[Ord. No. 932 §10.505, 11-3-1980]
As used in this Article the following words shall have the meanings
set out below:
ENTER UNLAWFULLY OR REMAIN UNLAWFULLY
A person "enters unlawfully or remains unlawfully" in or upon premises when he is not licensed or privileged to do
so. A person who, regardless of his 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 defies a lawful order not to
enter or remain, personally communicated to him 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.
FORCIBLY STEALS
A person "forcibly steals", and thereby
commits robbery, when in the course of stealing, as defined in Section
570.030, RSMo., he uses or threatens the immediate use of physical
force upon another person for the purpose of:
1.
Preventing or overcoming resistance to the taking of the property
or to the retention thereof immediately after the taking; or
2.
Compelling the owner of such property or another person to deliver
up the property or to engage in other conduct which aids in the commission
of the theft.
INHABITABLE STRUCTURE
Includes a ship, trailer, sleeping car, airplane, or other
vehicle or structures:
1.
Where any person lives or carries on business or other calling;
or
2.
Where people assemble for the purposes of business, government,
education, religion, entertainment or public transportation; or
3.
Which is used for overnight accommodation of persons. Any such
vehicle or structure is "inhabitable" regardless
of whether a person is actually present.
INHABITABLE STRUCTURE OF ANOTHER
If a building or structure is divided into separately occupied
units, any unit not occupied by the actor is an "inhabitable
structure of another".
OF ANOTHER
Property is that "of another" if any natural
persons, corporation, partnership, association, governmental subdivision
or instrumentality, other than the actor, has a possessory or proprietary
interest therein.
TO TAMPER
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.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewerage disposal or communication services and any common carrier.
It may be either publicly or privately owned or operated.
VITAL PUBLIC FACILITY
Includes a facility maintained for use as a bridge, whether
over land or water, dam, reservoir, tunnel, communications installation
or power station.
[Ord. No. 932 §10.515, 11-3-1980]
A person commits the offense of reckless burning or exploding
when he knowingly starts a fire or causes an explosion and thereby
recklessly damages or destroys a building or an inhabitable structure
of another.
[Ord. No. 932 §10.520, 11-3-1980]
A person commits the offense of negligent burning or exploding
when he with criminal negligence causes damage to property of another
by fire or explosion.
[Ord. No. 932 §10.550, 11-3-1980]
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 does so under a claim of right and has reasonable grounds to believe
he has such a right.
B. The
defendant shall have the burden of injecting the issue of claim of
right.
[Ord. No. 932 §10.555, 11-3-1980]
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:
1. Actual communication to the actor; or
2. Posting in a manner reasonably likely to come to the attention of
intruders.
[Ord. No. 932 §10.560, 11-3-1980]
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.