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46.4108 Claim of right.

Cite as [A.S.C.A. § 46.4108]

(a) A person does not commit an offense under 46.4103 or 46.4104 if, at the time of the appropriation, he

(1) acted in the honest belief that he had the right to do so; or

(2) acted in the honest belief that the owner, if present, would have consented to the appropriation.

(b) The defendant has the burden of injecting the issue of claim of right.

History:1979, PL 16-43 § 2.

Research Guide: MCC 570.070.