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46.4101 Definitions.

Cite as [A.S.C.A. § 46.4101]

As used in this chapter:

(a) "Adulterated" means varying from the standard of composition or quality prescribed by statute or lawfully adopted administrative rules of this Territory lawfully filed, or if none, as set by commercial usage.

(b) "Appropriate" means to take, obtain, use, transfer, conceal, or retain possession of.

(c) "Coercion" means a threat, however communicated to:

(1) commit any crime;

(2) inflict physical injury in the future on the person threatened or another;

(3) accuse any person of any crime;

(4) expose any person to hatred, contempt or ridicule;

(5) harm the credit or business repute of any person;

(6) take or withhold action as a public servant, or to cause a public servant to take or withhold action; or

(7) inflict any other harm which would not benefit the actor.

A threat of accusation, lawsuit, or other invocation of official action is not coercion if the property sought to be obtained by virtue of the threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful service. The defendant has the burden of injecting the issue of justification as to any threat.

(d) "Credit device" means a writing, number, or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

(e) "Dealer" means a person in the business of buying and selling goods.

(f) "Deceit" means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention, or other state of mind. The term "deceit" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.

(g) "Defraud" means to swindle, cheat or trick; a deliberate deception practiced so as to secure unfair or unlawful gain.

(h) "Deprive" means to:

(1) withhold property from the owners permanently;

(2) restore property only upon payment of reward or other compensation; or

(3) use or dispose of property in a manner that makes recovery of the property by the owner unlikely;

(i) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully adopted administrative rules of this territory lawfully filed, or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled as to quality and quantity.

(j) Of another: property or services means that "of another" if any natural person, corporation, partnership, association, governmental subdivision, or instrumentality, other than the actor, has a possessory or proprietary interest in it; except, that property is not considered property of another who has only a security interest in it, even if legal title is in the creditor under a conditional sales contract or other security arrangement.

(k) "Property" means anything of value whether real or personal, tangible or intangible, in possession or in action, and includes but is not limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument.

(l) "Receiving" means acquiring possession, control, or title or lending on the security of the property.

(m) "Services" includes transportation, telephone, electricity, gas, water, or other public service, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions and use of vehicles.

(n) "Writing" includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks and any other symbols of value, right, privilege, or identification.

History: 1979, PL 16-43 § 2; 2003, PL 28-3.

Research Guide: MCC 570.010, 10 ASC 1101(23), 22 ASC 1(5).