[Ord. No. 2022-1975, 4-19-2022]
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;
2.
Unlawfully enters in or upon another's automobile, airplane, motorcycle,
motorboat, or other motor-propelled vehicle; for the purposes of this
Section, "enter" shall mean being physically present in or accessing
a vehicle in a way that would lead a reasonable person to believe
such conduct was in furtherance of a crime or offense;
3.
Tests or pulls any doors or windows of successive structures or vehicles,
or opens or attempts to open the trunk of successive vehicles, that
the person does not own or lease, in a way that would lead a reasonable
person to believe said conduct was in furtherance of a crime or offense.
For purposes of this Section, "successive" shall mean more than one
(1) structure or vehicle. It shall be an affirmative defense if the
person proves he or she had permission from the owners of the homes
or vehicles;
4.
Tampers or makes connection with property of a utility; or
5.
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 paragraph (5) of Subsection (A), 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 paragraph (5) of Subsection (A), 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 subdivision 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.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
ACCESS (relative to computers)
COMPUTER
COMPUTER EQUIPMENT
COMPUTER HARDWARE
COMPUTER NETWORK
COMPUTER PROGRAM
COMPUTER SOFTWARE
COMPUTER SYSTEM
COMPUTER-RELATED DOCUMENTATION
DAMAGE
DATA
SERVICES
TAMPER
For purposes of this Section, the following terms shall mean:
To instruct, communicate with, store data in, retrieve or
extract data from, or otherwise make any use of any resources of,
a computer, computer system, or computer network.
The box that houses the central processing unit (cpu), along
with any internal storage devices, such as internal hard drives, and
internal communication devices, such as internal modems capable of
sending or receiving electronic mail or fax cards, along with any
other hardware stored or housed internally. Thus, computer refers
to hardware, software and data contained in the main unit. Printers,
external modems attached by cable to the main unit, monitors, and
other external attachments will be referred to collectively as peripherals
and discussed individually when appropriate. When the computer and
all peripherals are referred to as a package, the term "computer system"
is used. "Information" refers to all the information on a computer
system, including both software applications and data.
Computers, terminals, data storage devices, and all other
computer hardware associated with a computer system or network.
All equipment which can collect, analyze, create, display,
convert, store, conceal or transmit electronic, magnetic, optical
or similar computer impulses or data. Hardware includes, but is not
limited to, any data processing devices, such as central processing
units, memory typewriters and self-contained laptop or notebook computers;
internal and peripheral storage devices, transistor-like binary devices
and other memory storage devices, such as floppy disks, removable
disks, compact disks, digital video disks, magnetic tape, hard drive,
optical disks and digital memory; local area networks, such as two
or more computers connected together to a central computer server
via cable or modem; peripheral input or output devices, such as keyboards,
printers, scanners, plotters, video display monitors and optical readers;
and related communication devices, such as modems, cables and connections,
recording equipment, RAM or ROM units, acoustic couplers, automatic
dialers, speed dialers, programmable telephone dialing or signaling
devices and electronic tone-generating devices; as well as any devices,
mechanisms or parts that can be used to restrict access to computer
hardware, such as physical keys and locks.
Two (2) or more interconnected computers or computer systems.
A set of instructions, statements, or related data that directs
or is intended to direct a computer to perform certain functions.
Digital information which can be interpreted by a computer
and any of its related components to direct the way they work. Software
is stored in electronic, magnetic, optical or other digital form.
The term commonly includes programs to run operating systems and applications,
such as word processing, graphic, or spreadsheet programs, utilities,
compilers, interpreters and communications programs.
A set of related, connected or unconnected, computer equipment,
data, or software.
Written, recorded, printed or electronically stored material
which explains or illustrates how to configure or use computer hardware,
software or other related items.
When used in relation to a computer system or network, any
alteration, deletion, or destruction of any part of the computer system
or network.
A representation of information, facts, knowledge, concepts,
or instructions prepared in a formalized or other manner and intended
for use in a computer or computer network. Data may be in any form,
including, but not limited to, printouts, microfiche, magnetic storage
media, punched cards and as may be stored in the memory of a computer.
When used in relation to a computer system or network, means
use of a computer, computer system, or computer network and includes,
but is not limited to, computer time, data processing, and storage
or retrieval functions.
To interfere with improperly, meddle with, displace, make
unwanted alterations, or deprive owner or possessor of something temporarily.
B.
Tampering With Computer Data. A person commits the offense of tampering
with computer data if he or she knowingly and without authorization
or without reasonable grounds to believe that he or she has such authorization:
1.
Modifies or destroys data or programs residing or existing internal
to a computer, computer system, or computer network; or
2.
Modifies or destroys data or programs or supporting documentation
residing or existing external to a computer, computer system, or computer
network; or
3.
Discloses or takes data, programs or supporting documentation,
residing or existing internal or external to a computer, computer
system, or computer network; or
4.
Discloses or takes a password, identifying code, personal identification
number, or other confidential information about a computer system
or network that is intended to or does control access to the computer
system or network; or
5.
Accesses a computer, a computer system, or a computer network,
and intentionally examines information about another person; or
6.
Receives, retains, uses, or discloses any data he or she knows
or believes was obtained in violation of this Section.
C.
Tampering With Computer Equipment. A person commits the offense of
tampering with computer equipment if he or she knowingly and without
authorization or without reasonable grounds to believe that he or
she has such authorization:
D.
Tampering With Computer Users. A person commits the offense of tampering
with computer users if he or she knowingly and without authorization
or without reasonable grounds to believe that he or she has such authorization:
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
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 the issue of claim of
right.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
Trespass Unlawful In City.
1.
A person commits the offense of trespass if he or she enters
unlawfully or knowingly remains unlawfully in a building or inhabitable
structure or upon real property, or climbs or skateboards upon a City
structure that has been posted with notice prohibiting such climbing
or skateboarding at the direction of the City Administrator.
2.
A person commits the offense of trespass of a school bus if
he or she knowingly and unlawfully enters any part of or unlawfully
operates any school bus. For the purposes of this Subsection, the
terms "unlawfully enters" and "unlawfully operates" refer to any entry
or operation of a school bus which is not:
B.
Definitions. As used in this Section, a person "enters unlawfully
or remains unlawfully" 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.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[1]
Editor’s Note: Former Section 220.370, Trespass in the
Second Degree, was repealed 12-20-2016 by Ord. No. 2016-1809 §
1.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A person commits the offense of reckless burning or exploding
if he or she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
A person commits the offense of negligent burning or exploding if
he or she with criminal negligence causes damage to property, woodlands,
or grasslands of another by:
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
A.
A person commits the offense of stealing if he or she 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. However, a person shall not be deemed to have stolen
video service if the video company provides unsolicited services or
fails to change or disconnect service within ten (10) days after receiving
written notice to do so by its customer. Additionally, a person does
not commit an offense under this Section if, at the time of the appropriation,
he or she:
[Ord. No. 2008-1575 §1, 5-20-2008]
It shall be unlawful to possess any theft detection shielding
device, theft detection device remover or other tool, instrument,
article, box or bag adapted, modified, constructed, designed or commonly
used for committing or facilitating offenses involving theft or shoplifting
with a purpose to use such item or with knowledge that some person
has the purpose of using the same in committing a theft, stealing
or shoplifting.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
A person commits the offense of receiving stolen property if,
for the purpose of depriving the owner of a lawful interest therein,
he or she receives, retains or disposes of property of another knowing
that it has been stolen or believing that it has been stolen.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
A.
A person commits the offense of fraudulent use of a credit device
if he/she uses a credit device for the purpose of obtaining services
or property, knowing that:
1.
The device is stolen, fictitious or forged;
2.
The device has been revoked or canceled;
3.
For any other reason his/her use of the device is unauthorized;
or
4.
Uses a credit device or debit device for the purpose of paying
property taxes and knowingly cancels such charges or payment without
just cause. It shall be prima facie evidence of a violation of this
Subsection if a person cancels such charges or payment after obtaining
a property tax receipt to obtain license tags from the Missouri Department
of Revenue.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A person commits the offense of fraudulently stopping payment
of an instrument if he or she, with the purpose to defraud, stops
payment on a check, draft, or debit device used in payment for the
receipt of goods or services. It shall be prima facie evidence of
a violation of this Section if a person stops payment on a check,
draft or debit device and fails to make good the check, draft or debit
device transaction, or fails to return or make and comply with reasonable
arrangements to return the property for which the check, draft or
debit device was used in the same or substantially the same condition
as when received within ten (10) days after notice in writing from
the payee that the check, draft or debit device has not been paid
because of a stop payment order by the issuer to the drawee. "Notice
in writing" under this Section means notice deposited as certified
or registered mail in the United States mail and addressed to the
issuer as it appears on the dishonored check, draft or debit device
transaction or to his or her last known address, containing a statement
that failure to make good the check, draft or debit device transaction
within ten (10) days of receipt of the notice may subject the issuer
to prosecution hereunder.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
A person commits the offense of fraudulent procurement of a credit
or debit device if he or she:
1.
Knowingly makes or causes to be made, directly or indirectly,
a false statement regarding another person for the purpose of procuring
the issuance of a credit or debit device; or
2.
Knowingly obtains a means of identification of another person
without the authorization of that person and uses that means of identification
to obtain, or attempt to obtain, credit, goods or services in the
name of the other person without the consent of that person; or
3.
Knowingly possesses a fraudulently obtained credit or debit
device.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
A.
A person
commits the offense of deceptive business practice if in the course
of engaging in a business, occupation or profession, he/she recklessly:
1.
Uses or possesses for use a false weight or measure, or any other
device for falsely determining or recording any quality or quantity;
2.
Sells, offers or exposes for sale, or delivers less than the represented
quantity of any commodity or service;
3.
Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he/she furnishes the weight or
measure;
4.
Sells, offers or exposes for sale adulterated or mislabeled commodities;
or
5.
Makes a false or misleading written statement for the purpose of
obtaining property or credit.
7.
Advertises in any manner the sale of property or services with
the purpose not to sell such property or service at the price which
he or she offered them, in a quantity sufficient to meet the reasonably
expected public demand unless the quantity is specifically stated
in the advertisement, or at all.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
[2]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
A.
A person
commits the offense of alteration or removal of item numbers if he/she,
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/her possession 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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
A.
A person commits the offense of stealing leased or rented property
if, with the intent to deprive the owner thereof, such person:
1.
Purposely fails to return leased or rented personal property
to the place and within the time specified in an agreement in writing
providing for the leasing or renting of such personal property;
2.
Conceals or aids or abets the concealment of the property from
the owner;
3.
Sells, encumbers, conveys, pawns, loans, abandons or gives away
the leased or rented property or any part thereof without the written
consent of the lessor, or without informing the person to whom the
property is transferred that the property is subject to a lease;
4.
Returns the property to the lessor at the end of the lease term,
plus any agreed-upon extensions, but does not pay the lease charges
agreed upon in the written instrument, with the intent to wrongfully
deprive the lessor of the agreed-upon charges.
B.
The provisions of this Section shall apply to all forms of leasing
and rental agreements, including, but not limited to, contracts which
provide the consumer options to buy the leased or rented personal
property, lease-purchase agreements and rent-to-own contracts. For
the purpose of determining if a violation of this Section has occurred,
leasing contracts which provide options to buy the merchandise are
owned by the owner of the property until such time as the owner endorses
the sale and transfer of ownership of the leased property to the lessee.
C.
Evidence that a lessee used a false, fictitious, or not-current name,
address or place of employment in obtaining the property or that a
lessee fails or refuses to return the property or pay the lease charges
to the lessor within seven (7) days after written demand for the return
has been sent by certified mail, return receipt requested, to the
address the person set forth in the lease agreement, or, in the absence
of the address, to the person's last known place of residence, shall
be evidence of intent to violate the provisions of this Section, except
that if a motor vehicle has not been returned within seventy-two (72)
hours after the expiration of the lease or rental agreement, such
failure to return the motor vehicle shall be prima facie evidence
of the intent of the offense of stealing leased or rented property.
Where the leased or rented property is a motor vehicle, if the motor
vehicle has not been returned within seventy-two (72) hours after
the expiration of the lease or rental agreement, the lessor may notify
the local law enforcement agency of the failure of the lessee to return
such motor vehicle, and the local law enforcement agency shall cause
such motor vehicle to be put into any appropriate State and local
computer system listing stolen motor vehicles. Any Law Enforcement
Officer which stops such a motor vehicle may seize the motor vehicle
and notify the lessor that he/she may recover such motor vehicle after
it is photographed and its vehicle identification number is recorded
for evidentiary purposes. Where the leased or rented property is not
a motor vehicle, if such property has not been returned within the
seven-day period prescribed in this Subsection, the owner of the property
shall report the failure to return the property to the local law enforcement
agency, and such law enforcement agency may within five (5) days notify
the person who leased or rented the property that such person is in
violation of this Section, and that failure to immediately return
the property may subject such person to arrest for the violation.
D.
This Section shall not apply if such personal property is a vehicle
and such return is made more difficult or expensive by a defect in
such vehicle which renders such vehicle inoperable if the lessee shall
notify the lessor of the location of such vehicle and such defect
before the expiration of the lease or rental agreement or within ten
(10) days after proper notice.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
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 for the payment of money, knowing that
it will not be paid by the drawee; or
2.
Makes, issues, or passes a check or other similar sight order
for the payment of money, knowing that there are insufficient funds
in his/her account 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.
B.
As used in Subparagraph (2) of Subsection (A) 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.
C.
The face amounts of any bad checks passed pursuant to one (1) course
of conduct within any ten-day period may be aggregated in determining
the grade of the offense.
[CC 1991 §16-30; Ord. No. 852 §2, 3-20-1990]
A.
MERCANTILE ESTABLISHMENT
MERCHANDISE
MERCHANT
WRONGFUL TAKING
Definitions. As used in this Section, the following definitions
shall apply:
Any mercantile place of business in, at or from which goods,
wares and merchandise are sold, offered for sale or delivered from
and sold at retail or wholesale.
All goods, wares and merchandise offered for sale or displayed
by a merchant.
Any corporation, partnership, association or person who is
engaged in the business of selling goods, wares and merchandise in
a mercantile establishment.
Includes stealing of merchandise or money and any other wrongful
appropriation of merchandise or money.
B.
Any
merchant, his/her agent or employee, who has reasonable grounds or
probable cause to believe that a person has committed or is committing
a wrongful taking of merchandise or money from a mercantile establishment,
may detain such person in a reasonable manner and for a reasonable
length of time for the purpose of investigating whether there has
been a wrongful taking of such merchandise or money. Any such reasonable
detention shall not constitute an unlawful arrest or detention, nor
shall it render the merchant, his/her agent or employee, criminally
or civilly liable to the person so detained.
C.
Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection (A), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his/her agent or employee, in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his/her agent or employee criminally or civilly liable.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
No person shall knowingly present for sale any stolen ferrous or
non-ferrous metal, including, but not limited to, copper property
or HVAC components.
B.
No person shall mutilate, deface or otherwise damage any personal
or real property owned by another person for the purpose of obtaining
ferrous or non-ferrous metals, without written permission from the
owner.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
