) Extortion;

    (5) Blackmail;

    (6) Fraudulent conversion;

    (7) Receiving stolen property; and

    (8) Other similar offenses.

    (b) Notwithstanding the specification of a different manner in the indictment or information, a criminal charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

    (c) The knowing concealment, upon an actor's person or the person of another, of an unpurchased good or merchandise offered for sale by any store or other business establishment, gives rise to a presumption that the actor took the good or merchandise with the purpose of depriving the owner or another person having an interest in the good or merchandise.

    (d) A person who is subject to 7 U.S.C. 181 et seq. that obtains livestock from a commission merchant by representing that the person will make prompt payment is presumed to have obtained the livestock by deception if the person fails to make payment in accordance with 7 U.S.C. 228b.

    (e) (1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain.

    (2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense.

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