Truly Agreed, 2016

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SS#2 SCS HCS HB 2332, 2016    (Amended Section - Proposed Language)

569.090. 1. A person commits the offense of tampering in the second degree if he or she:
     (1) Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
     (2) Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
     (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 an electric, gas, steam or water utility, the effect of which tampering is either:
     (a) To prevent the proper measuring of electric, gas, steam or water service; or
     (b) To permit the diversion of any electric, gas, steam or water service.
     2. In any prosecution under subdivision (4) of subsection 1, 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 subdivision (4) of subsection 1, 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.
     3. Tampering in the second degree is a class A misdemeanor unless:
     (1) Committed as a second or subsequent violation of subdivision (4) of subsection 1, in which case it is a class E felony; or
     (2) The defendant has a prior conviction or has previously been found guilty pursuant to paragraph (a) of subdivision (3) of subsection 5 of section 570.030, or subdivision (2) of subsection 1 of this section, in which case it is a class D felony.


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