Claim of right

It is an affirmative defense to prosecution under §§ 39-14-103 , 39-14-104 and 39-14-106 that the person: (1) Acted under an honest claim of right to the property or service involved; (2) Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or (3) Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 19. It is an affirmative defense to prosecution under §§ 39-14-103 , 39-14-104 and 39-14-106 that the person: (1) Acted under an honest claim of right to the property or service involved; (2) Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or (3) Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 19.