§ 76-6-405. Theft by deception.  


Latest version.
  • (1) As used in this section, "puffing" means an exaggerated commendation of wares or worth in a communication addressed to an individual, group, or the public.
    (2)
    (a) A person commits theft if the person obtains or exercises control over property of another person:
    (i) by deception; and
    (ii) with a purpose to deprive the other person of property.
    (b) The deception described in Subsection (2)(a)(i) and the deprivation described in Subsection (2)(a)(ii) may occur at separate times.
    (3) Theft by deception does not occur when there is only:
    (a) falsity as to matters having no pecuniary significance; or
    (b) puffing by statements unlikely to deceive an ordinary person in the group addressed.
Amended by Chapter 156, 2012 General Session