16-8-3. Theft by deception.

A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.#

A person deceives if he intentionally:#

1. (1)

   Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false;#

2. (2)

   Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;#

3. (3)

   Prevents another from acquiring information pertinent to the disposition of the property involved;#

4. (4)

   Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or#

5. (5)

   Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.#

‘‘Deceitful means’’ and ‘‘artful practice’’ do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.#