- (a) It is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property, theft of lost property, theft of services and unauthorized use of vehicle) that the actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him.
- (b) The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
(Acts 1977, No. 607, p. 812, §3230; Acts 1979, No. 79-664, p. 1163, §1.)