45-6-301. Theft. (1) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over property of the owner and:
     (a) has the purpose of depriving the owner of the property;
     (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
     (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.
     (2) A person commits the offense of theft when the person purposely or knowingly obtains by threat or deception control over property of the owner and:
     (a) has the purpose of depriving the owner of the property;
     (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
     (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.
     (3) A person commits the offense of theft when the person purposely or knowingly obtains control over stolen property knowing the property to have been stolen by another and:
     (a) has the purpose of depriving the owner of the property;
     (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
     (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.
     (4) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over any part of any public assistance provided under Title 52 or 53 by a state or county agency, regardless of the original source of assistance, by means of:
     (a) a knowingly false statement, representation, or impersonation; or
     (b) a fraudulent scheme or device.
     (5) A person commits the offense of theft when the person purposely or knowingly obtains or exerts or helps another obtain or exert unauthorized control over any part of any benefits provided under Title 39, chapter 71 or 72, by means of:
     (a) a knowingly false statement, representation, or impersonation; or
     (b) deception or other fraudulent action.
     (6) A person commits the offense of theft when the person purposely or knowingly commits insurance fraud as provided in 33-1-1202.
     (7) (a) A person convicted of the offense of theft of property not exceeding $500 in value shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person convicted of a second offense shall be fined $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a third or subsequent offense shall be fined $1,000 and be imprisoned in the county jail for a term of not less than 30 days or more than 6 months.
     (b) A person convicted of the offense of theft of property exceeding $500 in value or theft of any commonly domesticated hoofed animal shall be fined not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.
     (8) Amounts involved in thefts committed pursuant to a common scheme or the same transaction, whether from the same person or several persons, may be aggregated in determining the value of the property.

     History: En. 94-6-302 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 22, Ch. 359, L. 1977; R.C.M. 1947, 94-6-302; amd. Sec. 1, Ch. 374, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 2, Ch. 581, L. 1983; amd. Sec. 21, Ch. 670, L. 1985; amd. Sec. 65, Ch. 464, L. 1987; amd. Sec. 2, Ch. 739, L. 1991; amd. Sec. 1, Ch. 190, L. 1993; amd. Sec. 3, Ch. 616, L. 1993; amd. Sec. 2, Ch. 618, L. 1993; amd. Sec. 9, Ch. 237, L. 1995.