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Theft under a consolidated theft statute also typically requires the attendant circumstance element of lack of victim consent. 1 Thus victim consent to the taking or conversion may operate as a failure of proof or affirmative defense in many jurisdictions. Keep in mind that all the rules of consent discussed in and apply. Thus consent obtained fraudulently, as in larceny by trick or false pretenses, is not valid and effective and cannot form the basis of a consent defense.
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