[RSMo. §569.120]
[RSMo. §569.140]
A.
A person
commits the offense of trespass in the first degree 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 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:
[RSMo. §569.150]
A person commits the offense of trespass in the second degree
if he enters unlawfully upon real property of another. This is an
offense of absolute liability.
[Ord. No. 923 §2, 2-16-1965; CC 1976 §22-20]
A.
PROPERTY
STEAL
As
used in this Section, the following words shall mean:
Everything 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 and all things defined as property
under the laws of the State.
To appropriate by exercising dominion over property in a
manner inconsistent with the rights of the owner, either by taking,
obtaining, using, transferring, concealing or retaining possession
of his property.
B.
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.
C.
If the property stolen within the meaning of Subsection (B) is a chattel and the person charged with stealing the same proves by a preponderance of the evidence that no further transfer was made, and that, at the time of the appropriation, he intended merely to use the chattel and promptly return or discontinue his use of it, he has a defense to a prosecution under this Section. "Chattel," as
used in this Section, does not include money, securities, negotiable
instruments, documents of title, postage or revenue stamps or other
valuable papers.
D.
A person
who appropriates lost property shall not be deemed to have stolen
the same within the meaning of this Section, unless such property
is found under circumstances which give the finder knowledge of or
means of inquiry as to the true owner.
[RSMo. §570.080]
A.
A person
commits the offense 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.
[CC 1976 §22-22]
Any person who shall willfully and maliciously throw any stone,
stick or other thing into or at any motorcar or other vehicle belonging
to another person shall be deemed guilty of an offense.
[RSMo. §570.130.1]
A.
A person
commits the offense of fraudulent use of a credit device if he uses
a credit device for the purpose of obtaining services or property,
knowing that:
[CC 1976 §22-25]
Any person who shall conspire or enter into any form of collusion
or combination with any other person for the purpose of restricting
bids or limiting the number of bidders on any contract in which the
City is an interested party shall be deemed guilty of an offense.
[RSMo. §570.120]
A.
A person
commits the crime of passing a bad check when:
1.
With purpose to defraud, he makes, issues or passes a check or other
similar sight order for the payment of money, knowing that it will
not be paid by the drawee, or that there is no such drawee; or
2.
He makes, issues, or passes a check or other similar sight order
for the payment of money knowing that there are insufficient funds
in his account or that there is no such account or no drawee and fails
to pay the check or sight order 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 subdivision (2) of Subsection 1 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 (10) day
period during which the instrument may be paid and that payment of
the instrument within such ten (10) 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.
The
face amounts of any bad checks passed pursuant to one course of conduct
within any ten (10) day period may be aggregated in determining the
grade of the offense.
D.
Additional Fees and Costs.
1.
In addition to all other costs and fees allowed by law, each prosecuting
attorney or circuit attorney who takes any action under the provisions
of this Section may collect from the issuer in such action an administrative
handling cost, except in cases filed in a court of appropriate jurisdiction.
The cost shall be five dollars ($5.00) for checks of less than ten
dollars, ($10.00) ten dollars ($10.00) for checks of ten dollars ($10.00)
but less than one hundred dollars ($100.00), and twenty-five dollars
($25.00) for checks of one hundred dollars ($100.00) or more. Notwithstanding
the provisions of Sections 50.525 to 50.745, RSMo, the costs provided
for in this Subsection shall be deposited by the county treasurer
into a separate interest-bearing fund to be expended by the prosecuting
attorney or circuit attorney upon appropriation by the governing body
of the county or city not within a county. The funds so budgeted shall
be expended, upon warrants issued by the prosecuting attorney or circuit
attorney directing the treasurer to issue checks thereon, only for
purposes related to that previously authorized in this Section. Any
revenues that are not required for the purposes of this Section shall
be placed in the general revenue fund of the county or city not within
a county.
2.
The moneys deposited in the fund may be used by the prosecuting or
circuit attorney for office supplies, postage, books, training, office
equipment, capital outlay, expenses of trial and witness preparation,
additional employees for the staff of the prosecuting or circuit attorney
and employees' salaries.
3.
This fund may be audited by the State Auditor's office or the appropriate
auditing agency.
4.
If the moneys collected and deposited into this fund are not totally
expended annually, then the unexpended balance shall remain in said
fund and the balance shall be kept in said fund to accumulate from
year to year.
E.
In
all cases where a prosecutor receives notice from the original holder
that a person has violated this Section with respect to a payroll
check or order, the prosecutor, if he determines there is a violation
of this Section, shall file an information or seek an indictment within
sixty (60) days of such notice and may file an information or seek
an indictment thereafter if the prosecutor has failed through neglect
or mistake to do so within sixty (60) days of such notice and if he
determines there is sufficient evidence shall further prosecute such
cases.
F.
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.
