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(1) Theft in the Third Degree. A person commits the crime of theft in the third degree if the total value of the property in a single or an aggregate transaction is less than $100, and the person, by means other than extortion, with the intent to deprive another of property or to appropriate property to the person or a third person:

(a) Takes, appropriates, obtains or withholds such property from an owner thereof; or

(b) Comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, and with the intent to deprive the owner thereof fails to take reasonable measures to restore the property to the owner; or

(c) Obtains property of another, and with the intent to defraud:

1. Creates or confirms another’s false impression of law, value, intention or other state of mind which the actor does not believe to be true; or

2. Fails to correct a false impression which the person previously created or confirmed; or

3. Prevents another from acquiring information pertinent to the disposition of the property involved; or

4. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or

5. Promises performance which the person does not intend to perform or knows will not be performed.

(d) Receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft. For purposes of this subsection, “receiving” means acquiring, possession, control or title, or lending on the security of the property.

(2) Theft in the Second Degree. A person commits the crime of theft in the second degree if, by means other than extortion, the person commits a theft described in subsection (1) of this section and the total value of the property in a single or aggregate transaction is $100 or more, but is less than $1,000.

(Section 4.822 added by Ordinance No. 20348, enacted July 25, 2005, effective August 25, 2005; and amended by Ordinance No. 20446, enacted December 14, 2009, effective January 1, 2010.)