Claim of Right

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It is an affirmative defense to prosecution under §§39-14-103,39-14-104 and39-14-106 that the person:

  1. Acted under an honest claim of right to the property or service involved;
  2. Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or
  3. Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented.


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