Theft by deception.

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  • (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.




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