City of Parkville, MO Article II Offenses Against Property and Fraud

Section 215.040 Stealing.

[Ord. No. 1225 §215.040, 5-21-1991; Ord. No. 1297 §1, 5-19-1992]

A. A person commits the offense of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.

B. Evidence of the following is admissible in any prosecution under this Section on the issue of the requisite knowledge or belief of the alleged stealer:

1. That he failed or refused to pay for property or services of a hotel, restaurant, inn or boarding house;

2. That he gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;

3. That he left the hotel, restaurant, inn or boarding house with the intent to not pay for property or services;

4. That he surreptitiously removed or attempted to remove his baggage from a hotel, inn or boarding house.

5. That he failed or refused to pay the legal fare for taxi service.

6. That he gave in payment for legal fare for taxi service a check or negotiable paper on which payment was refused.

C. A person does not commit an offense under Section 215.040 if, at the time of the appropriation, he

1. Acted in the honest belief that he had the right to do so; or

2. Acted in the honest belief that the owner, if present, would have consented to the appropriation.

D. The defendant shall have the burden of injecting the issue of claim of right.

Section 215.050 Lost Property.

[Ord. No. 1225 §215.050, 5-21-1991]

A. A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of Section 215.040 unless such property wa found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.

B. The defendant shall have the burden of injecting the issue of lost property.

Section 215.060 Receiving Stolen Property.

[Ord. No. 1225 §215.060, 5-21-1991]

A. A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

B. Evidence of the following is admissible in any criminal prosecution under this Section to prove the requisite knowledge or belief of the alleged receiver:

1. That he was found in possession or control of other property stolen on separate occasions from two (2) or more persons;

2. That he received other stolen property in another transaction within the year preceding the transaction charged;

3. That he acquired the stolen property for a consideration which he knew was far below its reasonable value.

Section 215.070 Alteration or Removal of Item Numbers With Intent To Deprive Lawful Owner.

[Ord. No. 1225 §215.070, 5-21-1991]

A. A person commits the crime of alteration or removal of item number if he, 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 possession any item on which the manufacturer's original serial number or other distinguishing owner-applied number or mark ha been destroyed, removed, covered, concealed, altered, or defaced.

Section 215.080 Burglary.

[Ord. No. 1225 §215.080, 5-21-1991]

A person commits the crime of burglary when he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein.

Section 215.090 Possession of Burglar's Tools.

[Ord. No. 1225 §215.090, 5-21-1991]

A person commits the crime of possession of burglar's tools if he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using the same in making an unlawful forcible entry into a building or inhabitable structure or a room thereof.

Section 215.100 Arson.

[Ord. No. 1225 §215.100, 5-21-1991]

A. A person commits the offense of arson when he knowingly damages property by starting a fire or causing an explosion.

B. A person does not commit an offense under this Section if:

1. No person other than himself has a possessory, proprietary or security interest in the damaged building, or if other persons have those interests, all of them consented to his conduct; and

2. His sole purpose was to destroy or damage the building for a lawful and proper purpose.

C. The defendant shall have the burden of injecting the issue under Subsection (B).

Section 215.110 Negligent Burning or Exploding.

[Ord. No. 1225 §215.110, 5-21-1991]

A person commits the offense of negligent burning or exploding when he with negligence causes damage to property of another by fire or explosion.

Section 215.120 Tampering.

[Ord. No. 1225 §215.130, 5-21-1991]

A. A person commits the crime of tampering if:

1. He for the purpose of causing a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, damages or tampers with property or facilities of such a utility or institution, and thereby causes substantial interruption or impairment of service; or

2. He knowingly receives, possesses, sells, alters, defaces, destroys or unlawfully operates an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner thereof; or

3. He tampers with property of another for the purpose of causing substantial inconvenience to that person or another; or

4. Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or

5. Tampers or makes connection with property of a utility or cable television company; or

6. Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, or cable television company, the effect of which tampering is either:

a. to prevent the proper measuring of electric, gas, steam, water or cable television service; or

b. To permit the diversion of any electric, gas, steam, water or cable television service.

7. Removes or defaces any sign, barricade or safety warning device.

Section 215.130 Property Damage.

[Ord. No. 1225 §215.140, 5-21-1991]

A. A person commits the crime of property damage if:

1. He knowingly damages property of another; or

2. He damages property for the purpose of defrauding an insurer.

B. 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 does so under a claim of right and has reasonable grounds to believe he has such a right.

C. The defendant shall have the burden of injecting the issue of claim of right.

Section 215.140 Trespass.

[Ord. No. 1225 §215.150, 5-21-1991; Ord. No. 1297 §2, 5-19-1992]

A. A person commits the crime of trespass if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

B. A person does not commit the crime 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:

1. Actual communication to the actor; or

2. Posting in a manner reasonably likely to come to the attention of intruders.

Section 215.145 Fishing From Highway or Along Highway Right of Way Prohibited.

[Ord. No. 1537 §2, 9-5-1995]

No person shall fish along Highway 45 or along the adjacent right of way or stop on the highway or enter upon the highway right of way with the intent to fish.

Section 215.146 Entering Riss Lake From Highway 45 Right of Way To Swim Prohibited.

[Ord. No. 1537 §3, 9-5-1995]

No person shall enter Riss Lake from the Highway 45 right of way to swim.

Section 215.150 Unlawful Entry.

[Ord. No. 1225 §125.160, 5-21-1991]

No person shall without lawful authority enter or attempt to enter any building, dwelling, or other property or any part of such building, dwelling or other property without the consent of or against the will of the lawful occupant or of the person lawfully in charge thereof, or refuse to quit the same on the demand of the lawful occupant or the person lawfully in charge thereof.

Section 215.160 Obtaining Property By Giving False Name.

[Ord. No. 1225 §215.170, 5-21-1991]

No person shall, with the intent to cheat and defraud, obtain or attempt to obtain, from any other person, firm or corporation, any money, property or valuable thing whatsoever by giving an untrue or unauthorized name or address.