76-6-401 - Definitions.
76-6-401. Definitions.
For the purposes of this part:
(1) "Property" means anything of value, including real estate, tangible and intangiblepersonal property, captured or domestic animals and birds, written instruments or other writingsrepresenting or embodying rights concerning real or personal property, labor, services, orotherwise containing anything of value to the owner, commodities of a public utility nature suchas telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole orany portion of any scientific or technical information, design, process, procedure, formula orinvention which the owner thereof intends to be available only to persons selected by him.
(2) "Obtain" means, in relation to property, to bring about a transfer of possession or ofsome other legally recognized interest in property, whether to the obtainer or another; in relationto labor or services, to secure performance thereof; and in relation to a trade secret, to make anyfacsimile, replica, photograph, or other reproduction.
(3) "Purpose to deprive" means to have the conscious object:
(a) To withhold property permanently or for so extended a period or to use under suchcircumstances that a substantial portion of its economic value, or of the use and benefit thereof,would be lost; or
(b) To restore the property only upon payment of a reward or other compensation; or
(c) To dispose of the property under circumstances that make it unlikely that the ownerwill recover it.
(4) "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 byconversion, larceny by bailee, and embezzlement.
(5) "Deception" occurs when a person intentionally:
(a) Creates or confirms by words or conduct an impression of law or fact that is false andthat the actor does not believe to be true and that is likely to affect the judgment of another in thetransaction; or
(b) Fails to correct a false impression of law or fact that the actor previously created orconfirmed by words or conduct that is likely to affect the judgment of another and that the actordoes not now believe to be true; or
(c) Prevents another from acquiring information likely to affect his judgment in thetransaction; or
(d) Sells or otherwise transfers or encumbers property without disclosing a lien, securityinterest, adverse claim, or other legal impediment to the enjoyment of the property, whether thelien, security interest, claim, or impediment is or is not valid or is or is not a matter of officialrecord; or
(e) Promises performance that is likely to affect the judgment of another in thetransaction, which performance the actor does not intend to perform or knows will not beperformed; provided, however, that failure to perform the promise in issue without other evidenceof intent or knowledge is not sufficient proof that the actor did not intend to perform or knew thepromise would not be performed.
Enacted by Chapter 196, 1973 General Session