76-6-401. Definitions.
For the purposes of this part:
(1) "Property" means anything of value, including real estate, tangible and intangible
personal property, captured or domestic animals and birds, written instruments or other writings
representing or embodying rights concerning real or personal property, labor, services, or
otherwise containing anything of value to the owner, commodities of a public utility nature such
as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or
any portion of any scientific or technical information, design, process, procedure, formula or
invention 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 of
some other legally recognized interest in property, whether to the obtainer or another; in relation
to labor or services, to secure performance thereof; and in relation to a trade secret, to make any
facsimile, 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 such
circumstances 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 owner
will 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 by
conversion, 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 and
that the actor does not believe to be true and that is likely to affect the judgment of another in the
transaction; or
(b) Fails to correct a false impression of law or fact that the actor previously created or
confirmed by words or conduct that is likely to affect the judgment of another and that the actor
does not now believe to be true; or
(c) Prevents another from acquiring information likely to affect his judgment in the
transaction; or
(d) Sells or otherwise transfers or encumbers property without disclosing a lien, security
interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the
lien, security interest, claim, or impediment is or is not valid or is or is not a matter of official
record; or
(e) Promises performance that is likely to affect the judgment of another in the
transaction, which performance the actor does not intend to perform or knows will not be
performed; provided, however, that failure to perform the promise in issue without other evidence
of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the
promise would not be performed.
Enacted by Chapter 196, 1973 General Session
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Last revised: Wednesday, July 23, 2008