§ 62-40. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adulterated means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulations of this state lawfully filed, or if none, as set by commercial usage.

Appropriate means to take, obtain, use, transfer, conceal or retain possession of.

Coercion means a threat, however communicated:

(1)

To commit any crime;

(2)

To inflict physical injury in the future on the person threatened or another;

(3)

To accuse any person of any crime;

(4)

To expose any person to hatred, contempt or ridicule;

(5)

To harm the credit or business repute of any person;

(6)

To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or

(7)

To inflict any other harm which would not benefit the actor.

A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat.

Credit device means a writing, number or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

Dealer means a person in the business of buying and selling goods.

Deceit means purposely making a representation which is false and that the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term "deceit" does not, however, include falsity as to matters having no pecuniary significance, or puffing statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.

Deprive means:

(1)

To withhold property from the owner permanently;

(2)

To restore property only upon payment of reward or other compensation; or

(3)

To use or dispose of property in a manner that makes recovery of the property by the owner unlikely.

Enter unlawfully or remain unlawfully means a person who enters in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his purpose, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or by another authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.

Forcibly steals means a person who commits robbery when, in the course of stealing, as defined in section 62-49, he uses or threatens the immediate use of physical force upon another person for the purpose of:

(1)

Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or

(2)

Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

Inhabitable structure means and includes a ship, trailer, sleeping car, airplane, or other vehicle or structure:

(1)

Where any person lives or carries on business or other calling;

(2)

Where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or

(3)

Which is used for overnight accommodations of persons.

Any such vehicle or structure is inhabitable regardless of whether a person is actually present.

Mislabeled means varying from the standards of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulations of this state lawfully filed, or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled as to quality and quantity.

Of another means property or services is that of any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has the possessory or proprietary interest therein, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an inhabitable structure of another.

Property means any thing of value whether real or personal, tangible or intangible, in possession or in action, and shall include, but not be limited to, the evidence of a debt actually executed but not delivered or issued as a valid instrument.

Receiving means acquiring possession, control or title or lending on the security of the property.

Services means and includes transportation, telephone, electricity, gas, water or other public service, accommodation in restaurants or elsewhere, admission to exhibitions and use of vehicles.

To tamper means to interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing.

Utility means an enterprise that provides gas, electric, steam, water, sewage disposal or communication services and any common carrier. It may be either publicly or privately owned or operated.

Vital public facility means and includes a facility maintained for use as a bridge, whether over land or water, dam, reservoir, tunnel, communication installation or power station.

Writing means and includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks and any other symbols of value, right, privilege or identification.

(Code 1969, § 18-17; Ord. No. 1268, § 1, 4-16-1981)