[Prior Code, § 214.050; Penalty, see § 132.99]
A person commits the offense of property damage if:
[Prior Code, § 214.040; Penalty, see § 132.99]
(A)
A person commits the offense of tampering if he or she:
(1)
Tampers with property of another for the purpose of causing
substantial inconvenience to that person or to another;
(2)
Unlawfully rides in or upon another's automobile, airplane,
motorcycle, motorboat or other motor-propelled vehicle;
(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 a electric, gas, steam or water utility, the effect of
which tampering is either:
(B)
In any prosecution under division (A)(4) above of this section, 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 or
more of the effects described in division (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 subdivision by the person or persons who
use or receive the direct benefit of the electric, gas, steam or water
service.
[Prior Code, § 214.010; Penalty, see § 132.99]
A person commits the offense of reckless burning or exploding
when he or she knowingly starts a fire or causes an explosion and
thereby recklessly damages or destroys a building or an inhabitable
structure of another.
[Prior Code, § 214.020; Penalty, see § 132.99]
A person commits the crime of negligent burning or exploding
when he or she with criminal negligence causes damage to property
of another by fire or explosion.
[Prior Code, § 214.030; Penalty, see § 132.99]
(A)
A person commits the offense of negligently setting fire to a woodland,
cropland, grassland, prairie or marsh when he or 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 or she with criminal negligence allows a fire burning on lands
in his or her possession or control to escape onto property of another.
[Prior Code, § 214.060; Penalty, see § 132.99]
(A)
A person commits the offense of trespass in the first degree if he
or 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:
[Prior Code, § 214.070; Penalty, see § 132.99]
A person commits the offense of trespass in the second degree
if he or she enters unlawfully upon real property of another. This
is an offense of absolute liability.
[Prior Code, § 219.260; Penalty, see § 132.99]
A person commits the offense of littering if he or she throws
or places, or causes to be thrown or placed, any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse or rubbish
of any kind, nature or description on the right-of-way of any public
road or state highway or on the banks of any stream, or on any land
or water owned, operated or leased by the state, any board, department,
agency or commission thereof or on any land or water owned, operated
or leased by the federal government or on any private real property
owned by another without his or her consent.
[Prior Code, § 219.280; Penalty, see § 10.99]
(A)
A person commits the offense of failing to return leased or rented
property if, with the intent to deprive the owner thereof, he or she
willfully 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.
(B)
It shall be prima facie evidence of the crime of failing to return
leased or rented property when a person who has leased or rented personal
property of another willfully fails to return or make arrangements
acceptable with the lessor to return the personal property to its
owner within 10 days after proper notice following the expiration
of the lease or rental agreement.
(C)
This section does not apply to motor vehicles.
(D)
Proper notice by the lessor shall consist of a written demand addressed
and mailed by certified or registered mail to the lessee at the address
given at the time of making the lease or rental agreement. The notice
shall contain a statement that the failure to return the property
may subject the lessee to criminal prosecution.
(E)
Venue shall lie if the personal property was originally rented or
leased in the City.
[Prior Code, § 215.010]
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
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 or retain possession
of.
A threat, however communicated:
To commit any crime;
To inflict physical injury in the future on the person threatened
or another;
To accuse any person of any crime;
To expose any person to hatred, contempt or ridicule;
To harm the credit or business repute of any person;
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 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, 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.
Purposely 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.
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 or she did not subsequently perform the promise.
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.
Property or services is that OF ANOTHER if any natural person,
corporation, partnership, association, governmental subdivision or
instrumentality, other than the actor, has a possessor or proprietary
interest therein, except that property shall not be deemed property
OF ANOTHER who has only a security interest therein, even if legal
title is in the creditor pursuant to a conditional sales contractor
other security arrangement.
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.
Acquiring possession, control or title or lending on the
security of the property.
Includes transportation, telephone, electricity, gas, water
or other public service, accommodation in hotels, restaurants or elsewhere,
admission to exhibitions and use of vehicles.
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.
[Prior Code, § 215.020; Penalty, see § 132.99]
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.
[Prior Code, § 215.030; Penalty, see § 132.99]
A person commits the crime 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.
[Prior Code, § 215.040; Penalty, see § 132.99]
A person commits the crime of alteration or removal of item
numbers if he or she, with the purpose of depriving the owner of a
lawful interest therein:
(A)
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; or
(B)
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.
[Prior Code, § 215.050; Penalty, see § 132.99]
(A)
As used in division (B)(2) below 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-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.
(B)
A person commits the offense of passing a bad check when:
(1)
With purpose to defraud, he or she 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 or she makes, issues, or passes a check or other similar
sight order for the payment of money knowing that there are insufficient
funds in his or her account or that there is no such account or no
drawee and fails to pay the check or sight order within 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.
(C)
In addition to all other costs and fees allowed by law, the prosecuting
attorney 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 no less than $25. The costs provided for in this
division (C) shall be deposited by the City Clerk into a separate
interest-bearing fund to be expended by the prosecuting attorney upon
appropriation by the governing body of the City. The funds so budgeted
shall be expended only for purposes related to that previously authorized
in this section.
(D)
The monies deposited in the fund may be used by the prosecuting 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 attorney and employees' salaries.
(E)
If the monies 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.
[Prior Code, § 215.060; Penalty, see § 132.99]
(A)
For the purpose of this section, the following definition shall apply
unless the context clearly indicates or requires a different meaning.
NOTICE IN WRITING. Notice deposited as certified or registered
mail in the United States mail and addressed to the issuer at his
or her address as it appears on the dishonored check or draft or to
his or her last known address. The notice shall contain a statement
that failure to make good the check or draft may subject the issuer
to criminal prosecution.
(B)
A person commits the offense of fraudulently stopping payment on
an instrument if he or she, knowingly, with the purpose to defraud,
stops payment on a check or draft given in payment for the receipt
of goods or services.
(C)
It shall be prima facie evidence of a violation of this section,
if a person stops payment on a check or draft and fails to make good
the check or draft, or return or make and comply with reasonable arrangements
to return the property for which the check or draft was given in the
same or substantially the same condition as when received within 10
days after notice in writing from the payee that the check or draft
has not been paid because of a stop payment order by the issuer to
the drawee.
[Prior Code, § 215.070; Penalty, see § 132.99]
A person commits the offense of fraudulent use of a credit device
if he or she uses a credit device for the purpose of obtaining services
or property, knowing that:
[Prior Code, § 215.080; Penalty, see § 132.99]
A person commits the offense of deceptive business practice
if in the course of engaging in a business, occupation or profession,
he or she recklessly:
(A)
Uses or possesses for use a false weight or measure, or any other
device for falsely determining or recording any quality or quantity;
(B)
Sells, offers or exposes for sale, or delivers less than the represented
quantity of any commodity or service;
(C)
Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he or she furnishes the weight
or measure;
(D)
Sells, offers or exposes for sale adulterated or mislabeled commodities;
or
(E)
Makes a false or misleading written statement for the purpose of
obtaining property or credit.
[Prior Code, § 215.090; Penalty, see § 132.99]
A person commits the offense of false advertising if, in connection
with the promotion of the sale of, or to increase the consumption
of, property or services, he or she recklessly makes or causes to
be made a false or misleading statement in any advertisement; addressed
to the public or to a substantial number of persons.
[Prior Code, § 215.100; Penalty, see § 132.99]
A person commits the offense of bait advertising if he or she
advertises in any manner the sale of property or services with the
purpose not to sell or provide the property or services:
