[R.O. 1996 § 215.240; Ord. No. 836 § 16-116, 2-8-1993]
As used in this Article, the following terms mean:
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
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.
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, Internet, or voice over
Internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
[R.O. 1996 § 215.245; Ord. No. 836 § 16-117, 2-8-1993]
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.
[R.O. 1996 § 215.250; Ord. No. 836 § 16-118, 2-8-1993]
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:
[R.O. 1996 § 215.255; Ord. No. 836 § 16-119, 2-8-1993]
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 1996 § 215.260; Ord. No. 836 § 16-120, 2-8-1993]
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/she does so under a claim
of right and has reasonable grounds to believe he/she has such a right.
B.
The defendant shall have the burden of
injecting issue of claim of right.
[R.O. 1996 § 215.265; Ord. No. 836 § 16-121, 2-8-1993]
A.
A person commits the offense of trespass
in the first degree 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 in the first degree 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:
[R.O. 1996 § 215.270; Ord. No. 836 § 16-122, 2-8-1993]
A person commits the offense of trespass
in the second degree if he/she enters unlawfully upon real property
of another. This is an offense of absolute liability.
[R.O. 1996 § 215.280]
A.
A person commits the offense of tampering if he/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 another's automobile, airplane,
motorcycle, motorboat or other motor-propelled vehicle; 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:
B.
In any prosecution under Subsection (A)(4), 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 Subsection (A)(4), 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 Subsection 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.
[R.O. 1996 § 215.285; Ord. No. 836 § 16-165, 2-8-1993]
Varying from the standard of composition or quality prescribed
by statute or lawfully promulgated administrative regulations of this
state lawfully filed, or if none, as set by commercial usage.
To take, obtain, use, transfer, conceal, retain or dispose.
A check or other similar sight order or any other form of
presentment involving the transmission of account information for
the payment of money.
A threat, however communicated:
To commit any offense; or
To inflict physical injury in the
future on the person threatened or another; or
To accuse any person of any offense;
or
To expose any person to hatred, contempt
or ridicule; or
To harm the credit or business reputation
of any person; or
To take or withhold action as a public
servant, or to cause a public servant to take or withhold action;
or
To inflict any other harm which would
not benefit the actor.
A threat of accusation, lawsuit or other invocation of official
action is justified and not coercion if the property sought to be
obtained by virtue of such threat was honestly claimed as restitution
or indemnification for harm done in the circumstances to which the
accusation, exposure, lawsuit or other official action relates, or
as compensation for property or lawful service. The defendant shall
have the burden of injecting the issue of justification as to any
threat.
A writing, card, code, number or other device purporting
to evidence an undertaking to pay for property or services delivered
or rendered to or upon the order of a designated person or bearer.
A person in the business of buying and selling goods.
A writing, card, code, number or other device, other than
a check, draft or similar paper instrument, by the use of which a
person may initiate an electronic fund transfer, including but not
limited to devices that enable electronic transfers of benefits to
public assistance recipients.
Making a representation which is false and which the actor
does not believe to be true and upon which the victim relies, as to
a matter of fact, law, value, intention or other state of mind, or
concealing a material fact as to the terms of a contract or agreement.
The term "deceit" does not, however, include falsity as to matters
having no pecuniary significance, or puffing by statements unlikely
to deceive ordinary persons in the group addressed. Deception as to
the actor's intention to perform a promise shall not be inferred from
the fact alone that he/she did not subsequently perform the promise.
A debit card used to access food stamps or cash benefits
issued by the department of social services.
A bank, trust company, savings and loan association, or credit
union.
The nutrition assistance program in Missouri that provides
food and aid to low-income individuals who are in need of benefits
to purchase food operated by the United States Department of Agriculture
(USDA) in conjunction with the department of social services.
A person, in the course of stealing, uses or threatens the
immediate use of physical force upon another person for the purpose
of:
An interactive computer service or system or an information
service, system, or access software provider that provides or enables
computer access by multiple users to a computer server, and includes,
but is not limited to, an information service, system, or access software
provider that provides access to a network system commonly known as
the "Internet," or any comparable system or service and also includes,
but is not limited to, a world wide web page, newsgroup, message board,
mailing list, or chat area on any interactive computer service or
system or other online service.
Anything used by a person as a means to uniquely distinguish
himself or herself.
A person who deals in goods of the kind or otherwise by his
or her occupation holds oneself out as having knowledge or skill peculiar
to the practices or goods involved in the transaction or to whom such
knowledge or skill may be attributed by his or her employment of an
agent or broker or other intermediary who by his or her occupation
holds oneself out as having such knowledge or skill.
Varying from the standard of truth or disclosure in labeling
prescribed by statute or lawfully promulgated administrative regulations
of this State lawfully filed, or if none, as set by commercial usage;
or represented as being another person's product, though otherwise
accurately labeled as to quality and quantity.
Any building, warehouse, physician's office, hospital, pharmaceutical
house or other structure used in whole or in part for the sale, storage,
or dispensing of any controlled substance as defined in Chapter 195,
RSMo.
Anything of value, whether real or personal, tangible or
intangible, in possession or in action, and shall include but not
be limited to the evidence of a debt actually executed but not delivered
or issued as a valid instrument.
Anything of value, including money, food, EBT cards, food
stamps, commodities, clothing, utilities, utilities payments, shelter,
drugs and medicine, materials, goods, and any service including institutional
care, medical care, dental care, child care, psychiatric and psychological
service, rehabilitation instruction, training, transitional assistance,
or counseling, received by or paid on behalf of any person under Chapters
198, 205, 207, 208, 209, and 660, RSMo., or benefits, programs, and
services provided or administered by the Missouri Department of Social
Services or any of its divisions.
Includes transportation, telephone, electricity, gas, water,
or other public service, cable television service, video service,
voice over Internet protocol service, or Internet service, accommodation
in hotels, restaurants or elsewhere, admission to exhibitions and
use of vehicles.
Federal and state violations of criminal statutes against
stealing, robbery, or buying or receiving stolen property and shall
also include municipal ordinances against the same if the offender
was either represented by counsel or knowingly waived counsel in writing
and the judge accepting the plea or making the findings was a licensed
attorney at the time of the court proceedings.
The provision of video programming provided through wire
line facilities located at least in part in the public right-of-way
without regard to delivery technology, including Internet protocol
technology whether provided as part of a tier, on demand, or a per-channel
basis. This definition includes cable service as defined by 47 U.S.C.
§ 522(6), but does not include any video programming provided
by a commercial mobile service provider as "commercial mobile service"
is defined in 47 U.S.C. § 332(d), or any video programming
provided solely as part of and via a service that enables users to
access content, information, electronic mail, or other services offered
over the public Internet, and includes microwave television transmission,
from a multipoint distribution service not capable of reception by
conventional television receivers without the use of special equipment.
A service that:
Enables real-time, two-way voice communication;
Requires a broadband connection from the user's location;
Requires Internet protocol-compatible customer premises equipment;
and
Permits users generally to receive calls that originate on the
public switched telephone network and to terminate calls to the public
switched telephone network.
Includes printing, any other method of recording information,
money, coins, negotiable instruments, tokens, stamps, seals, credit
cards, badges, trademarks and any other symbols of value, right, privilege
or identification.
[R.O. 1996 § 215.290; Ord. No. 2412 § 2, 6-26-2017]
A.
A person commits the offense of stealing if he or she:
1.
Appropriates property or services of another with the purpose
to deprive him or her thereof, either without his or 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.[2]
[2]
Editor's Note: Former § 215.295,
Receiving Stolen Property, adopted and/or amended 2-8-1993 by Ord.
No. 836 § 16-127, and which immediately followed this Section,
was repealed 6-26-2017.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 1996 § 215.300; Ord. No. 836 § 16-128, 2-8-1993]
It shall be unlawful for any person
to wash himself/herself in any spring or pond not belonging to himself/herself,
within the corporate limits of said City, or to put any filth or impurity
in any spring, well, cistern or pond within the corporate limits of
said City.
[R.O. 1996 § 215.305; Ord. No. 836 § 16-129, 2-8-1993]
It shall be unlawful for any person
to place or dig in or on any street, alley or vacant lot or common,
in the limits of the City, without permission of legal authority,
or owner thereof.
[R.O. 1996 § 215.310; Ord. No. 836 § 16-131, 2-8-1993]
A.
It shall be unlawful for any person to
paste, fasten, or in any manner affix to any curb or sidewalk or any
public street in the City any drawing, writing, handbill, placard,
poster, dodger, or notice of advertisement.
B.
It shall be unlawful for any person to
write, paint, post, tack, or place any card, sign, notice, handbill,
dodger, or advertisement in, on, or upon any tree, post, pole, fence,
wall, building premises, or other property owned by, or belonging
to, or in charge of another person without first having obtained from
such person so owning or in charge custody, or control thereof, written
permission to do so.
C.
No person shall fasten in any way any showcard,
poster, other advertising device or sign upon public property in the
City unless legally authorized to do so by a City Official.
[R.O. 1996 § 215.315; Ord. No. 2060A, 1-25-2010; Ord. No. 2064, 2-8-2010]
It shall be unlawful for any person
to damage, deface or place trash or litter upon the real or personal
property of any kind owned by another or any public property within
the corporate limits of the City of Grain Valley, Missouri.
[R.O. 1996 § 215.320; Ord. No. 836 § 16-132, 2-8-1993]
A person commits the offense of possession
of burglar's tools if he/she 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. Upon conviction under this Section, all
such tools become the property of the City Police Department.
[R.O. 1996 § 215.325]
A.
A person commits the offense of passing a bad check when he/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 Subsection (A)(2) of this Section, "actual notice in writing" means notice of the non-payment 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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
