Theft of property lost, mislaid, or delivered by mistake

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  1. (a) A person commits theft of property lost, mislaid, or delivered by mistake if the person:

    1. (1) Comes into control of property of another person;

    2. (2) Retains or disposes of the property when the person knows the property to have been lost, mislaid, or delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property; and

    3. (3) With the purpose of depriving any person having an interest in the property, the person fails to take a reasonable measure to restore the property to a person entitled to it.

  2. (b) Theft of property lost, mislaid, or delivered by mistake is a:

    1. (1) Class D felony if the value of the property is one thousand dollars ($1,000) or more;

    2. (2) Class B misdemeanor if:

      1. (A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or

      2. (B) The property is a:

        1. (i) Credit card or credit card account number; or

        2. (ii) Debit card or debit card account number; or

    3. (3) Class C misdemeanor if otherwise committed.


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