It shall be unlawful for any person, with intent
to defraud, to make, draw, alter, or deliver any check, draft or order
for the payment of money, to apply on account or otherwise, upon any
bank or other depository, knowing at the time of the making, drawing,
uttering, or delivering, that the maker or drawer does not have sufficient
funds in or credit with the bank or other depository, for the payment
of the check, draft, or order, in full, upon its presentation, or
for any person, with the intent to defraud, make, draw, utter, or
deliver any check, draft, or order for the payment of money to apply
on account or otherwise, upon any bank or other depository, unless
the person has sufficient funds for the payment of the check, draft,
or order when presentation for payment is made to the drawee, except
if the lack of funds is due to garnishment, attachment, levy, or other
lawful cause, and the fact was not known to the person who made, drew,
uttered, or delivered the check, draft, or order at the time of the
making, drawing, uttering, or delivering if the amount payable in
the check, draft, or order is $50 or less.
As against the maker or drawer thereof, the
making, drawing, uttering, or delivering of a check, draft, or order,
payment of which is refused by the drawee, when presented in the usual
course of business shall be prima facie evidence of intent to defraud
and of knowledge of insufficient funds in or credit with such bank
or other depository, provided such maker or drawer shall not have
paid the drawee thereof the amount due thereon, together with all
costs and protest fee, within five days after receiving notice that
such check, draft or order has not been paid by the drawee.
Where such check, draft or order is protested,
on the ground of insufficiency of funds or credit, the notice of protest
thereof shall be admissible as proof or presentation, nonpayment and
protest and shall be prima facie evidence of intent to defraud and
of knowledge of insufficient funds or credit with such bank or other
depository.
The word "credit" as used herein shall be construed
to mean an arrangement or understanding with the bank or depository,
for the payment of such check, draft, or order, in full, upon the
presentation thereof for payment.
A.
A person who commits larceny by stealing any of the
following property of another person is guilty of a crime as provided
in this section:
(1)
Money, goods, or chattels.
(2)
A bank note, bank bill, bond, promissory note, due
bill, bill of exchange or other bill draft order, or certificate.
(3)
A book of accounts for or concerning money or goods
due, to become due, or to be delivered.
(4)
A deed or writing containing a conveyance of land
or other valuable contract in force.
(5)
A receipt, release or defeasance.
(6)
A writ, process, or public record.
B.
If the property stolen has a value of less than $200,
the person is guilty of a misdemeanor punishable by imprisonment for
not more than 93 days or a fine of not more than $500, or both imprisonment
and a fine.
Any person to whom any money, goods or other
property, which may be the subject of larceny, shall have been delivered,
who shall embezzle or fraudulently convert to his or her own use,
or shall secrete with the intent to embezzle, or fraudulently use
such goods, money or other property, or any part thereof, shall be
deemed by so doing to have committed the crime of larceny and shall
be guilty of a misdemeanor.
Any person who shall procure, or take in any
way from any public library or the library of any literary, scientific,
historical or library society or association, whether incorporated
or unincorporated, any book, pamphlet, map, chart, painting, picture,
photograph, periodical, newspaper, magazine, manuscript or exhibit
or any part thereof, with intent to convert the same to his or her
own use, or with intent to defraud the owner thereof, or who having
procured or taken any such book, pamphlet, map, chart, painting, picture,
photograph, periodical, newspaper, magazine, manuscript or exhibit
or any part thereof, shall thereafter convert the same to his or her
own use or fraudulently deprive the owner thereof, shall be guilty
of a misdemeanor.
A.
Willful and malicious destruction of property; personal.
A person who willfully and maliciously destroys or injures the personal
property of another, in the amount less than $200, is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500 or three times the amount of the destruction
or injury, whichever is greater, or both imprisonment and a fine.
B.
Willful and malicious destruction of property; house,
barn or building of another. A person shall not willfully and maliciously
destroy or injure another person's house, barn, or other building
or its appurtenances. If the amount of the destruction or injury is
less than $200, a person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500 or three times the amount of the destruction
or injury, whichever is greater, or both imprisonment and a fine.
C.
Maliciously destroying or injuring trees, shrubs,
grass, turf, plants, crops, or soil. A person who willfully and maliciously,
or wantonly and without cause, cuts down, destroys, or injures any
tree, shrub, grass, turf, plants, crops, or soil of another that is
standing, growing, or located on the land of another is guilty of
a crime as follows:
(1)
If the value of the trees, shrubs, grass, turf, plants,
crops, or soil cut down, destroyed, or injured is less than $200,
the person is guilty of a misdemeanor punishable by imprisonment for
not more than 93 days or a fine of not more than $500 or three times
the value of the trees, shrubs, grass, turf, plants, crops, or soil,
whichever is greater, or both imprisonment and a fine.
D.
Malicious destruction of property; boundary markers;
defacing inscriptions, buildings and sign boards; light bulbs. Any
person who shall willfully or maliciously break down, injure, remove
or destroy any monument erected for the purpose of designating the
boundaries of this state or any municipality thereof, or of any tract
or lot of land, or any tree marked for that purpose, or shall so break
down, injure, remove or destroy any milestone, mileboard, guidepost
or guide board, lawfully erected upon any highway, or other public
way or railroad, or shall willfully or maliciously deface or alter
the inscription on any such stone, post or board, or shall willfully
or maliciously mar or deface any building or sign board, or extinguish
any lamp, or break, injure, destroy or remove any gas lamp, oil lamp,
electric light globe or bulb, or any railing or lamp post, erected
on any bridge, sidewalk, street, highway, court or passage, or shall
willfully or maliciously injure, remove, deface or destroy any board
or structure lawfully erected or used for the posting of bills, posters,
or other notices, or shall willfully or maliciously mutilate, deface
or destroy any bill, poster, or other printed or written notice lawfully
posted on any board or structure used for that purpose, without the
consent of the owner or occupant thereof, shall be guilty of a misdemeanor.
E.
Malicious destruction of property; signs, bills and
notices placed on private property. Any person who shall willfully
tear down, destroy or in any manner deface any signs, bill or notices
on any private lands of this State, or on any lots of premises in
any township, city or village shall be guilty of a misdemeanor; provided
that such signs, bills or notices are not in violation of any general
law of the state or municipal ordinance, and were placed by the owner
or lessee or by their consent.
F.
Willful destruction of property; memorials of dead;
protective or ornamental structures; trees, shrubs, or plants; violation
as misdemeanor or felony; penalties.
(1)
A person other than the burial right owner or his
or her representative, heir at law, or a person having care, custody,
or control of a cemetery pursuant to law, a contract, or other legal
right, shall not willfully destroy, mutilate, deface, injure, or remove
a tomb, monument, gravestone, or other structure or thing placed or
designed for a memorial of the dead, or a fence, railing, curb, or
other thing intended for the protection or for the ornament of any
tomb, monument, gravestone, or other structure described in this section
or any other enclosure for the burial of the dead and shall not willfully
destroy, mutilate, remove, cut, break, or injure any tree, shrub,
or plant placed or being within such an enclosure.
G.
Maliciously injuring or mutilating library books.
Any person who shall willfully, maliciously or wantonly tear, deface
or mutilate or write upon, or by other means injure or mar any book,
pamphlet, map, chart, painting, picture, photograph, periodical, newspaper,
magazine, manuscript or exhibit or any part thereof belonging to or
loaned to any public library, or to the library of any literary, scientific,
historical or library society or association, whether incorporated
or unincorporated, shall be guilty of a misdemeanor.
A.
A person shall not buy, receive, conceal or possess
any stolen, embezzled or converted money, goods or property knowing
the same to have been stolen, embezzled or converted.
B.
If the property purchased, received, possessed or
converted has a value of less than $200, a person who violates this
section is guilty of a misdemeanor punishable by imprisonment for
not more than 93 days or a fine of not more than $500, or both imprisonment
and a fine.
A person who does any of the following in a
store or in its immediate vicinity is guilty of retail fraud, a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500, or both imprisonment and a fine:
A.
While a store is open to the public, alters, transfers,
removes and replaces, conceals or otherwise misrepresents the price
at which property is offered for sale, with the intent not to pay
for the property or to pay less than the price at which the property
is offered for sale if the resulting difference in price is less than
$200.
B.
While a store is open to the public, steals property
of the store that is offered for sale at a price of less than $200.
C.
With intent to defraud, obtains or attempts to obtain
money or property from the store as a refund or exchange for property
that was not paid for and belongs to the store, if the amount of money,
or the value of the property, obtained or attempted to be obtained
is less than $200.
A person commits the offense of tampering if,
having no right to do so and no reasonable ground to believe that
he or she has such right, he or she tampers or meddles with public
property or private property belonging to another person even though
no damage results.
A person commits the offense of theft of services
if he or she intentionally obtains services known by him or her to
be available only for compensation by deception, threat, false token
or other means to avoid payment for the services.
[Amended 6-10-2019 by Ord. No.
2019-08]
A.
Trespass. A person commits the offense of trespass if he or she enters
or remains in or upon premises when he or she is not licensed, invited
or otherwise privileged to do so. A person who 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 the premises or some 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. A person
who enters or remains upon unimproved and apparently unused land which
is neither fenced nor otherwise enclosed in a manner designed to exclude
intruders does so with license and privilege unless notice against
trespass is personally communicated to him or her by the owner of
the land or some other authorized person, or unless notice is given
by posting in a conspicuous manner.
B.
Illegal entry.
(1)
A person commits the offense of illegal entry if he or she breaks
and enters, or enters without breaking, any dwelling, house, hotel,
office, store, shop, warehouse, factory or other building or structure
used or kept for public or private use, or any private apartment therein,
or any garage or outbuildings belonging thereto, or any other structure,
whether occupied or unoccupied, without first obtaining permission
to enter from the owner, occupant, agent, or person having immediate
control thereof.
(2)
Subsection B(1) does not apply to entering without breaking any place which at the time of the entry was open to the public, unless the entry was expressly denied. Subsection B(1) does not apply if the breaking and entering or breaking without entering was committed by a peace officer, or an individual under the peace officer's direction, in the lawful performance of his or her duties as a peace officer.
