In addition to the terms defined in Section
210.010 hereof, as used in this Article, the following terms shall have the meanings indicated:
ADULTERATED
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.
APPROPRIATE
To take, obtain, use, transfer, conceal, retain or dispose.
COERCION
1.
A threat, however communicated:
a.
To commit any offense; or
b.
To inflict physical injury in the future on the person threatened
or another; or
c.
To accuse any person of any offense; or
d.
To expose any person to hatred, contempt or ridicule; or
e.
To harm the credit or business reputation of any person; or
f.
To take or withhold action as a public servant, or to cause
a public servant to take or withhold action; or
g.
To inflict any other harm which would not benefit the actor.
2.
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.
CREDIT DEVICE
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.
DEALER
A person in the business of buying and selling goods.
DEBIT DEVICE
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.
DECEIT or DECEIVE
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 did not subsequently perform the promise.
DEPRIVE
1.
To withhold property from the owner permanently; or
2.
To restore property only upon payment of reward or other compensation;
or
3.
To use or dispose of property in a manner that makes recovery
of the property by the owner unlikely.
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
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.
MISLABELED
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.
SERVICES
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.
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,
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.
WRITING
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.
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.
[Ord. No. 1164 § 07.040, 3-2-2015]
A. A
person commits the offense of negligently setting fire to a woodland,
cropland, grassland, prairie or marsh when he/she with criminal negligence
causes damage to a woodland, cropland, grassland, prairie or marsh
of another by starting a fire.
B. A
person commits the offense of negligently allowing a fire to escape
when he/she with criminal negligence allows a fire burning on lands
in his/her possession or control to escape onto property of another.
[Ord. No. 1164 § 07.080, 3-2-2015]
A person commits the offense of peeping if he/she wanders, prowls,
or loiters upon the private property of another in the nighttime and
peeks or peers in the door or window of any building or structure
located thereon which is inhabited by human beings, without any visible
or lawful business with the owners or occupants thereof.
[Ord. No. 1164 § 07.190, 3-2-2015]
A. A
person commits the offense of commercial bribery:
1. If he or she solicits, accepts or agrees to accept any benefit as
consideration for knowingly violating or agreeing to violate a duty
of fidelity to which he or she is subject as:
a. Agent or employee of another;
b. Trustee, guardian or other fiduciary;
c. Lawyer, physician, accountant, appraiser or other professional adviser
or informant;
d. Officer, director, partner, manager or other participant in the direction
of the affairs of an incorporated or unincorporated association; or
e. Arbitrator or other purportedly disinterested adjudicator or referee;
2. If as a person who holds himself or herself out to the public as
being engaged in the business of making disinterested selection, appraisal
or criticism of commodities or services, he or she solicits, accepts
or agrees to accept any benefit to influence his or her selection,
appraisal or criticism;
3. If he or she confers or offers or agrees to confer any benefit the acceptance of which would be criminal under Subsection
(A)(1) and
(2) of this Section.
[Ord. No. 1164 § 07.240, 3-2-2015]
A person commits the offense of defrauding secured creditors
if he or she destroys, removes, conceals, encumbers, transfers or
otherwise deals with property subject to a security interest with
purpose to defraud the holder of the security interest.