Missouri Revised Statutes

Chapter 569
Robbery, Arson, Burglary and Related Offenses

August 28, 2013




Chapter definitions.

569.010. As used in this chapter the following terms mean:

(1) "Forcibly steals", a person "forcibly steals", and thereby commits robbery, when, in the course of stealing, as defined in section 570.030, he 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;

(2) "Inhabitable structure" includes a ship, trailer, sleeping car, airplane, or other vehicle or structure:

(a) Where any person lives or carries on business or other calling; or

(b) Where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or

(c) Which is used for overnight accommodation of persons. Any such vehicle or structure is "inhabitable" regardless of whether a person is actually present;

(3) "Of another", property is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein;

(4) If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an "inhabitable structure of another";

(5) "Vital public facility" includes a facility maintained for use as a bridge, whether over land or water, dam, reservoir, tunnel, communication installation or power station;

(6) "Utility", an enterprise which provides gas, electric, steam, water, sewerage disposal or communication services and any common carrier. It may be either publicly or privately owned or operated;

(7) "To tamper", to interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing;

(8) "Enter unlawfully or remain unlawfully", a person "enters unlawfully or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his purpose, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or by other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.

(L. 1977 S.B. 60)

Effective 1-1-79



Robbery in the first degree.

569.020. 1. A person commits the crime of robbery in the first degree when he forcibly steals property and in the course thereof he, or another participant in the crime,

(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.

2. Robbery in the first degree is a class A felony.

(L. 1977 S.B. 60)

Effective 1-1-79



Pharmacy robbery in the first degree, definitions, penalty.

569.025. 1. A person commits the crime of pharmacy robbery in the first degree when he forcibly steals any controlled substance from a pharmacy and in the course thereof he, or another participant in the crime:

(1) Causes serious physical injury to any person;

(2) Is armed with a deadly weapon;

(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.

2. For purposes of this section the following terms mean:

(1) "Controlled substance", a drug, substance or immediate precursor in schedules I through V as defined in sections 195.005 to 195.425;

(2) "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 by sections 195.005 to 195.425.

3. Pharmacy robbery in the first degree is a class A felony, but, notwithstanding any other provision of law, a person convicted pursuant to this section shall not be eligible for suspended execution of sentence, parole or conditional release until having served a minimum of ten years of imprisonment.

(L. 1986 S.B. 450, A.L. 1989 S.B. 215 & 58)



Robbery in the second degree.

569.030. 1. A person commits the crime of robbery in the second degree when he forcibly steals property.

2. Robbery in the second degree is a class B felony.

(L. 1977 S.B. 60)

Effective 1-1-79



Pharmacy robbery in the second degree, definitions, penalty.

569.035. 1. A person commits the crime of pharmacy robbery in the second degree when he forcibly steals any controlled substance from a pharmacy.

2. For purposes of this section the following terms mean:

(1) "Controlled substance", a drug, substance or immediate precursor in schedules I through V as defined in sections 195.005 to 195.425;

(2) "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 by sections 195.005 to 195.425.

3. Pharmacy robbery in the second degree is a class B felony, but, notwithstanding any other provision of law, a person convicted pursuant to this section shall not be eligible for suspended execution of sentence, parole or conditional release until having served a minimum of five years of imprisonment.

(L. 1986 S.B. 450, A.L. 1989 S.B. 215 & 58)



Arson in the first degree.

569.040. 1. A person commits the crime of arson in the first degree when he or she:

(1) Knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity thereto, by starting a fire or causing an explosion and thereby recklessly places such person in danger of death or serious physical injury; or

(2) By starting a fire or explosion, damages a building or inhabitable structure in an attempt to produce methamphetamine.

2. Arson in the first degree is a class B felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion set by the defendant or as a result of a fire or explosion started in an attempt by the defendant to produce methamphetamine, in which case arson in the first degree is a class A felony.

(L. 1977 S.B. 60, A.L. 1987 H.B. 57, A.L. 2005 H.B. 353)



Arson in the second degree.

569.050. 1. A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.

2. A person does not commit a crime under this section if:

(1) No person other than himself has a possessory, proprietary or security interest in the damaged building, or if other persons have those interests, all of them consented to his conduct; and

(2) His sole purpose was to destroy or damage the building for a lawful and proper purpose.

3. The defendant shall have the burden of injecting the issue under subsection 2 of this section.

4. Arson in the second degree is a class C felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion set by the defendant in which case arson in the second degree is a class B felony.

(L. 1977 S.B. 60, A.L. 1987 H.B. 57)



Knowingly burning or exploding.

569.055. 1. A person commits the crime of knowingly burning or exploding when he knowingly damages property of another by starting a fire or causing an explosion.

2. Knowingly burning or exploding is a class D felony.

(L. 1977 S.B. 60)

Effective 1-1-79



Reckless burning or exploding.

569.060. 1. A person commits the crime of reckless burning or exploding when he knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.

2. Reckless burning or exploding is a class A misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79



Negligent burning or exploding.

569.065. 1. A person commits the crime of negligent burning or exploding when he with criminal negligence causes damage to property of another by fire or explosion.

2. Negligent burning or exploding is a class B misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79



Fire, negligence in setting or allowing to escape on cropland, grassland, marsh, prairie, woodland.

569.067. 1. A person commits the crime of negligently setting fire to a woodland, cropland, grassland, prairie or marsh when he with criminal negligence causes damage to a woodland, cropland, grassland, prairie or marsh of another by starting a fire.

2. A person commits the crime of negligently allowing a fire to escape when he with criminal negligence allows a fire burning on lands in his possession or control to escape onto property of another.

3. Negligently setting fire to a woodland, cropland, grassland, prairie or marsh or negligently allowing a fire to escape is a class B misdemeanor.

(L. 1981 H.B. 308 1)



Causing catastrophe.

569.070. 1. A person commits the crime of causing catastrophe if he knowingly causes a catastrophe by explosion, fire, flood, collapse of a building, release of poison, radioactive material, bacteria, virus or other dangerous and difficult to confine force or substance.

2. "Catastrophe" means death or serious physical injury to ten or more people or substantial damage to five or more buildings or inhabitable structures or substantial damage to a vital public facility which seriously impairs its usefulness or operation.

3. Causing catastrophe is a class A felony.

(L. 1977 S.B. 60)

Effective 1-1-79



Water contamination, penalty.

569.072. 1. A person commits the crime of criminal water contamination if such person knowingly introduces any dangerous radiological, chemical or biological agent or substance into any public or private waters of the state or any water supply with the purpose of causing death or serious physical injury to another person.

2. Criminal water contamination is a class B felony.

(L. 2002 S.B. 712)



Tampering in the first degree.

569.080. 1. A person commits the crime of tampering in the first degree if:

(1) He or she for the purpose of causing a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, damages or tampers with property or facilities of such a utility or institution, and thereby causes substantial interruption or impairment of service; or

(2) He or she knowingly receives, possesses, sells, alters, defaces, destroys or unlawfully operates an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner thereof.

2. Tampering in the first degree is a class C felony.

3. Upon a finding by the court that the probative value outweighs the prejudicial effect, evidence of the following is admissible in any criminal prosecution of a person under subdivision (2) of subsection 1 of this section to prove the requisite knowledge or belief:

(1) That he or she received, possessed, sold, altered, defaced, destroyed, or operated an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle unlawfully on a separate occasion;

(2) That he or she acquired the automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle for a consideration which he or she knew was far below its reasonable value.

(L. 1977 S.B. 60, A.L. 1982 H.B. 1454, et al., A.L. 2005 H.B. 353)



Tampering in the second degree.

569.090. 1. A person commits the crime 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 D felony;

(2) The defendant has a prior conviction or has had a prior finding of guilt pursuant to paragraph (a) of subdivision (3) of subsection 3 of section 570.030, section 570.080, or subdivision (2) of subsection 1 of this section, in which case it is a class C felony.

(L. 1977 S.B. 60, A.L. 1982 H.B. 1454, et al., A.L. 1986 S.B. 672, A.L. 2005 H.B. 353)



Computer printouts used as evidence, when.

569.094. In a prosecution under sections 569.095 to 569.099, computer printouts shall be competent evidence of any computer software, program, or data contained in or taken from a computer, computer system, or computer network.

(L. 1987 H.B. 208 2)



Tampering with computer data, penalties.

569.095. 1. A person commits the crime of tampering with computer data if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization:

(1) Modifies or destroys data or programs residing or existing internal to a computer, computer system, or computer network; or

(2) Modifies or destroys data or programs or supporting documentation residing or existing external to a computer, computer system, or computer network; or

(3) Discloses or takes data, programs, or supporting documentation, residing or existing internal or external to a computer, computer system, or computer network; or

(4) Discloses or takes a password, identifying code, personal identification number, or other confidential information about a computer system or network that is intended to or does control access to the computer system or network;

(5) Accesses a computer, a computer system, or a computer network, and intentionally examines information about another person;

(6) Receives, retains, uses, or discloses any data he knows or believes was obtained in violation of this subsection.

2. Tampering with computer data is a class A misdemeanor, unless the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value of which is five hundred dollars or more, in which case tampering with computer data is a class D felony.

(L. 1982 H.B. 1454, et al. 2, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888)

CROSS REFERENCES:

Civil action for tampering with computer data, expenses, attorney fees, 537.525

Definitions for criminal statutes for computer crimes unless context requires a different definition, 556.063



Tampering with computer equipment, penalties.

569.097. 1. A person commits the crime of tampering with computer equipment if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization:

(1) Modifies, destroys, damages, or takes equipment or data storage devices used or intended to be used in a computer, computer system, or computer network; or

(2) Modifies, destroys, damages, or takes any computer, computer system, or computer network.

2. Tampering with computer equipment is a class A misdemeanor, unless:

(1) The offense is committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which is five hundred dollars or more, in which case it is a class D felony; or

(2) The damage to such computer equipment or to the computer, computer system, or computer network is five hundred dollars or more but less than one thousand dollars, in which case it is a class D felony; or

(3) The damage to such computer equipment or to the computer, computer system, or computer network is one thousand dollars or greater, in which case it is a class C felony.

(L. 1982 H.B. 1454, et al. 3, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888)

CROSS REFERENCES:

Civil action for tampering with computer equipment, expenses and attorney fees, 537.525

Definitions for criminal statutes for computer crimes unless context requires a different definition, 556.063



Tampering with computer users, penalties.

569.099. 1. A person commits the crime of tampering with computer users if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization:

(1) Accesses or causes to be accessed any computer, computer system, or computer network; or

(2) Denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or in part, is owned by, under contract to, or operated for, or on behalf of, or in conjunction with another.

2. The offense of tampering with computer users is a class A misdemeanor unless the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value of which is five hundred dollars or more, in which case tampering with computer users is a class D felony.

(L. 1982 H.B. 1454, et al. 4, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888)

CROSS REFERENCES:

Civil action for tampering with computer users, expenses and attorney fees, 537.525

Definitions for criminal statutes for computer crimes unless context requires a different definition, 556.063



Property damage in the first degree.

569.100. 1. A person commits the crime of property damage in the first degree if such person:

(1) Knowingly damages property of another to an extent exceeding seven hundred * fifty dollars; or

(2) Damages property to an extent exceeding one thousand dollars for the purpose of defrauding an insurer; or

(3) Knowingly damages a motor vehicle of another and the damage occurs while such person is making entry into the motor vehicle for the purpose of committing the crime of stealing therein or the damage occurs while such person is committing the crime of stealing within the motor vehicle.

2. Property damage in the first degree committed under subdivision (1) or (2) of subsection 1 of this section is a class D felony. Property damage in the first degree committed under subdivision (3) of subsection 1 of this section is a class C felony unless committed as a second or subsequent violation of subdivision (3) of subsection 1 of this section in which case it is a class B felony.

(L. 1977 S.B. 60, A.L. 1986 S.B. 450, A.L. 2012 S.B. 628)

*Word "and" appears here in original rolls.



Property damage in the second degree.

569.120. 1. A person commits the crime of property damage in the second degree if:

(1) He knowingly damages property of another; or

(2) He damages property for the purpose of defrauding an insurer.

2. Property damage in the second degree is a class B misdemeanor.

(L. 1977 S.B. 60, A.L. 1986 S.B. 450)

Effective 3-17-86



Claim of right.

569.130. 1. A person does not commit an offense by damaging, tampering with, operating, riding in or upon, or making connection with property of another if he does so under a claim of right and has reasonable grounds to believe he has such a right.

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

(L. 1977 S.B. 60)

Effective 1-1-79



Trespass in the first degree.

569.140. 1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

2. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner reasonably likely to come to the attention of intruders.

3. Trespass in the first degree is a class B misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79

CROSS REFERENCES:

Streams and rivers, no civil liability for adjoining landowners, when, 258.200

(1984) Differentiates "burglary in the second degree" from trespass in the first degree. (Mo.App.) State v. Butler, 665 S.W.2d 41.



Posting of property against trespassers, purple paint used to mark streets and posts, requirements--entry on posted property is trespassing in first degree, penalty.

569.145. In addition to the posting of real property as set forth in section 569.140, the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:

(1) A vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such marks shall be placed no more than one hundred feet apart and shall be readily visible to any person approaching the property; or

(2) A post capped or otherwise marked on at least its top two inches. The bottom of the cap or mark shall be not less than three feet but not more than five feet six inches high. Posts so marked shall be placed not more than thirty-six feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.

Property so posted is to be considered posted for all purposes, and any unauthorized entry upon the property is trespass in the first degree, and a class B misdemeanor.

(L. 1993 S.B. 84, A.L. 2009 S.B. 398)



Trespass in the second degree.

569.150. 1. A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

2. Trespass in the second degree is an infraction.

(L. 1977 S.B. 60)

Effective 1-1-79

CROSS REFERENCE:

Streams and rivers, no civil liability for adjoining landowners, when, 258.200



Trespass of a school bus, penalty--schools to establish student behavior policy, when.

569.155. 1. A person commits the crime of trespass of a school bus if he knowingly and unlawfully enters any part of or unlawfully operates any school bus.

2. Trespass of a school bus is a class A misdemeanor.

3. For the purposes of this section, the terms "unlawfully enters" and "unlawfully operates" refer to any entry or operation of a school bus which is not:

(1) Approved of and established in a school district's written policy on access to school buses; or

(2) Authorized by specific written approval of the school board.

4. In order to preserve the public order, any district which adopts the policies described in subsection 3 of this section shall establish and enforce a student behavior policy for students on school buses.

(L. 2000 S.B. 944)



Burglary in the first degree.

569.160. 1. A person commits the crime of burglary in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein, and when in effecting entry or while in the building or inhabitable structure or in immediate flight therefrom, he or another participant in the crime:

(1) Is armed with explosives or a deadly weapon or;

(2) Causes or threatens immediate physical injury to any person who is not a participant in the crime; or

(3) There is present in the structure another person who is not a participant in the crime.

2. Burglary in the first degree is a class B felony.

(L. 1977 S.B. 60)

Effective 1-1-79



Burglary in the second degree.

569.170. 1. A person commits the crime of burglary in the second degree when he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein.

2. Burglary in the second degree is a class C felony.

(L. 1977 S.B. 60)

Effective 1-1-79



Possession of burglar's tools.

569.180. 1. A person commits the crime of possession of burglar's tools if he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using the same in making an unlawful forcible entry into a building or inhabitable structure or a room thereof.

2. Possession of burglar's tools is a class D felony.

(L. 1977 S.B. 60)

Effective 1-1-79

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