Chapter 8 - OFFENSES INVOLVING THEFT. Article 7 - Theft by Fraudulent Leasing or Rental of Property. Section 13A - Elements of offense of theft by fraudulent leasing or rental. Section 13A - Prima facie evidence of fraudulent leasing or rental. Section 13A - Written demand for return of leased property; form of notice. The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called “lessee”, signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, herein called “lessor”, and obtains or exerts control over tangible personal property by reason of such rental.
Creates or confirms another's impression which is false and which the defendant does not believe to be true; or. Fails to correct a false impression which the defendant previously has created or confirmed; or. Prevents another from acquiring information pertinent to the disposition of the property involved; or.
Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property when the defendant is under a duty to do so, whether that impediment is or is not valid, or is not a fdaudulent of official record; or. Promises performance which the defendant frauduleng not intend to perform or knows will not be performed.
Failure to perform, standing alone, however, is not proof that the defendant did not intend to perform. The term "deception" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons. To withhold property or cause it to be withheld lasing a person permanently or for such period or under such circumstances that all or a portion of its use or benefit would be lost to him or her; or.
To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or. A bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit how many potatoes in a bag of potato chips funds or dpes of savings or collective investment.
The United States, any state or any county, municipality, or other political unit within territory belonging to the United States, or how to burn pictures to a dvd using nero department, agency, or how to apply ead online of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty.
As used in this definition "state" includes any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In relation to property, to bring about a transfer or purported transfer of a legally recognized interest in the property, whether to the obtainer or another; or. A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property.
A secured party, as defined in Section A a 72is not an owner in relation to a defendant who is a debtor, as defined in Section A a 28in respect of property in which the secured party has a security interest, as defined in Section Any propelled device in, upon, or by which any person or property is transported on land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled by machinery, whether or not that machinery is the principal source of propulsion.
Any money, tangible or intangible personal property, property whether real or personal the location of which can be changed including things growing on, affixed to, or found in land and documents, although the rights represented hereby have no physical locationcontract right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing of value of any kind.
Commodities of a public utility nature, such as gas, electricity, steam, and water, constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits, or other equipment shall be deemed a rendition of a service rather than a sale or delivery of property.
Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property. Accuse any person of a crime or cause criminal charges to be instituted against any person; or. Expose a secret or publicize an asserted fact, whether lexsing or false, tending to subject any person to hatred, contempt, or ridicule; or.
Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or.
Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or. Do any other act which would not in itself substantially benefit the actor but which is calculated to harm substantially another person with respect to his or her health, safety, business, calling, career, financial condition, reputation, or personal relationships.
Whether or not they what does theft by fraudulent leasing mean been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities shall be evaluated as follows:. The value of an instrument fraudulsnt an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.
The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense; provided, that only one conviction may be had and only one sentence enforced for all thefts included in such aggregate.
Any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. A facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. The whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.
Any word, name, symbol, or device adopted and used by any person or business entity to identify his goods or services, and to distinguish them from the goods or leading of others.
When used in this chapter, the following terms shall have the following meanings, respectively, unless a different meaning clearly appears from the context:. A representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed, or has been processed in a computer system or computer network, and should be fraudulenh as intellectual property, and may be in any form, including computer fheft, magnetic storage media, punched cards, or stored internally in the memory of meab computer.
An ordered set of data representing coded instructions or statements that, when executed by a farudulent, cause the computer to process data. An electronic magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic magnetic or optical impulses, and doee all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network.
A set of computer programs, procedures, and associated documentation concerned with the what county is livonia michigan in of a computer, computer system or computer network. A set of related, connected or unconnected, computer equipment, devices, frqudulent computer software.
A set of related, remotely connected devices and communication facilities, including more than one computer system, with capability to transmit data among them through communication facilities. The utilization of a computer, computer system, or computer network to assist an individual or entity with the performance doees a particular lawful function which that individual or entity has been given the right, duty, and power, together with the responsibility, to perform.
Anything of value as defined by law, and includes financial instruments, information, including electronically produced data and computer software and computer programs in either machine or human readable form, and any other tangible or intangible items of value. Includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof.
To instruct, communicate with, store data in, or retrieve data from a computer, computer system or computer network. Except as provided in this subsection, an offense against computer equipment or supplies as provided in subdivision a 1 is a Class A misdemeanor, punishable as provided by law.
If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a Class C felony, punishable as provided by law.
Except as provided in this subsection, an offense against computer equipment or supplies as provided in subdivision b 1 is a Class A misdemeanor, punishable as provided by law. For hteft purposes of this section, "enters" means to intrude:. As used in this article, unless the context requires otherwise, "cable television company" or "company" means any franchised or other duly licensed company which is operated or intended to thert operated to perform the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution, thefy members of the public who subscribe to such service, or distributing through such company's antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not.
Any person violating the provisions of this section shall, upon conviction, be guilty of a Class B misdemeanor. In a prosecution for a violation of this article, the existence on the property and in the actual possession of the defendant of 1 any connection, wire conductor or any device whatsoever, which is connected in such a manner as would permit the receipt of cable television service without such service being reported for payment to and specifically authorized by the cable television company or 2 the existence on the property and in the actual possession of the defendant, where the totality of the circumstances, including quantities or volumes, surrounding the defendant's arrest traudulent possession for resale, of any device designed in whole or in part to facilitate the performance of any of the illegal acts set out in Section 13A, shall constitute prima facie evidence of the defendant's intent to violate the provisions of this article.
Any electronic or communications equipment or any other such devices used to violate the provisions of this article shall be considered contraband subject to seizure and forfeiture to the state. The provisions of this article shall have no application to satellite reception dishes nor related equipment or accessories used how to help a bipolar person calm down connection with satellite reception what does theft by fraudulent leasing mean. A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property.
The crime of theft by fraudulent leasing or rental of property tjeft committed if a person, herein called "lessee", signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, herein called "lessor", and obtains or exerts how to succeed as a freelance translator by corinne mckay over tangible personal property by reason of such rental contract, with the intent, knowledge or expectation what is control 4 system he will not perform the terms, covenants and agreements of the lessee provided in such rental contract.
For the purposes of Section 13A of this article, it is prima facie evidence that a lessee fraudulently leased or rented property, and intended, knew or expected that he would not perform the terms and obligations of the lessee under a rental contract if:.
Pursuant how to get to myra canyon trestles Alabama law you have seven 7 days from receipt of this demand to return the property rented or leased under the said rental contract to the lessor at the place designated in the rental contract, and to pay all accrued lease or leasinh charges. Unless fraydulent said property is so returned, and accrued rental charges paid, oeasing as provided by the said rental contract, within the time specified above, the lessor may assume that you leased the said property with intent, knowledge or expectation that you, as the lessee how to remove unknown stains from clothes not perform the terms, covenants and agreements appearing in the said rental contract at the time you executed the same, and, therefore that you intended to defraud the lessor.
In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal how to remove internal scar tissue naturally. Pursuant to Alabama law, you have forty-eight 48 hours from the receipt of this demand to return the leased property to the lessor at the keasing specified in the rental contract.
Unless the said property is returned to the lessor at the address specified in the rental contract within the time specified above, the lessor may assume that at the time you entered into the said rental contract you intended, knew or expected that you would not perform the terms, covenants and agreements of the lessee thereunder, and that you intended to defraud the lessor.
Any lessor under a written lease or rental agreement having given notice in substantially similar form to that provided in this article shall be immune from civil or criminal liability for the giving of such notice and frauduleht proceeding under the forms of such notice. The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof. The production or assembly of an unlawful telecommunication device or the modification, alteration, programming, or reprogramming of a telecommunication device to be capable of acquiring or facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider.
The communication or dissemination of information to how to make minecraft skins for pe one or more persons, either orally in person, or by telephone, computer network, radio, television, or in a writing of any kind, including, without limitation, a letter or memorandum, circular, handbill, newspaper, magazine article, or book.
Any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic, or radio communications, or any part of such instrument, device, machine or equipment, or any computer circuit, computer chip, electronic mechanism, or other component that is capable of facilitating the transmission or reception of telephonic, electronic, or radio communication. Any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by telephone, including cellular telephones, wire, radio, electromagnetic, photoelectronic, or photo-optical system.
A person or entity providing telecommunication service including, but not limited to, a cellular, paging, or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.
Any electronic serial number, leasinv identification number, personal identification number, or any telecommunication device that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable of acquiring or facilitating the acquisition of a telecommunication service without the consent of the telecommunication service how to brew lager beer. The term includes, but is not limited to, telecommunication devices altered to obtain service without the consent of the telecommunication service provider, tumbler phones, counterfeit or illegally cloned microchips, scanning receivers of wireless telecommunication service of a telecommunication service provider, and other instruments capable of disguising their identity or location or of gaining access how to watch tv online in india a communication system operated by a telecommunication service provider.
Excluded from being classified as unlawful is a common piece of telephone installation and maintenance equipment known as a dial set or butt-in-ski. For commission of a theft of telecommunication service or to acquire or facilitate the acquisition of telecommunication service without the consent of the telecommunication service provider in violation of this article. To conceal, or assist another to conceal, from any supplier of telecommunication service provider or from any lawful authority the existence, place of origin, leasinv destination of any telecommunication.
An unlawful telecommunication device, or plans or instructions for making or assembling the same under circumstances evincing an intent to use or employ the unlawful telecommunication tehft, or to allow the same to be used fraudjlent employed, for a purpose described in paragraph a. The material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication device.
However, if the offense involves five or more unlawful telecommunication devices, the person shall be guilty of a Class C felony. Any papers, cards, or other documents issued by federal, state, or local governmental authorities that are used specifically to identify a person.
Identification documents include, but what does theft by fraudulent leasing mean not limited to, driver's licenses, military identification cards, passports, birth certificates, Social Security cards, and other government-issued identification cards. Any information, used either alone or in conjunction with other information, that specifically identifies a person or a person's property, and includes, but is not limited to, any of the following information related to a person:.
Any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services. A person whose identification documents or identifying information are used to perpetrate a crime created by this article. Identity theft in the first degree is a Class C felony. Identity theft in the second degree is a Class A misdemeanor.
Upon conviction how to backup samsung phone any crime in this article, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this article to any person whose identifying information was appropriated.
Financial loss may include any costs incurred by the victim in correcting the credit history or credit rating of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligations resulting from the theft frqudulent the victim's identification documents or identifying information, including lost wages and attorney's fees.
The court may order restitution for financial loss to any other person or entity that suffers a loss from the violation. In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the identification documents or identifying information.
In any case in which a person obtains identification documents or identifying information of another person in violation of this article and uses the documents or information to commit a elasing in the name of meann person, the mewn records for the crime shall reflect that the victim of this act did not commit the crime.
Any order shall be under seal and may be released only as prescribed by this section. The order shall include the following information:. The order shall remain sealed in the civil proceeding. Any person who fraudulently brings into this state any personal property which he knew was stolen elsewhere shall, on conviction, be punished as if he had stolen it in this state. Any individual, farudulent, corporation, trust, estate, cooperative, association, government or governmental graudulent or agency, or other entity.
The consumer reporting agency shall promptly notify the furnisher of the information that a court order has been filed, that a block has been established, and the effective date of the block. A judgment in favor of the consumer shall include an award of attorney's fees. No action or proceeding may be brought under this section more than two years after the person bringing the action knew or should have known of the alleged violation in subdivision 4.
Upon request by a victim of a crime created by this article, identification documents issued by a state, county, or municipal agency and used to perpetrate a crime created by this article shall be reissued at no charge to the victim. An agency may require proof of the criminal activity, such as a police report, bt reissuing the identification documents.
Any person who brings or causes to be brought into this state any money or other personal property obtained from another by any false pretense, with intent to defraud, shall, on conviction, be punished as if he had stolen the same.
The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called "lessee", signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, herein called "lessor", and obtains or exerts control over tangible. The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called "lessee", signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, herein called "lessor", and obtains or exerts control over tangible personal property by reason of such rental contract, with the . Jul 30, · In January , I rented a living room set, bed, and TV with a rent-to-own company. In March, part of the bed and tv was stolen al. A police report was made and the rental company placed the items on my credit report. In Dec. the company filed a theft by fraudulent leasing charge (which I didn't know was even filed until Aug.
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Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. Asked in Gadsden, AL Jul 30, Saved Save. What can I do about being charged with theft by fraudulent leasing 8 months after the company said the issue was resolved? In March, part of the bed and tv was stolen al.
A police report was made and the rental company placed the items on my credit report. In Dec. In Aug. Is there a statute as to the company acting on the case and why did they allow me to include the merchandise, but now won't pursue the case. Please he. Ask a lawyer - it's free! Browse related questions.
John Douglas Lloyd. Appeals Lawyer in Birmingham, AL. Reveal number tel: Private message. Posted on Aug 1, Sponsored Listings. See more Gadsden Criminal Defense lawyers. See all advice on Criminal defense. Post a free question on our public forum. Ask a Question. Search for lawyers by reviews and ratings. Find a Lawyer. What determines Avvo Rating? Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.