13-1801. Definitions
A. In this chapter, unless the context otherwise requires:
1. "Check" means any check, draft or other negotiable or nonnegotiable instrument
of any kind.
2. "Control" or "exercise control" means to act so as to exclude others from using
their property except on the defendant's own terms.
3. "Credit" means an express agreement with the drawee for the payment of a check.
4. "Deprive" means to withhold the property interest of another either permanently
or for so long a time period that a substantial portion of its economic value or
usefulness or enjoyment is lost, to withhold with the intent to restore it only on
payment of any reward or other compensation or to transfer or dispose of it so that it is
unlikely to be recovered.
5. "Draw" means making, drawing, uttering, preparing, writing or delivering a
check.
6. "Funds" means money or credit.
7. "Issue" means to deliver or cause to be delivered a check to a person who
thereby acquires a right against the drawer with respect to the check. A person who draws
a check with the intent that it be so delivered is deemed to have issued it if the
delivery occurs.
8. "Material misrepresentation" means a pretense, promise, representation or
statement of present, past or future fact that is fraudulent and that, when used or
communicated, is instrumental in causing the wrongful control or transfer of property or
services. The pretense may be verbal or it may be a physical act.
9. "Means of transportation" means any vehicle.
10. "Obtain" means to bring about or to receive the transfer of any interest in
property, whether to a defendant or to another, or to secure the performance of a service
or the possession of a trade secret.
11. "Pass" means, for a payee, holder or bearer of a check that previously has been
or purports to have been drawn and issued by another, to deliver a check, for a purpose
other than collection, to a third person who by delivery acquires a right with respect to
the check.
12. "Property" means any thing of value, tangible or intangible, including trade
secrets.
13. "Property of another" means property in which any person other than the
defendant has an interest on which the defendant is not privileged to infringe, including
property in which the defendant also has an interest, notwithstanding the fact that the
other person might be precluded from civil recovery because the property was used in an
unlawful transaction or was subject to forfeiture as contraband. Property in possession
of the defendant is not deemed property of another person who has only a security
interest in the property, even if legal title is in the creditor pursuant to a security
agreement.
14. "Services" includes labor, professional services, transportation, cable
television, computer or communication services, gas or electricity services,
accommodation in hotels, restaurants or leased premises or elsewhere, admission to
exhibitions and use of vehicles or other movable property.
15. "Value" means the fair market value of the property or services at the time of
the theft. The value of ferrous metal or nonferrous metal, as defined in section 44-1641,
is the average fair market value of the metal as scrap metal in the local area together
with the repair or replacement value of any property from which the scrap metal was
removed at the time of the theft. Written instruments that do not have a readily
ascertained market value have as their value either the face amount of indebtedness less
the portion satisfied or the amount of economic loss involved in deprivation of the
instrument, whichever is greater. When property has an undeterminable value the trier of
fact shall determine its value and, in reaching its decision, may consider all relevant
evidence, including evidence of the property's value to its owner.
B. In determining the classification of the offense, the state may aggregate in the
indictment or information amounts taken in thefts committed pursuant to one scheme or
course of conduct, whether the amounts were taken from one or several persons.
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