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Session Laws, 1978
Volume 736, Page 2469   View pdf image
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BLAIR LEE III, Acting Governor                           2469

(I)    IS FOUND IN POSSESSION OR CONTROL OF
PROPERTY STOLEN FROM TWO OR MORE PERSONS ON SEPARATE
OCCASIONS; OR

(II)   DURING THE YEAR PRECEDING THE
CRIMINAL POSSESSION CHARGED, HAS ACQUIRED STOLEN PROPERTY IN
A SEPARATE TRANSACTION; OR

(III)  BEING A PERSON IN THE BUSINESS OF
BUYING OR SELLING PROPERTY OF THE SORT POSSESSED, ACQUIRED
IT FOR A CONSIDERATION WHICH HE KNEW WAS FAR BELOW ITS
REASONABLE VALUE.

(3)    IN ANY PROSECUTION FOR THEFT BY POSSESSION
OF STOLEN PROPERTY UNDER THIS SECTION, IT IS NOT A DEFENSE
THAT:

(I)    THE PERSON WHO STOLE THE PROPERTY HAS
NOT BEEN CONVICTED, APPREHENDED, OR IDENTIFIED; OR

(II)   THE DEFENDANT STOLE OR PARTICIPATED
IN THE STEALING OF THE PROPERTY; OR

(III)  THE STEALING OF THE PROPERTY DID NOT
OCCUR IN THIS STATE.

(4)    A PERSON WHO CRIMINALLY POSSESSES STOLEN
PROPERTY AND A PERSON WHO HAS STOLEN THE PROPERTY ARE NOT
ACCOMPLICES IN THEFT FOR THE PURPOSE OF ANY RULE OF EVIDENCE
REQUIRING CORROBORATION OF THE TESTIMONY OF AN ACCOMPLICE,
UNLESS THE PERSON WHO CRIMINALLY POSSESSES THE PROPERTY HAD
PARTICIPATED IN THE STEALING.

(D)    A PERSON COMMITS THE OFFENSE OF THEFT WHEN HE
OBTAINS CONTROL OVER 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 NATURE OR
AMOUNT OF THE PROPERTY IF HE:

(1)    KNOWS OR LEARNS THE IDENTITY OF THE OWNER
OR KNOWS, OR IS AWARE OF, OR LEARNS OF A REASONABLE METHOD
OF IDENTIFYING THE OWNER; AND

(2)    FAILS TO TAKE REASONABLE MEASURES TO
RESTORE THE PROPERTY TO THE OWNER; AND

(3)    HAS THE PURPOSE OF DEPRIVING THE OWNER
PERMANENTLY OF THE USE OR BENEFIT OF THE PROPERTY EITHER
WHEN HE OBTAINS THE PROPERTY, OR AT ANY LATER TIME.

(E)    A PERSON COMMITS THE OFFENSE OF THEFT WHEN HE
OBTAINS THE SERVICES OF ANOTHER WHICH ARE AVAILABLE ONLY FOR
COMPENSATION BY:

(1)    DECEPTION; OR

(2)    KNOWING THAT THE SERVICES ARE PROVIDED

 

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Session Laws, 1978
Volume 736, Page 2469   View pdf image
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