76-6-405. Theft by deception.
(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. Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits theft by deception if the actor obtains or exercises control over property of another person: by deception; and with a purpose to deprive the other person of property. The deception described in Subsectionand the deprivation described in Subsectionmay occur at separate times. (2)(a)(i) (2)(a)(ii)
(3) A violation of Subsectionis: (2) a second degree felony if the: value of the property is or exceeds $5,000; or property stolen is a firearm or an operable motor vehicle; a third degree felony if: the value of the property is or exceeds $1,500 but is less than $5,000; the value of the property is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor: any theft, any robbery, or any burglary with intent to commit theft; any offense under; Part 5, Fraud any attempt to commit any offense under Subsectionor; or (3)(b)(ii)(A) (B) any offense in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to an offense under Subsection,or; (3)(b)(ii)(A) (B), (C) the value of property is or exceeds $500 but is less than $1,500; the theft occurs on a property where the offender has committed any theft within the past five years; and the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Subsection; or 78B-3-108(4) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsectionsthrough, if the prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; (3)(b)(ii)(A) (3)(b)(ii)(D) a class A misdemeanor if: the value of the property stolen is or exceeds $500 but is less than $1,500; the value of property is less than $500; the theft occurs on a property where the offender has committed any theft within the past five years; and the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Subsection; or 78B-3-108(4) the actor has been twice before convicted of any of the offenses listed in Subsectionsthrough, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; or (3)(b)(ii)(A) (3)(b)(ii)(D) a class B misdemeanor if the value of the property stolen is less than $500 and the theft is not an offense under Subsection. (3)(c)
(4) Theft by deception does not occur when there is only: falsity as to matters having no pecuniary significance; or puffing by statements unlikely to deceive an ordinary person in the group addressed.