S.B. 738
VETOES
(3) The value of a trade secret which does not have a readily ascertainable
market value shall be deemed any reasonable value representing the damage to the owner
suffered by reason of losing an advantage over those who do not know of or use the trade
secret.
(4) When it cannot be determined if the value of the property or service is
more or less than $300 by the standards set forth in this subsection, its value shall be
determined to be an amount less than $300.
(5) When theft is committed in violation of this subheading pursuant to one
scheme or continuing course of conduct, whether from the same or several sources, the
conduct may be considered as one offense and the value of the property or services
aggregated in determining whether the theft is a felony or a misdemeanor.
341.
Conduct designated as theft in this subheading constitutes a single crime embracing,
among others, the separate crimes heretofore known as larceny, larceny by trick, larceny
after trust, embezzlement, false pretenses, shoplifting, and receiving stolen property. An
accusation of theft may be proved by evidence that it was committed in any manner that
would be theft under this subheading, notwithstanding the specification of a different
manner in the information, indictment, warrant, or other charging document, 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.
342.
(a) A person commits the offense of theft when he willfully or knowingly obtains
control which is unauthorized or exerts control which is unauthorized over property of the
owner, and:
(1) Has the purpose of depriving the owner of the property; or
(2) Willfully or knowingly uses, conceals, or abandons the property in such
manner as to deprive the owner of the property; or
(3) Uses, conceals, or abandons the property knowing the use, concealment,
or abandonment probably will deprive the owner of the property.
(b) A person commits the offense of theft when he willfully or knowingly uses
deception to obtain and does obtain control over property of the owner, and;
(1) Has the purpose of depriving the owner of the property; or
(2) Willfully or knowingly uses, conceals, or abandons the property in such
manner as to deprive the owner of the property; or
(3) Uses, conceals, or abandons the property knowing such use,
concealment, or abandonment probably will deprive the owner of the property.
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