Section 16-170 Definitions.


    As used in sections 16-171 through 16-173, the following terms shall have the meaning given in this section.

     Appropriate means to take, obtain, use, transfer, conceal or retain possession of.

     Coercion. Coercion means a threat, however communicated:

    (1)    To commit any crime; or

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

    (3)    To accuse any person of any crime; or

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

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

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

    (7)    To 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 such 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 shall have the burden of injecting the issue of justification as to any threat.

     Deceit. "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.

     Deprive. "Deprive" means:

    (1)    To withhold property from the owner permanently; or

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

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

     Of another. Property is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has possessory or proprietary interest therein, except that, for purposes of sections 16-161 through 16-163, property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement.

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

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

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

(Code 1964, § 7.820)