The crime occurs when an individual either obtains video rental property with the intent to deprive the owner of its use and possession without the owner's consent or fails to return the video rental property as agreed with the intent to deprive the owner of its use and possession without the owner's consent. Intent can be demonstrated by showing that the individual provided a false name or address for the rental, or failed to return the video rental property or pay the owner its fair market value within 48 hours of receiving a written notice and demand. An individual can avoid conviction under the statute if he or she returns or pays for the video rental property and pays all overdue charges, if applicable, within 48 hours after the person is arrested. Rely on the General Theft Statute. Under this statute, theft by deception is covered.
Deception is described as intentionally creating a false impression regarding intention.
This is also a theft by deception statute. Rely on the General Theft Statute. Rely on the General Theft Statute. However, this state has a video membership statute that allows the video retailer to charge fees to credit cards of members who fail to return videos. Under this statute, the parties must agree to this handling of the charges in the written membership agreement.