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John Smith has referred us a case from his friend, Joe Sampson. Joe's son, Dan Sampson, is an 18-year-old construction worker who lives with his

John Smith has referred us a case from his friend, Joe Sampson. Joe's son, Dan Sampson, is an 18-year-old construction worker who lives with his parents. Shortly after he was employed, he bought a car. His father co-signed for the loan. Then Dan bought a $600 television for his room. After the warranty expired on the television, it stopped working. Dan took the set to Easy Eddie's Repair Shop to be fixed. When Dan left the television, Farley, the head bookkeeper at Easy Eddie's, required Dan to sign an agreement authorizing the repair shop to make whatever repairs might be necessary and obligating Dan to pay for any necessary repairs that were made. Eddie promised the television set would be ready to pick up by the end of the week. On that Friday, Dan appeared at the repair shop to pick up his television. It was not ready. Dan came back the following Friday as well as the Friday after that but the television was still not ready. Dan became very upset at being put off and demanded that the television be returned to him at once. After a long discussion, Eddie, the owner, convinced Dan to leave the television and promised that it would be ready the following Wednesday. On Wednesday, Dan came to the repair shop and learned that the television had been repaired. Eddie presented him with the repair invoice for $607.35. Dan was understandably upset that the shop would spend more to repair the television than it had originally cost. Eddie reminded Dan that he had signed a contract to pay for necessary repairs and told him to "take it or leave it." Dan was incensed. He stomped out of the shop without paying the invoice and without his television. After brooding about the matter for several days, Dan and one of his friends parked near the repair shop (on the following Friday). Dan knew that the shop was busy on Fridays, and while all of the clerks were helping customers, Dan slipped into the back room. He found his television, took it out the backdoor, and put it in his friend's car. Dan and his friend then drove away. On the following day, two police officers appeared at Dan's home with a search warrant. Dan's mother let them in the house. They found the television and arrested Dan for theft. He was released on his own recognizance. Dan's parents, Joe and Betty Sampson, have retained us to represent their son.

28-507. Burglary; penalty. (1) A person commits burglary if such person willfully, maliciously, and forcibly breaks and enters any real estate or any improvements erected thereon with intent to commit any felony or with intent to steal property of any value. (2) Burglary is a Class III felony. 28-511. Theft by unlawful taking or disposition. (1) A person is guilty of theft if he or she takes, or exercises control over, moveable property of another with the intent to deprive him or her thereof. (2) A person is guilty of theft if he or she transfers immovable property of another or any interest therein with the intent to benefit himself or herself or another not entitled thereto.

28-512. Theft by deception. A person commits theft if he or she obtains property of another by deception. A person deceives if he intentionally: (1) Creates or reinforces a false impression, including false impression as to law, value, intent, or other state of mind; but deception as to a person's intent to perform a promise shall not be inferred from the facts alone that he or she subsequently did not perform the promise; or (2) Prevents another from acquiring information which would affect his judgment of a transaction; or (3) Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.

28-518. Grading of theft offenses. (1) Theft constitutes a Class III felony when the value of the thing involved is over one thousand dollars. (2) Theft constitutes a Class IV felony when the value of the thing involved is three hundred dollars or more, but not over one thousand dollars. (3) Theft constitutes a Class I misdemeanor when the value of the thing involved is more than one hundred dollars, but less than three hundred dollars.

43-2101. Persons declared minors; effect. All persons under nineteen years of age are declared to be minors, but in case any such person marries under the age of nineteen years, his or her minority ends. The contracts of persons who are minors may be declared void, at the option of such minor person, during his or her minority or within a reasonable time after his or her minority ends. 52-202. Artisan's lien. Any person who makes, alters, repairs, or in any way enhances the value of any vehicle, automobile, machinery, appliance, implement, or tool at the request of or with the consent of the owner or owners thereof, shall have a lien upon such vehicle, automobile, machinery, appliance, implement, or tool while in his possession, for the reasonable or agreed charged for the work done or material furnished, and shall have the right to retain such property until such charges are paid.

What are Dan`s potential criminal and civil liability based on these statutory provisions? What are the facts, issue(s), discussion, and conclusion on this case?

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