1. A person commits the crime of library theft if with the purpose to deprive, he:
- (1) Knowingly removes any library material from the premises of a library without authorization; or
(2) Borrows or attempts to borrow any library material from a library by use of a library card:
- (a) Without the consent of the person to whom it was issued; or
- (b) Knowing that the library card is revoked, canceled or expired; or
- (c) Knowing that the library card is falsely made, counterfeit or materially altered; or
- (3) Borrows library material from any library pursuant to an agreement or procedure established by the library which requires the return of such library material and, with the purpose to deprive the library of the library material, fails to return the library material to the library.
- 2. It shall be prima facie evidence of the person's purpose to deprive the library of the library materials if, within ten days after notice in writing deposited as certified mail from the library demanding the return of such library material, he without good cause shown fails to return the library material. A person is presumed to have received the notice required by this subsection if the library mails such notice to the last address provided to the library by such person.
- 3. The crime of library theft is a class C felony if the value of the library material is five hundred dollars or more; otherwise, library theft is a class C misdemeanor.
(L. 1986 S.B. 450, A.L. 2002 H.B. 1888)