[Ord. No. 962 §6, 10-25-2007; Ord. No. 1600 §7, 1-18-2017]
[Ord. No. 1985, 12-15-2021]
A.
AIRCRAFT
MOTOR VEHICLE
OFF-ROAD VEHICLE
TO TAMPER, TAMPERS, or TAMPERING
TRAILER
UTILITY
VEHICLE
VESSEL
Definitions.
As used in this Section, the following terms shall have the meanings
set out herein:
Any balloon, airplane, or hydroplane, or any other contrivance
used or designed for navigation of, or flight in, the air.
Any self-propelled mechanical device on wheels, designed
primarily for use, or used, on highways, and not used exclusively
on fixed rails or tracks.
Any self-propelled mechanical device on wheels, manufactured
and used exclusively for off-highway use, and not used exclusively
on fixed rails or tracks.
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
Any mechanical device on wheels without motive power designed
for carrying property or passengers on its own structure and for being
drawn by a self-propelled vehicle, except those running exclusively
on railroad tracks, including a semitrailer or vehicle of the trailer
type so designed and used in conjunction with a self-propelled vehicle
that a considerable part of its own weight rests upon and is carried
by the towing vehicle.
Any enterprise which provides gas, electric, steam, or water,
sewage disposal, or communication, video, internet, and any common
carrier. It may be either publicly or privately owned or operated.
Any aircraft, motor vehicle, off-road vehicle, trailer, or
vessel, and any combination or combinations thereof.
Any boat or craft used or capable of being used as a means
of transportation on water.
B.
A person commits the offense of tampering if he or she:
1.
Tampers with property of another for the purpose of causing
substantial inconvenience to that person or to another; or
2.
Unlawfully rides in or upon the vehicle of another; or
3.
Tampers or makes connection with property of a utility; or
4.
Tampers with, or causes to be tampered with, any meter or other
property of an electric, gas, steam or water utility, the effect of
which tampering is either:
C.
In any prosecution under Subdivision (4) of Subsection (B) of this Section, proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in Subdivision (4) of Subsection (B) of this Section, shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such Subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 1985, 12-15-2021]
A.
AIRCRAFT
ENTER
MOTOR VEHICLE
OFF-ROAD VEHICLE
SUCCESSIVE VEHICLES
TRAILER
VEHICLE
VESSEL
Definitions.
As used in this Section, the following terms shall have the meanings
set out herein:
Any balloon, airplane, or hydroplane, or any other contrivance
used or designed for navigation of, or flight in, the air.
Being physically present in, on or upon or accessing a vehicle
in a way that would lead a reasonable person to believe said conduct
was in furtherance of a crime.
Any self-propelled mechanical device on wheels, designed
primarily for use, or used, on highways, and not used exclusively
on fixed rails or tracks.
Any self-propelled mechanical device on wheels, manufactured
and used exclusively for off-highway use, and not used exclusively
on fixed rails or tracks.
More than one (1) vehicle.
Any mechanical device on wheels without motive power designed
for carrying property or passengers on its own structure and for being
drawn by a self-propelled vehicle, except those running exclusively
on railroad tracks, including a semitrailer or vehicle of the trailer
type so designed and used in conjunction with a self-propelled vehicle
that a considerable part of its own weight rests upon and is carried
by the towing vehicle.
Any aircraft, motor vehicle, off-road vehicle, trailer, or
vessel, and any combination or combinations thereof.
Any boat or craft used or capable of being used as a means
of transportation on water.
B.
A person
commits the offense of vehicle prowling if he or she:
1.
Tests or pulls any doors, handles, latches, hatches, or trunks, or
any combination or combinations thereof, of successive vehicles not
owned or leased by them, without each owner's or lessee's permission,
for any illegitimate or unlawful purpose and which would lead a reasonable
person to believe said conduct was in furtherance of a crime; or
2.
Opens or attempts to open any doors, handles, latches, hatches or
trunks, or any combination or combinations thereof, of successive
vehicles not owned or leased by them, without each owner's or lessee's
permission, for any illegitimate or unlawful purpose and which would
lead a reasonable person to believe said conduct was in furtherance
of a crime; or
3.
Enters in or upon the vehicle of another, without the permission
of the owner or lessee thereof, for any illegitimate or unlawful purpose.
C.
This
Section shall not apply to any Law Enforcement Officer, public safety
officer, or other public employee who performs the acts described
herein while in the performance of official duties.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person does not commit an offense by damaging, tampering with,
operating, riding in or upon, or making connection with property of
another if he or she does so under a claim of right and has reasonable
grounds to believe he or she has such a right.
B.
The defendant shall have the burden of injecting the issue of claim
of right.
C.
No person who, as a tenant, willfully or wantonly destroys, defaces,
damages, impairs, or removes any part of a leased structure or dwelling
unit, or the facilities, equipment, or appurtenances thereof, may
inject the issue of claim of right.
A.
A person commits the offense of trespass if he/she knowingly enters
unlawfully or knowingly remains unlawfully in a building or inhabitable
structure or upon real property.
B.
A person does not commit the offense of trespass by entering or remaining
upon real property unless the real property is fenced or otherwise
enclosed in a manner designed to exclude intruders or as to which
notice against trespass is given by:
C.
A person commits the offense of trespass if he/she enters unlawfully
upon real property of another. This is an offense of absolute liability.
A.
A person commits the offense of trespass of a school bus if he/she
knowingly and unlawfully enters any part of or unlawfully operates
any school bus.
B.
For the purposes of this Section, the terms "unlawfully enters" and
"unlawfully operates" refer to any entry or operation of a school
bus which is not:
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
A.
A person commits the offense of negligent burning or exploding if
he/she with criminal negligence causes damage to property or to the
woodlands, cropland, grassland, prairie, or marsh of another by:
A.
A person commits the offense of stealing if he/she:
1.
Appropriates property or services of another with the purpose
to deprive him/her thereof, either without his/her consent or by means
of deceit or coercion;
2.
Attempts to appropriate anhydrous ammonia or liquid nitrogen
of another with the purpose to deprive him or her thereof, either
without his or her consent or by means of deceit or coercion; or
3.
For the purpose of depriving the owner of a lawful interest
therein, receives, retains or disposes of property of another knowing
that it has been stolen, or believing that it has been stolen.
B.
A person does not commit the offense of stealing if, at the time
of the appropriation, he or she:
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
No person shall drive a motor vehicle so as to cause it to leave
the premises of an establishment at which motor fuel offered for retail
sale was dispensed into the fuel tank of such motor vehicle unless
payment or authorized charge for motor fuel dispensed has been made.
B.
A person found guilty or pleading guilty to stealing for the theft of motor fuel as described in Subsection (A) shall have his/her driver's license suspended by the court beginning on the date of the court's order of conviction. The person shall submit all of his/her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the Department of Revenue for administration of such order.
A.
A person commits the offense of financial exploitation of an elderly
person or a person with a disability if such person knowingly obtains
control over the property of the elderly person or person with a disability
with the intent to permanently deprive the person of the use, benefit
or possession of his/her property thereby benefiting the offender
or detrimentally affecting the elderly person or person with a disability
by:
1.
Deceit;
2.
Coercion;
3.
Creating or confirming another person's impression which is
false and which the offender does not believe to be true;
4.
Failing to correct a false impression which the offender previously
has created or confirmed;
5.
Preventing another person from acquiring information pertinent
to the disposition of the property involved;
6.
Selling or otherwise transferring or encumbering property, failing
to disclose a lien, adverse claim or other legal impediment to the
enjoyment of the property, whether such impediment is or is not valid,
or is or is not a matter of official record;
7.
Promising performance which the offender does not intend to
perform or knows will not be performed. Failure to perform standing
alone is not sufficient evidence to prove that the offender did not
intend to perform; or
8.
Undue influence, which means the use of influence by someone
who exercises authority over an elderly person or person with a disability
in order to take unfair advantage of that person's vulnerable state
of mind, neediness, pain, or agony. Undue influence includes, but
is not limited to, the improper or fraudulent use of a power of attorney,
guardianship, conservatorship, or other fiduciary authority.
B.
Nothing in this Section shall be construed to limit the remedies
available to the victim pursuant to any State law relating to domestic
violence.
C.
Nothing in this Section shall be construed to impose criminal liability
on a person who has made a good faith effort to assist the elderly
person or person with a disability in the management of his/her property,
but through no fault of his/her own has been unable to provide such
assistance.
D.
Nothing in this Section shall limit the ability to engage in bona
fide estate planning, to transfer property, and to otherwise seek
to reduce estate and inheritance taxes; provided that such actions
do not adversely impact the standard of living to which the elderly
person or person with a disability has become accustomed at the time
of such actions.
E.
It shall not be a defense to financial exploitation of an elderly
person or person with a disability that the accused reasonably believed
that the victim was not an elderly person or person with a disability.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of fraudulent use of a credit device
or debit device if he or she uses a credit device or debit device
for the purpose of obtaining services or property knowing that:
1.
The device is stolen, fictitious or forged;
2.
The device has been revoked or canceled;
3.
For any other reason his/her use of the device is unauthorized;
or
4.
Uses a credit device or debit device for the purpose of paying
property taxes and knowingly cancels such charges or payment without
just cause. It shall be prima facie evidence of a violation of this
Section if a person cancels such charges or payment after obtaining
a property tax receipt to obtain license tags from the Missouri Department
of Revenue.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of fraudulent procurement of a credit
or debit device if he or she:
1.
Knowingly makes or causes to be made, directly or indirectly,
a false statement regarding another person for the purpose of fraudulently
procuring the issuance of a credit or debit device;
2.
Knowingly obtains a means of identification of another person
without the authorization of that person and uses that means of identification
fraudulently to obtain, or attempt to obtain, credit, goods or services
in the name of the other person without the consent of that person;
or
3.
Knowingly possesses a fraudulently obtained credit or debit
device.
B.
Notwithstanding any other provision of this Section, no corporation,
proprietorship, partnership, limited liability company, limited liability
partnership or other business entity shall be liable under this Section
for accepting applications for credit or debit devices or for the
use of a credit or debit device in any transaction, absent clear and
convincing evidence that such business entity conspired with or was
a part of the fraudulent procuring of the issuance of a credit or
debit device.
A.
A person commits the offense of deceptive business practice if in
the course of engaging in a business, occupation or profession he/she
recklessly:
1.
Uses or possesses for use a false weight or measure, or any
other device for falsely determining or recording any quality or quantity;
2.
Sells, offers, displays for sale or delivers less than the represented
quantity of any commodity or service;
3.
Takes or attempts to take more than the represented quantity
of any commodity or service when as buyer he/she furnishes the weight
or measure;
4.
Sells, offers or exposes for sale adulterated or mislabeled
commodities;
5.
Makes a false or misleading written statement for the purpose
of obtaining property or credit;
6.
Promotes the sale of property or services by a false or misleading
statement in any advertisement; or
7.
Advertises in any manner the sale of property or services with
the purpose not to sell or provide the property or services:
A.
A person commits the offense of alteration or removal of item numbers
if he/she with the purpose of depriving the owner of a lawful interest
therein:
1.
Destroys, removes, covers, conceals, alters, defaces or causes
to be destroyed, removed, covered, concealed, altered or defaced the
manufacturer's original serial number or other distinguishing owner-applied
number or mark on any item which bears a serial number attached by
the manufacturer or distinguishing number or mark applied by the owner
of the item for any reason whatsoever;
2.
Sells, offers for sale, pawns or uses as security for a loan
any item on which the manufacturer's original serial number or other
distinguishing owner-applied number or mark has been destroyed, removed,
covered, concealed, altered or defaced; or
3.
Buys, receives as security for a loan or in pawn, or in any
manner receives or has in his/her possession any item on which the
manufacturer's original serial number or other distinguishing owner-applied
number or mark has been destroyed, removed, covered, concealed, altered
or defaced.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of stealing leased or rented property
if, with the intent to deprive the owner thereof, such person:
1.
Purposefully fails to return leased or rented personal property
to the place and within the time specified in an agreement in writing
providing for the leasing or renting of such personal property;
2.
Conceals or aids or abets the concealment of the property from
the owner;
3.
Sells, encumbers, conveys, pawns, loans, abandons or gives away
the leased or rented property or any part thereof, without the written
consent of the lessor, or without informing the person to whom the
property is transferred to that the property is subject to a lease;
4.
Returns the property to the lessor at the end of the lease term,
plus any agreed upon extensions, but does not pay the lease charges
agreed upon in the written instrument, with the intent to wrongfully
deprive the lessor of the agreed upon charges.
B.
The provisions of this Section shall apply to all forms of leasing
and rental agreements, including, but not limited to, contracts which
provide the consumer options to buy the leased or rented personal
property, lease-purchase agreements and rent-to-own contracts. For
the purpose of determining if a violation of this Section has occurred,
leasing contracts which provide options to buy the merchandise are
owned by the owner of the property until such time as the owner endorses
the sale and transfer of ownership of the leased property to the lessee.
C.
Evidence that a lessee used a false, fictitious, or not current name,
address, or place of employment in obtaining the property or that
a lessee fails or refuses to return the property or pay the lease
charges to the lessor within seven (7) days after written demand for
the return has been sent by certified mail, return receipt requested,
to the address the person set forth in the lease agreement, or in
the absence of the address, to the person's last known place of residence,
shall be evidence of intent to violate the provisions of this Section,
except that if a motor vehicle has not been returned within seventy-two
(72) hours after the expiration of the lease or rental agreement,
such failure to return the motor vehicle shall be prima facie evidence
of the intent of the crime of stealing leased or rented property.
Where the leased or rented property is a motor vehicle, if the motor
vehicle has not been returned within seventy-two (72) hours after
the expiration of the lease or rental agreement, the lessor may notify
the local law enforcement agency of the failure of the lessee to return
such motor vehicle, and the local law enforcement agency shall cause
such motor vehicle to be put into any appropriate state and local
computer system listing stolen motor vehicles. Any law enforcement
officer which stops such a motor vehicle may seize the motor vehicle
and notify the lessor that he may recover such motor vehicle after
it is photographed and its vehicle identification number is recorded
for evidentiary purposes. Where the leased or rented property is not
a motor vehicle, if such property has not been returned within the
seven-day period prescribed in this Subsection, the owner of the property
shall report the failure to return the property to the local law enforcement
agency, and such law enforcement agency may within five (5) days notify
the person who leased or rented the property that such person is in
violation of this Section, and that failure to immediately return
the property may subject such person to arrest for the violation.
D.
This Section shall not apply if such personal property is a vehicle
and such return is made more difficult or expensive by a defect in
such vehicle which renders such vehicle inoperable, if the lessee
shall notify the lessor of the location of such vehicle and such defect
before the expiration of the lease or rental agreement, or within
ten (10) days after proper notice.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of passing a bad check when he or she:
1.
With the purpose to defraud, makes, issues or passes a check
or other similar sight order or any other form of presentment involving
the transmission of account information for the payment of money,
knowing that it will not be paid by the drawee or that there is no
such drawee; or
2.
Makes, issues or passes a check or other similar sight order
or any other form of presentment involving the transmission of account
information for the payment of money, knowing that there are insufficient
funds in or on deposit with that account for the payment of such check,
sight order, or other form of presentment involving the transmission
of account information in full and all other checks, sight orders,
or other forms of presentment involving the transmission of account
information upon such funds then outstanding, or that there is no
such account or no drawee and fails to pay the check or sight order
or other form of presentment involving the transmission of account
information within ten (10) days after receiving actual notice in
writing that it has not been paid because of insufficient funds or
credit with the drawee or because there is no such drawee.
B.
As used in Subparagraph (2) of Subsection (A) of this Section, "actual notice in writing" means notice of the nonpayment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten-day period during which the instrument may be paid and that payment of the instrument within such ten-day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.
C.
When any financial institution returns a dishonored check to the
person who deposited such check, it shall be in substantially the
same physical condition as when deposited, or in such condition as
to provide the person who deposited the check the information required
to identify the person who wrote the check.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
MERCANTILE ESTABLISHMENT
MERCHANDISE
MERCHANT
WRONGFUL TAKING
Definitions. As used in this Section, the following
definitions shall apply:
Any mercantile place of business in, at or from which goods,
wares and merchandise are sold, offered for sale or delivered from
and sold at retail or wholesale.
All goods, wares and merchandise offered for sale or displayed
by a merchant.
Any corporation, partnership, association or person who is
engaged in the business of selling goods, wares and merchandise in
a mercantile establishment.
Includes stealing of merchandise or money and any other wrongful
appropriation of merchandise or money.
B.
Any merchant, his/her agent or employee, who has reasonable grounds
or probable cause to believe that a person has committed or is committing
a wrongful taking of merchandise or money from a mercantile establishment,
may detain such person in a reasonable manner and for a reasonable
length of time for the purpose of investigating whether there has
been a wrongful taking of such merchandise or money. Any such reasonable
detention shall not constitute an unlawful arrest or detention, nor
shall it render the merchant, his/her agent or employee criminally
or civilly liable to the person so detained.
C.
Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection (A), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time of such person by a merchant, his/her agent or employee in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful nor render such merchant, his/her agent or employee criminally or civilly liable.
