76-9-1410. Obtaining a benefit from a confidence game.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-9-1401
(2) An actor commits obtaining a benefit from a confidence game if the actor knowingly obtains or attempts to obtain from another individual money or property by any means, instrument, or device commonly referred to as a confidence game.
(3) A violation of Subsection (2) is: a second degree felony if the value of what the actor obtains is or exceeds $5,000; a third degree felony if the value of what the actor obtains is or exceeds $1,500 but is less than $5,000; a class A misdemeanor if the value of what the actor obtains is or exceeds $500 but is less than $1,500; or a class B misdemeanor if the value of what the actor obtains is less than $500.
(4) An indictment, information, or complaint under this section shall be deemed and held to contain a sufficient description of the offense if the indictment, information, or complaint contains: the date that the actor is accused of unlawfully and knowingly obtaining money or property from another individual; the name of the individual from whom the actor is accused of obtaining money or property; a description of the money or property obtained by the actor from the individual; and a description of the confidence game the actor used to obtain the money or property from the individual.