§ 22-31. Criminal deprivation of property.

(a)

Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to temporarily deprive the owner of the use thereof, without the owner's consent but not with the intent of permanently depriving the owner of the possession, use or benefit of such owner's property.

(b)

Criminal deprivation of property that is a motor vehicle shall be subject to the penalty provisions of this paragraph. Upon a conviction of this subsection, a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $100.00. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein.

(c)

The penalty for a violation of this section not subject to subsection (b) shall be a fine not exceeding $1,000.00, or imprisonment of a period not exceeding one year, or by both such fine and imprisonment.

(d)

Upon a second or subsequent conviction of this section, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100.00.

(e)

The mandatory provisions of this article shall not apply to any person where such application would result in a manifest injustice.

(f)

Violation of this section is a Class A violation.

(Ord. No. 7333, § 9, 12-19-17)