Fraud in the acquisition of authorization to provide motor vehicle transportation of property

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  1. (a) It is the intent of this section to deter a person from using a telephone or another electronic means of communication to obtain authorization from any person in this state to transport the property of another person by motor vehicle, whether the property is to be transported within or without this state, and to thereafter fail to deliver the property in the manner prescribed in the contract or to appropriate the property contracted to be transported, or the proceeds from the property contracted to be transported, to the actor's own use.

  2. (b) A person commits fraud in the acquisition of authorization to provide motor vehicle transportation of property if the person obtains authority by telephone, wire, or other electronic means from any person in this state to transport a good within or without this state and thereafter:

    1. (1) Fails to deliver the good in the time and manner prescribed by the contract, with intent to defraud the owner or shipper of the good;

    2. (2) Appropriates to the actor's own use the good contracted to be transported; or

    3. (3) Appropriates to the actor's own use the proceeds from the sale, barter, or other transfer of ownership of the good contracted to be transported.

  3. (c) Fraud in the acquisition of authorization to provide motor vehicle transportation of property is a Class D felony.


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