39-14-107 - Claim of right.

39-14-107. Claim of right.

It is an affirmative defense to prosecution under §§ 39-14-103, 39-14-104 and 39-14-106 that the person:

     (1)  Acted under an honest claim of right to the property or service involved;

     (2)  Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or

     (3)  Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented.

[Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 19.]