(a) A person commits the crime of theft of property if he or she:

Terms Used In Alabama Code 13A-8-2

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • obtains: Such term means:

    a. See Alabama Code 45-41-170

  • owner: 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. See Alabama Code 45-41-170
  • person: includes a corporation as well as a natural person. See Alabama Code 30-3D-608
  • property: 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 location), contract right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing of value of any kind. See Alabama Code 45-41-170
  • stolen: Obtained by theft, theft by appropriating lost property, robbery, or extortion. See Alabama Code 45-41-170

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

(b) The limitations period for any prosecution under subdivision (2) of subsection (a) does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within five years.

(Acts 1977, No. 607, p. 812, §3201; Act 2003-355, p. 962, §1; Act 2004-297, p. 419, §1; Act 2014-348, p. 1293, §1.)