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Section 5. Section 4.822 is added to the Eugene Code, 1971, to provide: <br /> <br />4.822 <br /> <br />Theft, <br />(1) Theft in the Third Deqree. A person commits the crime of theft in the <br /> third degree if the total value of the property in a single or an aggregate <br /> transaction is under $50, and the person, with the intent to deprive <br /> another of property or to appropriate property to the person or a third <br /> person, the person: <br /> (a) Takes, appropriates, obtains or withholds such property from an <br /> owner thereof; or <br /> (b) Comes into control of property of another that the person knows <br /> or has good reason to know to have been lost, mislaid or <br /> delivered under a mistake as to the nature or amount of the <br /> property or the identify of the recipient, and with the intent to <br /> deprive the owner thereof fails to take reasonable measures to <br /> restore the property to the owner; or <br /> (c)Obtains property of another, and with the intent to defraud: <br /> 1. Creates or confirms another's false impression of law, value, <br /> intention or other state of mind which the actor does not <br /> believe to be true; or <br /> 2. Fails to correct a false impression which the person <br /> previously created or confirmed; or <br /> 3. Prevents another from acquiring information pertinent to the <br /> disposition of the property involved; or <br /> 4. Sells or otherwise transfers or encumbers property, failing to <br /> disclose a lien, adverse claim or other legal impediment to <br /> the enjoyment of the property, whether such impediment is <br /> or is not valid, or is or is not a matter of official record; or <br /> 5. Promises performance which the person does not intend to <br /> perform or knows will not be performed. <br /> (d) Receives, retains, conceals or disposes of property of another <br /> knowing or having good reason to know that the property was the <br /> subject of theft. For purposes of this subsection, "receiving" <br /> means acquiring, possession, control or title, or lending on the <br /> security of the property. <br />(2) Theft in the Second Degree. A person commits the crime of theft in the <br /> second degree if the person commits a theft described in subsection (1) <br /> of this section and the total value of the property in a single or <br /> aggregate transaction is $50 or more, but is under $200 if a theft <br /> described in (1)(d), and under $750 if a theft described in (1)(a), (1)(b) <br /> or (1)(0). <br /> <br />Section 6. Sections 4.880 and 4.882 are added to the Eugene Code, 1971 to <br /> <br />provide: <br /> <br />Ordinance - 2 <br /> <br /> <br />