(1) In a prosecution for theft it is a defense that the defendant acted under an honest claim of right, in that:
(a) The defendant was unaware that the property was that of another; or
(b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did.
(2) In a prosecution for theft by extortion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
(3) In a prosecution for theft by receiving, it is a defense that the defendant received, retained, concealed or disposed of the property with the intent of restoring it to the owner.
(4) It is a defense that the property involved was that of the defendantís spouse, unless the parties were not living together as husband and wife and were living in separate abodes at the time of the alleged theft. [1971 c.743 §132; 2001 c.104 §53]Section: Previous 164.005 164.010 164.015 164.020 164.025 164.030 164.035 164.040 164.043 164.045 164.050 164.055 164.057 164.060 164.065 Next
Last modified: August 7, 2008