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The following definitions shall apply in this chapter:

A. “Appropriate lost or misdelivered property or services” means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property.

B. “Deception” occurs when the actor knowingly:

1. Creates or confirms another’s false impression which the actor knows to be false; or

2. Fails to correct another’s impression which the actor previously has created or confirmed; or

3. Prevents another from acquiring information material to the disposition of the property involved; or

4. Transfers or encumbers property without disclosing a lien, adverse claim or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or

5. Promises performance which the actor does not intend to perform or knows will not be performed.

C. “Deprive,” in addition to its common meaning, means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets or computer programs; provided, that the aforementioned are of a private proprietary nature.

D. “Enter” includes the entrance of the person or the insertion of any part of his body or any instrument or weapon held by him and used or intended to be used to threaten or intimidate a person or to detach, remove or damage property.

E. “Enters or remains unlawfully” means any unlicensed, uninvited or otherwise unprivileged entry into or remaining upon premises of another. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

F. “Malice” and “maliciously” mean with an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

G. “Obtain control over,” in addition to its common meaning, means:

1. In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

2. In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another.

H. “Owner” means a person, other than the actor, who has possession of or any other interest in the property or services involved and without whose consent the actor has no authority to exert control over the property or services.

I. “Premises” includes any building, dwelling or any real property.

J. “Receive” includes, but is not limited to, acquiring title, possession, control or a security interest or any other interest in the property.

K. “Services” includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the use of equipment and commodities of a public utility nature such as gas, electricity, steam and water.

L. “Stolen” means obtained by theft, robbery or extortion as defined in RCW Title 9A.

M. “Wrongfully obtains” or “exerts unauthorized control” means:

1. To take the property or services of another; or

2. Having any property or services in one’s possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian or officer of any person, estate, association or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody or control, to secrete, withhold or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto. (Ord. 499 §2 (part), 1978).