cityofalbany.net
Chapter 7.32
PETTY LARCENY – SHOPLIFTING
Sections:
7.32.010 Definitions.
7.32.020 Theft – Definition.
7.32.030 Theft.
7.32.040 Theft by receiving.
7.32.010 Definitions.
As used in this code, unless context requires otherwise:
(1) “Appropriate property of another to oneself or a third person” or “appropriate” means to:
(a) Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of such property; or
(b) Dispose of the property of another for the benefit of oneself or a third person.
(2) “Deprive another of property” or “deprive” means to:
(a) Withhold property of another or cause property of another to be withheld from him/her permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him/her; or
(b) Dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.
(3) “Obtain” includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.
(4) “Owner of property taken, obtained or withheld” or “owner” means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.
(5) “Property” means any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or
of contract. (Ord. 5026 § 1, 1993; Ord. 3603 § 1, 1972; Ord. 2823 § 34, 1958).
7.32.020 Theft – Definition.
A person commits theft when, with intent to deprive another of property or to appropriate property to himself/herself or to a third person, he/she:
(1) Takes, appropriates, obtains or withholds such property from an owner thereof; or
(2) When the person knows or has good reason to know the property has been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient and said person has the intent to deprive the owner thereof and he/she fails to take reasonable measures to restore the property to the owner;
(3) Shoplifting Defined. Any person who willfully conceals or takes possession of any goods offered for sale by a wholesale or retail store or other mercantile establishment, without the knowledge or consent of the owner, and with the intent to convert the goods to his/her own use without paying the purchase price thereof, is guilty of shoplifting. It shall be prima facie evidence of an attempt to convert the goods to his/her own use if such goods are taken from the establishment without having paid for the same or without having made arrangements with the owner, manager, or one of his/her agents at the wholesale, retail or mercantile establishment to remove the goods. Any person found guilty of shoplifting as defined in this section shall, upon conviction, be punished as provided in Section 1.04.010. (Ord. 5026 § 1, 1993; Ord. 3603 § 8, 1972; Ord. 3462 § 1, 1970; Ord. 3198 § 1, 1965).
7.32.030 Theft.
A person commits the crime of theft if, by other than extortion, the person:
(1) Commits theft as defined in Section 7.32.020 of this chapter; and
(2) The total value of the property in a single or aggregate transaction is under $750.00; or
(3) The total value of the property in a single or aggregate transaction is under $200.00 in a case of theft by receiving. (Ord. 5141 § 1, 1994; Ord. 4918 § 1, 1990; Ord. 3603 § 9, 1972).
7.32.040 Theft by receiving
(1) A person commits the crime of theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know the property was the subject of theft.
(2) “Receiving” means acquiring possession, control or title, or lending on security of the property. (Ord. 5141 § 5, 1994).