Missouri Revised Statutes

Chapter 570
Robbery, Stealing and Related Offenses

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Chapter definitions.

570.010. As used in this chapter, the following terms mean:

(1) "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;

(2) "Appropriate", to take, obtain, use, transfer, conceal, retain or dispose;

(3) "Check", a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money;

(4) "Coercion", 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. 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;

(5) "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;

(6) "Dealer", a person in the business of buying and selling goods;

(7) "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;

(8) "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;

(9) "Deprive":

(a) To withhold property from the owner permanently; or

(b) To restore property only upon payment of reward or other compensation; or

(c) To use or dispose of property in a manner that makes recovery of the property by the owner unlikely;

(10) "Electronic benefits card" or "EBT card", a debit card used to access food stamps or cash benefits issued by the department of social services;

(11) "Financial institution", a bank, trust company, savings and loan association, or credit union;

(12) "Food stamps", the nutrition assistance program in Missouri that provides food and aid to low-income individuals who are in need of benefits to purchase food operated by the United States Department of Agriculture (USDA) in conjunction with the department of social services;

(13) "Forcibly steals", a person, in the course of stealing, uses or threatens the immediate use of physical force upon another person for the purpose of:

(a) Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or

(b) Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft;

(14) "Internet service", an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the internet, or any comparable system or service and also includes, but is not limited to, a world wide web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service;

(15) "Means of identification", anything used by a person as a means to uniquely distinguish himself or herself;

(16) "Merchant", a person who deals in goods of the kind or otherwise by his or her occupation holds oneself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by his or her occupation holds oneself out as having such knowledge or skill;

(17) "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;

(18) "Pharmacy", any building, warehouse, physician's office, hospital, pharmaceutical house or other structure used in whole or in part for the sale, storage, or dispensing of any controlled substance as defined in chapter 195;

(19) "Property", 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;

(20) "Public assistance benefits", anything of value, including money, food, EBT cards, food stamps, commodities, clothing, utilities, utilities payments, shelter, drugs and medicine, materials, goods, and any service including institutional care, medical care, dental care, child care, psychiatric and psychological service, rehabilitation instruction, training, transitional assistance, or counseling, received by or paid on behalf of any person under chapters 198, 205, 207, 208, 209, and 660, or benefits, programs, and services provided or administered by the Missouri department of social services or any of its divisions;

(21) "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;

(22) "Stealing-related offense", federal and state violations of criminal statutes against stealing, robbery, or buying or receiving stolen property and shall also include municipal ordinances against the same if the offender was either represented by counsel or knowingly waived counsel in writing and the judge accepting the plea or making the findings was a licensed attorney at the time of the court proceedings;

(23) "Video service", the provision of video programming provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including internet protocol technology whether provided as part of a tier, on demand, or a per-channel basis. This definition includes cable service as defined by 47 U.S.C. Section 522(6), but does not include any video programming provided by a commercial mobile service provider as "commercial mobile service" is defined in 47 U.S.C. Section 332(d), or any video programming provided solely as part of and via a service that enables users to access content, information, electronic mail, or other services offered over the public internet, and includes microwave television transmission, from a multipoint distribution service not capable of reception by conventional television receivers without the use of special equipment;

(24) "Voice over internet protocol service", a service that:

(a) Enables real-time, two-way voice communication;

(b) Requires a broadband connection from the user's location;

(c) Requires internet protocol-compatible customer premises equipment; and

(d) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network;

(25) "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.

(L. 1977 S.B. 60, A.L. 1979 H.B. 165, A.L. 1986 S.B. 450, A.L. 1999 S.B. 328, et al., A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)

Effective 1-01-17

Determination of value.

570.020. For the purposes of this chapter, the value of property shall be ascertained as follows:

(1) Except as otherwise specified in this section, "value" means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime. If the victim is a merchant, and the property is a type that the merchant sells in the ordinary course of business, then the property shall be valued at the price that such merchant would normally sell such property;

(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:

(a) The value of an instrument constituting evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;

(b) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument;

(3) When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in subdivisions (1) and (2) of this section, its value shall be deemed to be an amount less than seven hundred fifty dollars.

(L. 1977 S.B. 60, A.L. 2002 H.B. 1888 merged with H.B. 2120, A.L. 2014 S.B. 491)

Effective 1-01-17

Robbery in the first degree--penalty.

570.023. 1. A person commits the offense of robbery in the first degree if he or she forcibly steals property and in the course thereof he or she, or another participant in the offense:

(1) Causes serious physical injury to any person; or

(2) Is armed with a deadly weapon; or

(3) Uses or threatens the immediate use of a dangerous instrument against any person; or

(4) Displays or threatens the use of what appears to be a deadly weapon or dangerous instrument; or

(5) Steals any controlled substance from a pharmacy.

2. The offense of robbery in the first degree is a class A felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Transferred 2014; formerly 569.020; Effective 1-01-17

Robbery in the second degree--penalty.

570.025. 1. A person commits the offense of robbery in the second degree if he or she forcibly steals property and in the course thereof causes physical injury to another person.

2. The offense of robbery in the second degree is a class B felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Transferred 2014; formerly 569.030; Effective 1-01-17

Stealing--penalties.

570.030. 1. A person commits the offense of stealing if he or she:

(1) 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;

(2) Attempts to appropriate anhydrous ammonia or liquid nitrogen of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion; or

(3) For the purpose of depriving the owner of a lawful interest therein, receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

2. The offense of stealing is a class A felony if the property appropriated consists of any of the following containing any amount of anhydrous ammonia: a tank truck, tank trailer, rail tank car, bulk storage tank, field nurse, field tank or field applicator.

3. The offense of stealing is a class B felony if:

(1) The property appropriated or attempted to be appropriated consists of any amount of anhydrous ammonia or liquid nitrogen;

(2) The property consists of any animal considered livestock as the term livestock is defined in section 144.010, or any captive wildlife held under permit issued by the conservation commission, and the value of the animal or animals appropriated exceeds three thousand dollars and that person has previously been found guilty of appropriating any animal considered livestock or captive wildlife held under permit issued by the conservation commission. Notwithstanding any provision of law to the contrary, such person shall serve a minimum prison term of not less than eighty percent of his or her sentence before he or she is eligible for probation, parole, conditional release, or other early release by the department of corrections;

(3) A person appropriates property consisting of a motor vehicle, watercraft, or aircraft, and that person has previously been found guilty of two stealing-related offenses committed on two separate occasions where such offenses occurred within ten years of the date of occurrence of the present offense;

(4) The property appropriated or attempted to be appropriated consists of any animal considered livestock as the term is defined in section 144.010 if the value of the livestock exceeds ten thousand dollars; or

(5) The property appropriated or attempted to be appropriated is owned by or in the custody of a financial institution and the property is taken or attempted to be taken physically from an individual person to deprive the owner or custodian of the property.

4. The offense of stealing is a class C felony if the value of the property or services appropriated is twenty-five thousand dollars or more.

5. The offense of stealing is a class D felony if:

(1) The value of the property or services appropriated is seven hundred fifty dollars or more;

(2) The offender physically takes the property appropriated from the person of the victim; or

(3) The property appropriated consists of:

(a) Any motor vehicle, watercraft or aircraft;

(b) Any will or unrecorded deed affecting real property;

(c) Any credit device, debit device or letter of credit;

(d) Any firearms;

(e) Any explosive weapon as defined in section 571.010;

(f) Any United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open;

(g) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri;

(h) Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States;

(i) Any book of registration or list of voters required by chapter 115;

(j) Any animal considered livestock as that term is defined in section 144.010;

(k) Any live fish raised for commercial sale with a value of seventy-five dollars or more;

(l) Any captive wildlife held under permit issued by the conservation commission;

(m) Any controlled substance as defined by section 195.010;

(n) Ammonium nitrate;

(o) Any wire, electrical transformer, or metallic wire associated with transmitting telecommunications, video, internet, or voice over internet protocol service, or any other device or pipe that is associated with conducting electricity or transporting natural gas or other combustible fuels; or

(p) Any material appropriated with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues.

6. The offense of stealing is a class E felony if:

(1) The property appropriated is an animal; or

(2) A person has previously been found guilty of three stealing-related offenses committed on three separate occasions where such offenses occurred within ten years of the date of occurrence of the present offense.

7. The offense of stealing is a class D misdemeanor if the property is not of a type listed in subsection 2, 3, 5, or 6 of this section, the property appropriated has a value of less than one hundred fifty dollars, and the person has no previous findings of guilt for a stealing-related offense.

8. The offense of stealing is a class A misdemeanor if no other penalty is specified in this section.

9. If a violation of this section is subject to enhanced punishment based on prior findings of guilt, such findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.

10. The appropriation of any property or services of a type listed in subsection 2, 3, 5, or 6 of this section or of a value of seven hundred fifty dollars or more may be considered a separate felony and may be charged in separate counts.

11. The value of property or services appropriated pursuant to one scheme or course of conduct, whether from the same or several owners and whether at the same or different times, constitutes a single criminal episode and may be aggregated in determining the grade of the offense, except as set forth in subsection 10 of this section.

(L. 1977 S.B. 60, A.L. 1981 S.B. 202, A.L. 1985 H.B. 333 & 64, A.L. 1996 S.B. 657, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2002 H.B. 1888 merged with S.B. 712, A.L. 2003 S.B. 5, A.L. 2004 S.B. 1211, A.L. 2005 H.B. 353, A.L. 2009 H.B. 62, A.L. 2013 S.B. 9, A.L. 2014 S.B. 491, A.L. 2016 S.B. 624)

Effective 1-01-17

CROSS REFERENCE:

Child support, retention of erroneously paid support to be crime of stealing, when, 454.531

Cable television services, appropriationof--not stealing, when.

570.039. A person who appropriates cable television service shall not be deemed to have stolen that service within the meaning of section 570.030, if a cable television company either:

(1) Provides unsolicited cable television service; or

(2) Fails to change or disconnect cable television service within ten days after receiving written notice to do so by the customer. The customer may deem such service to be a gift without any obligation to the cable television company from ten days after such written notice is received until the service is changed or disconnected.

(L. 2014 S.B. 491)

Effective 1-01-17

Feigned blindness--penalty.

570.053. 1. A person commits the offense of feigned blindness if he or she simulates blindness or pretends to be a blind person with the purpose of obtaining something of value from another person by deceit.

2. The offense of feigned blindness is a class A misdemeanor.

(L. 1983 H.B. 703 § 1, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.075; Effective 1-01-17

Stealing leased or rentedproperty--evidence of intent to violate, when--law enforcementprocedure--venue--penalties.

570.057. 1. A person commits the offense of stealing leased or rented property if, with the intent to deprive the owner thereof, such person:

(1) Purposefully 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 to 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.

2. 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.

3. 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 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 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 crime 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 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 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 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.

4. 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 days after proper notice.

5. Any person who has leased or rented personal property of another who destroys such property so as to avoid returning it to the owner commits the offense of property damage pursuant to section 569.100 or 569.120, in addition to being in violation of this section.

6. Venue shall lie in the county where the personal property was originally rented or leased.

7. The offense of stealing leased or rented property is a class A misdemeanor unless the property involved has a value of seven hundred fifty dollars or more, in which case stealing leased or rented property is a class D felony.

(L. 1981 H.B. 78 § 1, A.L. 1992 H.B. 958, A.L. 1993 S.B. 180, A.L. 2002 H.B. 1888, A.L. 2011 H.B. 111, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.150; Effective 1-01-17

Lost property.

570.060. 1. A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of section 570.030 unless such property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.

2. The defendant shall have the burden of injecting the issue of lost property.

(L. 1977 S.B. 60)

Effective 1-1-79

Claim of right.

570.070. 1. A person does not commit an offense under section 570.030 if, at the time of the appropriation, he or she:

(1) Acted in the honest belief that he had the right to do so; or

(2) Acted in the honest belief that the owner, if present, would have consented to the appropriation.

2. The defendant shall have the burden of injecting the issue of claim of right.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

Alteration or removal of item numbers withintent to deprive lawful owner--penalties.

570.085. 1. A person commits the offense of alteration or removal of item numbers if he or 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 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.

2. The offense of alteration or removal of item numbers is a class E felony if the value of the item or items in the aggregate is seven hundred fifty dollars or more; otherwise it is a class B misdemeanor.

(L. 1982 H.B. 1454, et al., A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)

Effective 1-01-17

Forgery--penalty.

570.090. 1. A person commits the offense of forgery if, with the purpose to defraud, the person:

(1) Makes, completes, alters or authenticates any writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was in fact the case or with different terms or by authority of one who did not give such authority; or

(2) Erases, obliterates or destroys any writing; or

(3) Makes or alters anything other than a writing, including receipts and universal product codes, so that it purports to have a genuineness, antiquity, rarity, ownership or authorship which it does not possess; or

(4) Uses as genuine, or possesses for the purpose of using as genuine, or transfers with the knowledge or belief that it will be used as genuine, any writing or other thing including receipts and universal product codes, which the person knows has been made or altered in the manner described in this section.

2. The offense of forgery is a class D felony.

(L. 1977 S.B. 60, A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)

Effective 1-01-17

(2013) Prosecution for forgery based on defendant's signature on employment application containing false Social Security number is not preempted by federal immigration law. State v. Diaz-Rey, 397 S.W.3d 5 (Mo.App.E.D.).

Possession of a forginginstrumentality--penalty.

570.100. 1. A person commits the offense of possession of a forging instrumentality if, with the purpose of committing forgery, he or she makes, causes to be made or possesses any plate, mold, instrument or device for making or altering any writing or anything other than a writing.

2. The offense of possession of a forging instrumentality is a class D felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

Crime of counterfeiting,definitions--penalty.

570.103. 1. As used in this section and section 570.105, the following words mean:

(1) "Counterfeit mark", any unauthorized reproduction or copy of intellectual property or intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;

(2) "Intellectual property", any trademark, service mark, trade name, label, term, device, design, or word adopted or used by a person to identify such person's goods or services;

(3) "Retail value", the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.

2. A person commits the offense of counterfeiting if he or she willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses for the purpose of selling or distributing any item, or services, bearing or identified by a counterfeit mark. A person having possession, custody or control of more than twenty-five items bearing a counterfeit mark shall be presumed to possess said items for the purpose of selling or distributing.

3. The offense of counterfeiting is a class A misdemeanor, except as provided in subsections 4 and 5 of this section.

4. The offense of counterfeiting is a class E felony if:

(1) The defendant has previously been convicted under this section; or

(2) The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is seven hundred fifty dollars or more.

5. The offense of counterfeiting is a class D felony if:

(1) The defendant has been previously convicted of two or more offenses under this section;

(2) The violation involves the manufacture or production of items bearing counterfeit marks; or

(3) The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is twenty-five thousand dollars or more.

6. For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.

7. The remedies provided for herein shall be cumulative to the other civil remedies provided by law.

8. Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.

(L. 1998 H.B. 1779, A.L. 2014 S.B. 491)

Effective 1-01-17

Seizure and forfeiture of counterfeit property.

570.105. 1. Any items bearing a counterfeit mark, and all personal property, including but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of section 570.103 or this section shall be seized by any law enforcement officer. All seized personal property shall be forfeited in accordance with section 513.600, et seq.

2. Upon the request of the intellectual property owner, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition. If the intellectual property owner does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the intellectual property owner consents to another disposition.

(L. 1998 H.B. 1779)

Issuing a false instrument orcertificate--penalty.

570.110. 1. A person commits the offense of issuing a false instrument or certificate when, being authorized by law to take proof or acknowledgment of any instrument which by law may be recorded, or being authorized by law to make or issue official certificates or other official written instruments, he or she issues such an instrument or certificate, or makes the same with the purpose that it be issued, knowing:

(1) That it contains a false statement or false information; or

(2) That it is wholly or partly blank.

2. The offense of issuing a false instrument or certificate is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

Crime of passing bad checks,penalty--actual notice given, when--administrative handlingcosts, amount, deposit in fund--use of fund--additional costs,amount--payroll checks, action, when--service charge may becollected--return of bad check to depositor by financialinstitution must be on condition that issuer is identifiable.

570.120. 1. A person commits the offense of passing a bad check when he or she:

(1) With the purpose to defraud, makes, issues or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee; or

(2) Makes, issues, or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that there are insufficient funds in or on deposit with that account for the payment of such check, sight order, or other form of presentment involving the transmission of account information in full and all other checks, sight orders, or other forms of presentment involving the transmission of account information upon such funds then outstanding, or that there is no such account or no drawee and fails to pay the check or sight order or other form of presentment involving the transmission of account information within ten 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.

2. As used in subdivision (2) of subsection 1 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.

3. The face amounts of any bad checks passed pursuant to one course of conduct within any ten-day period may be aggregated in determining the grade of the offense.

4. The offense of passing bad checks is a class A misdemeanor, unless:

(1) The face amount of the check or sight order or the aggregated amounts is seven hundred fifty dollars or more; or

(2) The issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued,

in which case passing a bad check is a class E felony.

5. In addition to all other costs and fees allowed by law, each prosecuting attorney or circuit attorney who takes any action pursuant to the provisions of this section shall collect from the issuer in such action an administrative handling cost. The cost shall be twenty-five dollars for checks of less than one hundred dollars, and fifty dollars for checks of one hundred dollars but less than two hundred fifty dollars. For checks of two hundred fifty dollars or more an additional fee of ten percent of the face amount shall be assessed, with a maximum fee for administrative handling costs not to exceed seventy-five dollars total. Notwithstanding the provisions of sections 50.525 to 50.745, the costs provided for in this subsection shall be deposited by the county treasurer into the administrative handling cost fund, established under section 559.100. Notwithstanding any law to the contrary, in addition to the administrative handling cost, the prosecuting attorney or circuit attorney shall collect an additional cost of five dollars per check for deposit to the Missouri office of prosecution services fund established in subsection 2 of section 56.765. All moneys collected pursuant to this section which are payable to the Missouri office of prosecution services fund shall be transmitted at least monthly by the county treasurer to the director of revenue who shall deposit the amount collected pursuant to the credit of the Missouri office of prosecution services fund under the procedure established pursuant to subsection 2 of section 56.765.

6. Notwithstanding any other provision of law to the contrary:

(1) In addition to the administrative handling costs provided for in subsection 5 of this section, the prosecuting attorney or circuit attorney may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, which along with the face amount of the check, shall be turned over to the party to whom the bad check was issued;

(2) If a check that is dishonored or returned unpaid by a financial institution is not referred to the prosecuting attorney or circuit attorney for any action pursuant to the provisions of this section, the party to whom the check was issued, or his or her agent or assignee, or a holder, may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, not to exceed twenty-five dollars, plus an amount equal to the actual charge by the depository institution for the return of each unpaid or dishonored instrument.

7. When any financial institution returns a dishonored check to the person who deposited such check, it shall be in substantially the same physical condition as when deposited, or in such condition as to provide the person who deposited the check the information required to identify the person who wrote the check.

(L. 1977 S.B. 60, A.L. 1989 S.B. 310, A.L. 1992 S.B. 705, A.L. 1993 S.B. 180, A.L. 2001 H.B. 80, A.L. 2002 H.B. 1888, A.L. 2005 H.B. 353, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Taxes paid with bad checks, penalty, 139.235

Fraudulently stopping payment on aninstrument--penalties.

570.125. 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.

2. The offense of fraudulently stopping payment of an instrument is a class A misdemeanor, unless the face amount of the check or draft is seven hundred fifty dollars or more or, if the stopping of payment of more than one check or draft is involved in the same course of conduct, the aggregate amount is seven hundred fifty dollars or more, in which case the offense is a class E felony.

3. 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 days after notice in writing from the payee that the check, draft, or debit device transaction has not been paid because of a stop payment order by the issuer to the drawee.

4. "Notice in writing" means notice deposited as certified or registered mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check, draft, or debit device transaction or to his last known address. The notice shall contain a statement that failure to make good the check, draft, or debit device transaction within ten days of receipt of the notice may subject the issuer to criminal prosecution.

(L. 1983 S.B. 75, A.L. 1985 S.B. 264, A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)

Effective 1-01-17

Fraudulent use of a credit device or debitdevice--penalty.

570.130. 1. A person commits the offense of fraudulent use of a credit device or debit device if he or she uses a credit device or debit device for the purpose of obtaining services or property, knowing that:

(1) The device is stolen, fictitious or forged; or

(2) The device has been revoked or cancelled; or

(3) For any other reason his or 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 section if a person cancels such charges or payment after obtaining a property tax receipt to obtain license tags from the Missouri department of revenue.

2. The offense of fraudulent use of a credit device or debit device is a class A misdemeanor unless the value of the property tax or the value of the property or services obtained or sought to be obtained within any thirty-day period is seven hundred fifty dollars or more, in which case fraudulent use of a credit device or debit device is a class E felony.

(L. 1977 S.B. 60, A.L. 1999 S.B. 328, et al., A.L. 2002 H.B. 1888 merged with S.B. 895, A.L. 2014 S.B. 491)

Effective 1-01-17

Fraudulent procurement of a credit or debitcard--penalty--limitation of liability.

570.135. 1. 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 fraudulently procuring the issuance of a credit or debit device;

(2) Knowingly obtains a means of identification of another person without the authorization of that person and uses that means of identification fraudulently 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.

2. The offense of fraudulent procurement of a credit or debit device is a class A misdemeanor.

3. Notwithstanding any other provision of this section, no corporation, proprietorship, partnership, limited liability company, limited liability partnership or other business entity shall be criminally liable under this section for accepting applications for credit or debit devices or for the use of a credit or debit device in any transaction, absent clear and convincing evidence that such business entity conspired with or was a part of the fraudulent procuring of the issuance of a credit or debit device.

(L. 1999 S.B. 386 § 2, A.L. 2014 S.B. 491, A.L. 2016 S.B. 624)

Effective 1-01-17

Deceptive business practice--penalty.

570.140. 1. 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:

(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, displays 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 or she furnishes the weight or measure;

(4) Sells, offers, or exposes for sale adulterated or mislabeled commodities;

(5) Makes a false or misleading written statement for the purpose of obtaining property or credit;

(6) Promotes the sale of property or services by a false or misleading statement in any advertisement; or

(7) Advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:

(a) At the price which he or she offered them;

(b) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or

(c) At all.

2. The offense of deceptive business practice is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

Financial exploitation of the elderlyperson or person with a disability--penalties--certain defenseprohibited, additional violation, restitution.

570.145. 1. A person commits the offense of financial exploitation of an elderly person or a person with a disability if such person knowingly obtains control over the property of the elderly person or person with a disability with the intent to permanently deprive the person of the use, benefit or possession of his or her property thereby benefitting the offender or detrimentally affecting the elderly person or person with a disability by:

(1) Deceit;

(2) Coercion;

(3) Creating or confirming another person's impression which is false and which the offender does not believe to be true;

(4) Failing to correct a false impression which the offender previously has created or confirmed;

(5) Preventing another person from acquiring information pertinent to the disposition of the property involved;

(6) Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record;

(7) Promising performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform; or

(8) Undue influence, which means the use of influence by someone who exercises authority over an elderly person or person with a disability in order to take unfair advantage of that person's vulnerable state of mind, neediness, pain, or agony. Undue influence includes, but is not limited to, the improper or fraudulent use of a power of attorney, guardianship, conservatorship, or other fiduciary authority.

2. The offense of financial exploitation of an elderly person or person with a disability is a class A misdemeanor unless:

(1) The value of the property is fifty dollars or more, in which case it is a class E felony;

(2) The value of the property is seven hundred fifty dollars or more, in which case it is a class D felony;

(3) The value of the property is five thousand dollars or more, in which case it is a class C felony;

(4) The value of the property is twenty-five thousand dollars or more, in which case it is a class B felony; or

(5) The value of the property is seventy-five thousand dollars or more, in which case it is a class A felony.

3. Nothing in this section shall be construed to limit the remedies available to the victim pursuant to any state law relating to domestic violence.

4. Nothing in this section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.

5. Nothing in this section shall limit the ability to engage in bona fide estate planning, to transfer property and to otherwise seek to reduce estate and inheritance taxes; provided that such actions do not adversely impact the standard of living to which the elderly person or person with a disability has become accustomed at the time of such actions.

6. It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.

7. (1) It shall be unlawful in violation of this section for any person receiving or in the possession of funds of a Medicaid-eligible elderly person or person with a disability residing in a facility licensed under chapter 198 to fail to remit to the facility in which the Medicaid-eligible person resides all money owing the facility resident from any source, including, but not limited to, Social Security, railroad retirement, or payments from any other source disclosed as resident income contained in the records of the department of social services, family support division or its successor. The department of social services, family support division or its successor is authorized to release information from its records containing the resident's income or assets to any prosecuting or circuit attorney in the state of Missouri for purposes of investigating or prosecuting any suspected violation of this section.

(2) The prosecuting or circuit attorney of any county containing a facility licensed under chapter 198, who successfully prosecutes a violation of the provisions of this subsection, may request the circuit court of the county in which the offender admits to or is found guilty of a violation, as a condition of sentence and/or probation, to order restitution of all amounts unlawfully withheld from a facility in his or her county. Any order of restitution entered by the court or by agreement shall provide that ten percent of any restitution installment or payment paid by or on behalf of the defendant or defendants shall be paid to the prosecuting or circuit attorney of the county successfully prosecuting the violation to compensate for the cost of prosecution with the remaining amount to be paid to the facility.

(L. 2000 H.B. 1386 & 1086, A.L. 2003 S.B. 556 & 311, A.L. 2005 H.B. 353, A.L. 2012 S.B. 689, A.L. 2014 S.B. 491)

Effective 1-01-17

Commercial bribery--penalty.

570.150. 1. A person commits the offense of commercial bribery if he or she:

(1) Solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity, which he or she is subject to as:

(a) An agent or employee of another;

(b) A trustee, guardian or other fiduciary;

(c) A lawyer, physician, accountant, appraiser or other professional adviser or informant;

(d) An officer, director, partner, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or

(e) An arbitrator or other purportedly disinterested adjudicator or referee;

(2) 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, solicits, accepts or agrees to accept any benefit to influence his or her selection, appraisal or criticism;

(3) Confers or offers or agrees to confer any benefit the acceptance of which would be criminal under subdivisions (1) and (2) of this section.

2. The offense of commercial bribery is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

Defrauding secured creditors--penalty.

570.180. 1. 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.

2. The offense of defrauding secured creditors is a class A misdemeanor unless the amount remaining to be paid on the secured debt, including interest, is seven hundred fifty dollars or more, in which case defrauding secured creditors is a class E felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

Library theft, guilty of stealing.

570.210. 1. Any person who:

(1) Knowingly removes any library material from the premises of a library without authorization;

(2) Borrows or attempts to borrow any library material from a library by the unauthorized use of a library card;

(3) Borrows library materials from any library pursuant to an agreement or procedure established by the library which requires the return of such library material and fails to return the library material to the library; or

(4) Knowingly writes on, injures, defaces, tears, cuts, mutilates, or destroys a book, document, or other library material belonging to, on loan to, or otherwise in the custody of a library;

shall be deemed to have appropriated said item with the intent to deprive the library of said item without its consent and shall be guilty of the offense of stealing under section 570.030.

2. It shall be prima facie evidence of the person's purpose to deprive the library of the library materials if, within ten days after notice in writing deposited as certified mail from the library demanding the return of such library material, such person without good cause shown fails to return the library material. A person is presumed to have received the notice required by this subsection if the library mails such notice to the last address provided to the library by such person. Payment to the library, in an amount equal to the cost of replacement of an item of no historical significance shall be considered returning the item for purposes of this subsection.

(L. 1986 S.B. 450, A.L. 2002 H.B. 1888, A.L. 2004 S.B. 1211, A.L. 2014 S.B. 491)

Effective 1-01-17

Misapplication of funds of a financialinstitution--penalties.

570.217. 1. A person commits the offense of misapplication of funds of a financial institution if, being an officer, director, agent, or employee of, or connected in any capacity with, any financial institution, he or she embezzles, appropriates, or purposely misapplies any of the money, funds, or credits of such financial institution or any moneys, funds, assets, or securities entrusted to the custody or care of such financial institution, or to the custody or care of any such agent, officer, director, employee, or receiver.

2. The offense of misapplication of funds of a financial institution is a class E felony, unless the amount embezzled, appropriated, or misapplied is seven hundred fifty dollars or more, in which case it is a class D felony.

(L. 1985 H.B. 408 § 570.195, A.L. 1991 H.B. 206, A.L. 2014 S.B. 491)

Effective 1-01-17

False entries in the records of a financialinstitution with intent to defraud--penalty.

570.219. 1. A person commits the offense of making false entries in the records of a financial institution if he or she makes any false entry in any book, report, or statement of a financial institution with intent to injure or defraud such financial institution, or any other entity, or with intent to deceive any officer or director of a financial institution or any agent or examiner appointed to examine the affairs of such financial institution.

2. The offense of making false entries in the records of a financial institution is a class D felony.

(L. 1985 H.B. 408 § 570.200, A.L. 1991 H.B. 206, A.L. 2014 S.B. 491)

Effective 1-01-17

Check kiting--collected fundsdefined--penalty.

570.220. 1. A person commits the offense of check kiting if he or she, with intent to defraud, obtains money from a financial institution by drawing a check against an account in which there is not sufficient collected funds to pay the check and, he or she purports to cover that check by depositing in such account another check drawn against insufficient collected funds.

2. For purposes of this section, the term "collected funds" means that portion of a deposit account representing checks and other credits as to which the depositary has directly and affirmatively verified that final payment has been made or, in the alternative, with respect to checks as to which at least ten business days have elapsed, without return of the checks, since presentation for payment.

3. The offense of check kiting is a class E felony.

(L. 1985 H.B. 408 § 570.210, A.L. 2014 S.B. 491)

Effective 1-01-17

Identity theft--penalty--restitution--othercivil remedies available--exempted activities.

570.223. 1. A person commits the offense of identity theft if he or she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use, one or more means of identification not lawfully issued for his or her use.

2. The offense of identity theft is a class B misdemeanor unless the identity theft results in the theft or appropriation of credit, money, goods, services, or other property:

(1) Not exceeding seven hundred fifty dollars in value, in which case it is a class A misdemeanor;

(2) Exceeding seven hundred fifty dollars and not exceeding twenty-five thousand dollars in value, in which case it is a class D felony;

(3) Exceeding twenty-five thousand dollars and not exceeding seventy-five thousand dollars in value, in which case it is a class C felony;

(4) Exceeding seventy-five thousand dollars in value, in which case it is a class B felony.

3. In addition to the provisions of subsection 2 of this section, the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim:

(1) In clearing the credit history or credit rating of the victim; and

(2) In connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising from the actions of the defendant.

4. In addition to the criminal penalties in subsections 2 and 3 of this section, any person who commits an act made unlawful by subsection 1 of this section shall be liable to the person to whom the identifying information belonged for civil damages of up to five thousand dollars for each incident, or three times the amount of actual damages, whichever amount is greater. A person damaged as set forth in subsection 1 of this section may also institute a civil action to enjoin and restrain future acts that would constitute a violation of subsection 1 of this section. The court, in an action brought under this subsection, may award reasonable attorneys' fees to the plaintiff.

5. If the identifying information of a deceased person is used in a manner made unlawful by subsection 1 of this section, the deceased person's estate shall have the right to recover damages pursuant to subsection 4 of this section.

6. Civil actions under this section must be brought within five years from the date on which the identity of the wrongdoer was discovered or reasonably should have been discovered.

7. Civil action pursuant to this section does not depend on whether a criminal prosecution has been or will be instituted for the acts that are the subject of the civil action. The rights and remedies provided by this section are in addition to any other rights and remedies provided by law.

8. This section and section 570.224 shall not apply to the following activities:

(1) A person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, going to a gaming establishment, or another privilege denied to minors;

(2) A person obtains means of identification or information in the course of a bona fide consumer or commercial transaction;

(3) A person exercises, in good faith, a security interest or right of offset by a creditor or financial institution;

(4) A person complies, in good faith, with any warrant, court order, levy, garnishment, attachment, or other judicial or administrative order, decree, or directive, when any party is required to do so;

(5) A person is otherwise authorized by law to engage in the conduct that is the subject of the prosecution.

9. Notwithstanding the provisions of subdivision (1) or (2) of subsection 2 of this section, every person who has previously been found guilty of identity theft or attempted identity theft, and who subsequently is found guilty of identity theft or attempted identity theft of credit, money, goods, services, or other property not exceeding seven hundred fifty dollars in value is guilty of a class E felony and shall be punished accordingly.

10. If credit, property, or services are obtained by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the identity thefts are attributable to a single scheme, plan, or conspiracy, the acts may be considered as a single identity theft and the value may be the total value of all credit, property, and services involved.

(L. 1999 S.B. 328, et al., A.L. 2004 H.B. 916, A.L. 2004 H.B. 959, A.L. 2005 H.B. 353 merged with S.B. 402, A.L. 2014 S.B. 491)

Effective 1-01-17

Trafficking in stolenidentities--possession of documents, exemptions--penalty.

570.224. 1. A person commits the offense of trafficking in stolen identities if he or she, for the purpose of committing identity theft, manufactures, sells, transfers, or possesses with intent to sell or transfer means of identification.

2. Possession of five or more means of identification of the same person or possession of means of identification of five or more separate persons shall be evidence that the identities are possessed with intent to manufacture, sell, or transfer means of identification for the purpose of committing identity theft. In determining possession of five or more means of identification of the same person, or possession of means of identification of five or more separate persons for the purposes of evidence pursuant to this subsection, the following do not apply:

(1) The possession of his or her own identification documents;

(2) The possession of the identification documents of a person who has consented to the person at issue possessing his or her identification documents.

3. The offense of trafficking in stolen identities is a class B felony.

(L. 2004 H.B. 916, A.L. 2004 H.B. 959, A.L. 2014 S.B. 491)

Effective 1-01-17

Misappropriation of intellectualproperty--penalty--definitions.

570.225. 1. A person commits the offense of misappropriation of intellectual property if he or she, without the consent of the owner:

(1) Copies any sounds recorded on any medium now known or later developed on which sounds are recorded, with the purpose to sell or cause to be sold for profit or used to promote the sale of any article on which sounds are transferred, except that this section shall only apply to sound recordings initially fixed prior to February 15, 1972;

(2) Records sounds or images of any performance whether live before an audience or transmitted by wire or through the air by radio or television, with the intent to sell the performance or cause it to be sold for profit;

(3) Offers for sale, sells, or processes for such purposes any article that has been produced in violation of subdivision (1) or (2) of subsection 1 of this section, knowing, or having reasonable grounds to know, that the sounds or images thereon have been so copied or recorded without the consent of the owner; or

(4) Advertises, rents, sells, offers for rental or sale, or possesses for such purposes any medium now known or later developed on which sounds or images are recorded if the article's label, cover, box or jacket does not contain in clearly readable print the name and address of the manufacturer.

2. This section shall not apply to:

(1) Any radio or television broadcaster who transfers any such sounds as part of, or in connection with, a radio or television broadcast transmission or for archival preservation;

(2) Any person transferring any such sounds at home for his or her personal use without any compensation being derived by such person or any other person from such transfer; or

(3) Any cable television company that transfers any such sounds as part of its regular cable television service.

3. The offense of misappropriation of intellectual property is a class A misdemeanor unless:

(1) One hundred or more articles were involved; or

(2) A person is found guilty of violating this section, and that person has previously been found guilty of a violation of this section;

in which case it is a class D felony.

4. As used in this section, the following terms mean:

(1) "Audiovisual works", works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, electronic equipment or other devices, now known or later developed, together with accompanying sounds, if any;

(2) "Manufacturer", the person who transfers or causes to be transferred any sounds or images to the particular article, medium, recording or other physical embodiment of such sounds or images then in issue;

(3) "Motion pictures", audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any;

(4) "Owner", the person who owns the sounds of any performance not yet fixed in a medium of expression, or the original fixation of sounds embodied in the master device or medium now known or later developed for the use of reproducing sounds, or other articles or media upon which sound is or may be recorded, and from which the copied recorded sounds are directly or indirectly derived;

(5) "Person", any natural person, corporation or other business entity.

(L. 1977 S.B. 92 § 1, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491)

Effective 1-01-17

Facilitating the theft of cable televisionservice--penalty.

570.300. 1. A person commits the offense of facilitating the theft of cable television service if he or she knowingly sells, uses, manufactures, rents, or offers for sale, rental, or use any device, plan, or kit designed and intended to obtain cable television without paying all lawful compensation to the operator of such service.

2. The offense of facilitating theft of cable television service is a class D felony.

3. Nothing in this section shall be construed to render unlawful or prohibit an individual or other legal entity from owning or operating a video cassette recorder or devices commonly known as a satellite receiving dish for the purpose of receiving and utilizing satellite-relayed television signals for his or her own use.

(L. 1986 S.B. 450 § 18, A.L. 2002 H.B. 1888, A.L. 2005 H.B. 353, A.L. 2014 S.B. 491)

Effective 1-01-17

Operating an audiovisual recording devicein a motion picture theater--definitions--penalty.

570.302. 1. A person commits the offense of operating an audiovisual recording device in a motion picture theater if he or she, while a motion picture is being exhibited, knowingly operates an audiovisual recording function of a device in a motion picture theater without the consent of the owner or lessee of the motion picture theater.

2. As used in this section, the term "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.

3. As used in this section, the term "motion picture theater" means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense, but excluding the lobby, entrance, or other areas of the building where a motion picture cannot be viewed.

4. The provisions of this section shall not prevent any lawfully authorized investigative, law enforcement protective, or intelligence-gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any facility where a motion picture is being exhibited, as part of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities. The owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of such owner or lessee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken by such owner, lessee, agent, or employee in the course of subsequently detaining a person that the owner, lessee, agent, or employee in good faith believed to have violated this section while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures were unreasonable or the period of detention was unreasonably long.

5. The offense of operating an audiovisual recording device in a motion picture theater is a class A misdemeanor, unless the person has previously been found guilty of violating the provisions of this section, in which case it is a class E felony.

(L. 2005 H.B. 353, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.500; Effective 1-01-17

Mortgage fraud--penalty--venue.

570.310. 1. A person commits the offense of mortgage fraud if he or she, in connection with the application for or procurement of a loan secured by real estate, willfully:

(1) Employs a device, scheme, or artifice to defraud;

(2) Makes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading;

(3) Receives any portion of the purchase, sale, or loan proceeds, or any other consideration paid or generated in connection with a real estate closing that such person knew involved a violation of this section; or

(4) Influences, through extortion or bribery, the development, reporting, result, or review of a real estate appraisal, except that this subsection does not prohibit a mortgage lender, mortgage broker, mortgage banker, real estate licensee, or other person from asking the appraiser to do one or more of the following:

(a) Consider additional property information;

(b) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or

(c) Correct errors in the appraisal report in compliance with the Uniform Standards of Professional Appraisal Practice.

2. The offense of mortgage fraud is a class D felony.

3. Each transaction in violation of this section shall constitute a separate offense.

4. Venue over any dispute relating to mortgage fraud or a conspiracy or endeavor to engage in or participate in a pattern of mortgage fraud shall be:

(1) In the county in which the real estate is located;

(2) In the county in which any act was performed in furtherance of mortgage fraud;

(3) In any county in which any person alleged to have violated this section had control or possession of any proceeds from mortgage fraud;

(4) In any county in which a related real estate closing occurred; or

(5) In any county in which any document related to a mortgage fraud is filed with the recorder of deeds.

5. The punishment imposed under this section shall be in addition to any punishment provided by law for the offense.

(L. 2008 H.B. 2188, A.L. 2014 S.B. 491)

Effective 1-01-17

Misuse of military medals,penalty--misrepresentation of awarding of military medals,penalty--fraudulent use of the title of veteran, penalty.

570.350. 1. This section shall be known and may be cited as the "Stolen Valor Act of 2007".

2. Any person who, with the intent to misrepresent himself or herself as a veteran or medal recipient, knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized under chapter 41, or by the Congress for the Armed Forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation thereof, except when authorized under regulations promulgated under law, is guilty of a class A misdemeanor. Any second or subsequent violation of this subsection is a class E felony.

3. Any person who misrepresents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized under chapter 41, or by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item is guilty of a class A misdemeanor. Any second or subsequent violation of this subsection is a class E felony.

4. Any person who fraudulently uses the title of "veteran", as defined by the United States Department of Veterans Affairs or its successor agency, in order to obtain personal benefit, monetary or otherwise, and such person does not have verifiable proof of his or her status as a veteran is guilty of a class A misdemeanor. Any second or subsequent violation of this subsection is a class E felony.

5. If a decoration or medal involved in an offense described in subsections 2 to 4 of this section is a distinguished-service cross awarded under Section 3742 of Title 10 of the United States Code, a Navy Cross awarded under Section 6242 of Title 10 of the United States Code, an Air Force Cross awarded under Section 8742 of Section 10 of the United States Code, a Silver Star awarded under Section 3742, 6244, or 8746 of Title 10 of the United States Code, a Purple Heart awarded under Section 1129 of Title 10 of the United States Code, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the penalty provided in subsection 2, 3, or 4 of this section, the offender is guilty of a class E felony.

6. If a decoration or medal involved in an offense described in subsections 2 to 4 of this section is the Medal of Honor awarded under Section 1560 of Title 38 of the United States Code, the offender is guilty of a class D felony.

(L. 2007 H.B. 654 & 938, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.510; Effective 1-01-17

Fraud or deception in obtaining aninstruction permit, driver's license, or nondriver'slicense--penalty.

570.375. 1. A person commits the offense of fraud or deception in obtaining an instruction permit, driver's license, or nondriver's license if he or she:

(1) Knowingly or in reckless disregard of the truth, assists any person in committing fraud or deception during the examination process for an instruction permit, driver's license, or nondriver's license;

(2) Knowingly or in reckless disregard of the truth, assists any person in applying for an instruction permit, driver's license, or nondriver's license that contains or is substantiated with false or fraudulent information or documentation;

(3) Knowingly or in reckless disregard of the truth, assists any person in concealing a material fact or otherwise committing a fraud in an application for an instruction permit, driver's license, or nondriver's license; or

(4) Engages in any conspiracy to commit any of the preceding acts or aids or abets the commission of any of the preceding acts.

2. The offense of fraud or deception in obtaining an instruction permit, driver's license, or nondriver's license is a class A misdemeanor.

(L. 2008 H.B. 1549, et al., A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.570; Effective 1-01-17

Mass manufacture or possession of five ormore fake IDs--penalty.

570.380. 1. A person commits the offense of mass manufacture or possession of fake IDs if he or she manufactures or possesses five or more fictitious or forged means of identification, as defined in section 570.010, with the intent to distribute to others for the purpose of committing an offense.

2. The offense of mass manufacture or possession of fake IDs is a class D felony.

(L. 2008 H.B. 1384 and H.B. 2157, A.L. 2014 S.B. 491)

Effective 1-01-17

Unlawful receipt of public assistancebenefits or EBT cards--penalties.

570.400. 1. A person commits the offense of unlawfully receiving public assistance benefits or EBT cards if he or she knowingly receives or uses the proceeds of public assistance benefits or EBT cards to which he or she is not lawfully entitled or for which he or she has not applied and been approved by the department to receive.

2. The offense of unlawfully receiving public assistance benefits or EBT cards is a class A misdemeanor, unless the face value of the public assistance benefits or EBT cards is seven hundred fifty dollars or more or the person is found guilty of a second offense of unlawfully receiving public assistance benefits or EBT cards in an amount less than seven hundred fifty dollars, in which case it is a class E felony. Any person who is found guilty of a second or subsequent offense of felony unlawfully receiving public assistance benefits or EBT cards, or any person who is found guilty of an offense under this section and has previously been found guilty of two violations under sections 570.400 to 570.410, shall be guilty of a class D felony. Any person who is found guilty of felony unlawfully receiving of public assistance benefits or EBT cards shall serve not less than one hundred twenty days in the department of corrections unless such person pays full restitution to the state of Missouri within thirty days of the date of execution of sentence.

3. In addition to any criminal penalty, any person found guilty of unlawfully receiving public assistance benefits or EBT cards shall pay full restitution to the state of Missouri for the total amount of moneys converted. No person placed on probation for the offense shall be released from probation until full restitution has been paid.

(L. 1987 S.B. 259 § 2, A.L. 2002 H.B. 1888, A.L. 2013 S.B. 251, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.377; Effective 1-01-17

Conversion of public assistance benefits orEBT cards--penalties.

570.402. 1. A person commits the offense of conversion of public assistance benefits or EBT cards if he or she knowingly engages in any transaction to convert public assistance benefits or EBT cards to other property contrary to statutes, rules and regulations, either state or federal, governing the use of public assistance benefits.

2. The offense of unlawful conversion of public assistance benefits or EBT cards is a class A misdemeanor, unless the face value of the public assistance benefits or EBT cards is seven hundred fifty dollars or more or the person is found guilty of a second offense of unlawful conversion of public assistance benefits or EBT cards in an amount less than seven hundred fifty dollars, in which case it is a class E felony. Any person who is found guilty of a second or subsequent offense of felony unlawful conversion of public assistance benefits or EBT cards, or any person who is found guilty of an offense under this section and has previously been found guilty of two or more violations under sections 570.400 to 570.410, shall be guilty of a class D felony. Any person who is found guilty of felony unlawful conversion of public assistance benefits or EBT cards shall serve not less than one hundred twenty days in the department of corrections unless such person pays full restitution to the state of Missouri within thirty days of the date of execution of sentence.

3. In addition to any criminal penalty, any person found guilty of unlawful conversion of public assistance benefits or EBT cards shall pay full restitution to the state of Missouri for the total amount of moneys converted. No person placed on probation for the offense shall be released from probation until full restitution has been paid.

(L. 1987 S.B. 259 § 3, A.L. 2002 H.B. 1888, A.L. 2013 S.B. 251, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.379; Effective 1-01-17

Unlawful transfer of public assistancebenefits or EBT cards--penalties.

570.404. 1. A person commits the offense of unlawful transfer of public assistance benefits or EBT cards if he or she knowingly transfers public assistance benefits or EBT cards to another not lawfully entitled or approved by the department of social services to receive the public assistance benefits or EBT cards.

2. The offense of unlawful transfer of public assistance benefits or EBT cards is a class A misdemeanor, unless the face value of the public assistance benefits or EBT cards is seven hundred fifty dollars or more or the person is found guilty of a second offense of unlawful transfer of public assistance benefits or EBT cards in an amount less than seven hundred fifty dollars, in which case it is a class E felony. Any person who is found guilty of a second or subsequent offense of felony unlawful transfer of public assistance benefits, or any person who is found guilty of an offense under this section and has been found guilty of two or more violations under sections 570.400 to 570.410, shall be guilty of a class D felony. Any person who is found guilty of felony unlawful transfer of public assistance benefits or EBT cards shall serve not less than one hundred twenty days in the department of corrections unless such person pays full restitution to the state of Missouri within thirty days of the date of execution of sentence.

3. In addition to any criminal penalty, any person found guilty of unlawful transfer of public assistance benefits or EBT cards shall pay full restitution to the state of Missouri for the total amount of moneys converted. No person placed on probation for the offense shall be released from probation until full restitution has been paid.

(L. 1987 S.B. 259 § 4, A.L. 2002 H.B. 1888, A.L. 2013 H.B. 175 merged with H.B. 1035 merged with S.B. 248, A.L. 2013 S.B. 251, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.381; Effective 1-01-17

Single criminal episode, when.

570.406. The face value of public assistance benefits or EBT cards stolen, possessed, transferred or converted from one scheme or course of conduct, whether from one or several rightful possessors, or at the same or different times shall constitute a single criminal episode and their face values may be aggregated in determining the grade of offense.

(L. 1987 S.B. 259 § 5, A.L. 2013 S.B. 251, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.383; Effective 1-01-17

Perjury for the purpose of obtaining publicassistance--penalty.

570.408. 1. A person commits the offense of perjury for the purpose of obtaining public assistance if he or she knowingly makes a false or misleading statement or misrepresents a fact material for the purpose of obtaining public assistance if the false or misleading statement is reduced to writing and verified by the signature of the person making the statement and by the signature of any employee of the Missouri department of social services. The same person may not be charged with unlawfully receiving public assistance benefits and perjury pursuant to this section when both offenses arise from the same application for benefits.

2. A statement or fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect or did substantially affect the granting of public assistance.

3. Knowledge of the materiality of the statement or fact is not an element of this offense, and it is no defense that:

(1) The person mistakenly believed the fact to be immaterial; or

(2) The person was not competent, for reasons other than mental disability, to make the statement.

4. The offense of perjury for the purpose of obtaining public assistance is a class A misdemeanor, unless the value of the public assistance unlawfully obtained or unlawfully attempted to be obtained is seven hundred fifty dollars or more, in which case it is a class E felony, or the person has previously been found guilty of two violations under sections 570.400 to 570.410, in which case it is a class D felony.

(L. 1987 S.B. 259 § 6, A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.385; Effective 1-01-17

Director of department of social services,attorney general--investigative powers--improper disclosure ofinformation, penalty.

570.410. 1. For the purpose of any investigation or proceeding relating to public assistance unlawfully received or an application for public assistance unlawfully tendered, the director of the department of social services or any officer designated by him or her or the attorney general for the state of Missouri or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take testimony, require answers to written interrogatories and require production of any books, papers, correspondence, memoranda, agreements or other documents or records which the director of the department or the attorney general deem relevant and material to the inquiry.

2. In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the circuit court of any county of the state or the City of St. Louis, upon application by the department director or the attorney general may issue to the person an order requiring him or her to appear before the department director or the officer designated by him or her, or the attorney general or the officer designated by him or her, there to produce documentary evidence if so ordered or to give testimony or answer interrogatories touching the matter under investigation or in question in accordance with the forms and procedures otherwise authorized by the Rules of Civil Procedure. Failure to obey the order of the court may be punished by the court as a contempt of court.

3. Information or documents obtained under this section by the director of the department or the attorney general shall not be disclosed except in the course of civil or criminal litigation or to another prosecutorial or investigative agency, or to the divisions of the department.

4. The offense of improper disclosure under this section is a class A misdemeanor.

5. The provisions of this section do not repeal existing provisions of law and shall be construed as supplementary thereto.

(L. 1987 S.B. 259 § 7, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.387; Effective 1-01-17


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