§ 38-51.2. Definitions applicable to sections 38-51.5 and 38-51.7.

For the purposes of sections 38-51.5 and 38-51.7:

(1)

The test of value shall be the reasonable market value of the item or items at the time of the commission of the alleged offense. The retail price of the item or items shall be prima facie evidence of the reasonable market value.

(2)

Goods, wares or merchandise are that of "another" if anyone other than the defendant has a possessory or proprietary interest therein.

(3)

In addition to their common definitions and meanings, the words "goods, wares and merchandise" shall include petroleum products and also food or beverages sold either in restaurants or in other food-dispensing establishments or by a vendor. However, no goods, wares or merchandise removed from any vending machine shall be within the purview of sections 38-51.5 and 38-51.7.

(Ord. No. 152-81, § 1, 3-23-81)

Note— See the editor's note for § 38-51.

State law reference

Theft, C.R.S. 1973, 18-4-401 et seq.