Missouri Revised Statutes

Transcription

1 Page 1 of 29 Missouri Revised Statutes Chapter 570 Stealing and Related Offenses August 28, 2009 Chapter definitions As used in this chapter: (1) "Adulterated" means 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" means to take, obtain, use, transfer, conceal or retain possession of; (3) "Coercion" means a threat, however communicated: (a) To commit any crime; or (b) To inflict physical injury in the future on the person threatened or another; or (c) To accuse any person of any crime; or (d) To expose any person to hatred, contempt or ridicule; or (e) To harm the credit or business repute 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 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; (4) "Credit device" means a writing, number or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer; (5) "Dealer" means a person in the business of buying and selling goods; (6) "Debit device" means a 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; (7) "Deceit" means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term

2 Page 2 of 29 "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; (8) "Deprive" means: (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; (9) "Mislabeled" means 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; (10) "New and unused property" means tangible personal property that has never been used since its production or manufacture and is in its original unopened package or container if such property was packaged; (11) "Of another" property or services 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, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement; (12) "Property" means 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; (13) "Receiving" means acquiring possession, control or title or lending on the security of the property; (14) "Services" includes transportation, telephone, electricity, gas, water, or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles; (15) "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 S.B. 60, A.L H.B. 165, A.L S.B. 450, A.L S.B. 328, et al., A.L H.B. 1888) Determination of value 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, as defined in section , RSMo, 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:

3 Page 3 of 29 (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 five hundred dollars. (L S.B. 60, A.L H.B merged with H.B. 2120) Stealing--penalties A person commits the crime of stealing if he or she appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion. 2. Evidence of the following is admissible in any criminal prosecution pursuant to this section on the issue of the requisite knowledge or belief of the alleged stealer: (1) That he or she failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse; (2) That he or she gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused; (3) That he or she left the hotel, restaurant, inn or boardinghouse with the intent to not pay for property or services; (4) That he or she surreptitiously removed or attempted to remove his or her baggage from a hotel, inn or boardinghouse; (5) That he or she, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt, price tag, or universal price code label, or possesses with intent to cheat or defraud, the device that manufactures fraudulent receipts or universal price code labels. 3. Notwithstanding any other provision of law, any offense in which the value of property or services is an element is a class C felony if: (1) The value of the property or services appropriated is five hundred dollars or more but less than twenty-five thousand dollars; or (2) The actor 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; or (b) Any will or unrecorded deed affecting real property; or (c) Any credit card or letter of credit; or (d) Any firearms; or

4 Page 4 of 29 (e) Any explosive weapon as defined in section , RSMo; or (f) A United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open; or (g) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri; or (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; or (i) Any book of registration or list of voters required by chapter 115, RSMo; or (j) Any animal considered livestock as that term is defined in section , RSMo; or (k) Live fish raised for commercial sale with a value of seventy-five dollars; or (l) Captive wildlife held under permit issued by the conservation commission; or (m) Any controlled substance as defined by section , RSMo; or (n) Anhydrous ammonia; (o) Ammonium nitrate; or (p) Any document of historical significance which has fair market value of five hundred dollars or more. 4. If an actor appropriates any material with a value less than five hundred dollars in violation of this section with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues, then such violation is a class C felony. The theft of any amount of anhydrous ammonia or liquid nitrogen, or any attempt to steal any amount of anhydrous ammonia or liquid nitrogen, is a class B felony. The theft of any amount of anhydrous ammonia by appropriation of a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank or field applicator is a class A felony. 5. The theft of any item of property or services pursuant to subsection 3 of this section which exceeds five hundred dollars may be considered a separate felony and may be charged in separate counts. 6. Any person with a prior conviction of paragraph* (j) or (l) of subdivision (3) of subsection 3 of this section and who violates the provisions of paragraph* (j) or (l) of subdivision (3) of subsection 3 of this section when the value of the animal or animals stolen exceeds three thousand dollars is guilty of a class B felony. 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. 7. Any offense in which the value of property or services is an element is a class B felony if the value of the property or services equals or exceeds twenty-five thousand dollars. 8. Any violation of this section for which no other penalty is specified in this section is a class A misdemeanor. (L S.B. 60, A.L S.B. 202, A.L H.B. 333 & 64, A.L S.B. 657, A.L H.B. 635, A.L H.B. 1147, et al., A.L H.B. 471 merged with S.B. 89 & 37, A.L H.B merged with S.B. 712, A.L S.B. 5, A.L S.B. 1211, A.L H.B. 353, A.L H.B. 62) *Word "paragraphs" appears in original rolls. CROSS REFERENCE:

5 Page 5 of 29 Child support, retention of erroneously paid support to be crime of stealing, when, RSMo Stealing animals, penalty Any person who, without lawful authority, willfully takes another's animal with the intent to deprive him of his property is guilty of a class D felony. (L H.B ) Stealing, third offense Every person who has previously pled guilty to or 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 and who subsequently pleads guilty or is found guilty of a stealing-related offense is guilty of a class D felony, unless the subsequent plea or guilty verdict is pursuant to paragraph (a) of subdivision (3) of subsection 3 of section , in which case the person shall be guilty of a class B felony, and shall be punished accordingly. 2. As used in this section, the term "stealing-related offense" shall include federal and state violations of criminal statutes against stealing, robbery, or buying or receiving stolen property and shall also include municipal ordinances against same if the defendant 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. 3. Evidence of prior guilty pleas or findings of guilt shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior guilty pleas or findings of guilt. (L S.B. 60, A.L H.B. 424, A.L H.B. 1888, A.L S.B. 5, A.L H.B. 353, A.L H.B. 62) Aggregation of amounts involved in stealing Amounts stolen pursuant to one scheme or course of conduct, whether from the same or several owners and whether at the same or different times, constitute a single criminal episode and may be aggregated in determining the grade of the offense. (L S.B. 60) Effective Wire, device, or pipe associated with conducting electricity or transporting combustible fuel-- possession of prohibited, when--penalty Any person who steals or appropriates, without consent of the owner, any wire, electrical transformer, metallic wire associated with transmitting telecommunications, or any other device or pipe that is associated with conducting electricity or transporting natural gas or other combustible fuels shall be guilty of a class C felony. (L S.B & 802)

6 Page 6 of 29 Lost property A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of section 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 S.B. 60) Effective Claim of right A person does not commit an offense under section if, at the time of the appropriation, he (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 S.B. 60) Effective Receiving stolen property A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he or she receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. 2. Evidence of the following is admissible in any criminal prosecution pursuant to this section to prove the requisite knowledge or belief of the alleged receiver: (1) That he or she was found in possession or control of other property stolen on separate occasions from two or more persons; (2) That he or she received other stolen property in another transaction within the year preceding the transaction charged; (3) That he or she acquired the stolen property for a consideration which he or she knew was far below its reasonable value; (4) That he or she obtained control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe the property was stolen. 3. Receiving stolen property is a class A misdemeanor unless the property involved has a value of five hundred dollars or more, or the person receiving the property is a dealer in goods of the type in question, or the property involved is an explosive weapon as that term is defined in section , RSMo, in which cases receiving

7 Page 7 of 29 stolen property is a class C felony. (L S.B. 60, A.L H.B. 1888, A.L H.B. 353, A.L H.B. 62) Alteration or removal of item numbers with intent to deprive lawful owner A person commits the crime of alteration or removal of item numbers if he, 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. Alteration or removal of item numbers is a class D felony if the value of the item or items in the aggregate is five hundred dollars or more. If the value of the item or items in the aggregate is less than five hundred dollars, then it is a class B misdemeanor. (L H.B. 1454, et al., A.L H.B. 1888) Stealing, civil liability--parent or guardian civilly liable for minor's stealing--conversion of shopping carts, penalty As used in this section, the following terms mean: (1) "Actual damages", the full retail value of any merchandise which is taken or which has its price altered in a manner described in subsection 2 of this section, plus any proven incidental costs to the owner of the merchandise not to exceed one hundred dollars; (2) "Mercantile establishment", any place where merchandise is displayed, held or offered for sale either at retail or at wholesale; (3) "Merchandise", all things movable and capable of manual delivery and offered for sale either at retail or wholesale; (4) "Unemancipated minor", an individual under the age of eighteen years whose parents or guardian have not surrendered the right to the care, custody and earnings of such individual, and are under a duty to support or maintain such individual. 2. An adult or a minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not

8 Page 8 of 29 less than one hundred dollars nor more than two hundred fifty dollars and all court costs and reasonable attorney fees. 3. The parents or guardian having physical custody of an unemancipated minor, who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages, provided that a parent or guardian shall not be liable if they have not had physical custody for a period in excess of one year. 4. Notwithstanding the provisions of subsections 2 and 3 of this section, any person who, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars and all court costs and reasonable attorney fees. 5. A conviction under section or shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section. 6. No owner or agent or employee of the owner may attempt to gain an advantage in a civil action by threatening to initiate a criminal prosecution pertaining to the same incident. (L H.B. 948) Forgery A person commits the crime 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 actor knows has been made or altered in the manner described in this section. 2. Forgery is a class C felony. (L S.B. 60, A.L H.B. 1888) Possession of a forging instrumentality A person commits the crime of possession of a forging instrumentality if, with the purpose of committing forgery, he 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. Possession of a forging instrumentality is a class C felony.

9 Page 9 of 29 (L S.B. 60) Effective Crime of counterfeiting, definitions--penalty As used in this section and section , 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. Any person who willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute any item, or services, bearing or identified by a counterfeit mark, shall be guilty of the crime of counterfeiting. A person having possession, custody or control of more than twenty-five items bearing a counterfeit mark shall be presumed to possess said items with intent to sell or distribute. 3. Counterfeiting shall be a class A misdemeanor, except as provided in subsections 4 and 5 of this section. 4. Counterfeiting shall be a class D 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 more than one thousand dollars, but less than ten thousand dollars. 5. Counterfeiting shall be a class C 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 more than ten thousand dollars. 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. Any person convicted of counterfeiting shall be fined an amount up to three times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant. 8. The remedies provided for herein shall be cumulative to the other civil remedies provided by law.

10 Page 10 of Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein. (L H.B. 1779) Seizure and forfeiture of counterfeit property 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 or this section shall be seized by any law enforcement officer. All seized personal property shall be forfeited in accordance with section , RSMo, 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 H.B. 1779) Issuing a false instrument or certificate A person commits the crime 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 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. Issuing a false instrument or certificate is a class A misdemeanor. (L S.B. 60) Effective (1996) "Issue" means to deliver from authority and does not require public distribution or circulation. State v. Moriarty, 914 S.W.2d 416 (Mo.App.W.D.). Crime of passing bad checks, penalty--actual notice given, when--administrative handling costs, amount, deposit in fund--use of fund--additional costs, amount--payroll checks, action, when--service charge may be collected--return of bad check to depositor by financial institution must be on condition that issuer is identifiable A person commits the crime of passing a bad check when: (1) With purpose to defraud, the person 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) The person makes, issues, or passes a check or other similar sight order or any other form of presentment

11 Page 11 of 29 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. Passing bad checks is a class A misdemeanor, unless: (1) The face amount of the check or sight order or the aggregated amounts is five hundred 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 cases passing bad checks is a class C felony. 5. (1) 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 to , RSMo, the costs provided for in this subsection shall be deposited by the county treasurer into a separate interest-bearing fund to be expended by the prosecuting attorney or circuit attorney. The funds shall be expended, upon warrants issued by the prosecuting attorney or circuit attorney directing the treasurer to issue checks thereon, only for purposes related to that previously authorized in this section. Any revenues that are not required for the purposes of this section may be placed in the general revenue fund of the county or city not within a county. 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 , RSMo. 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 , RSMo. (2) The moneys deposited in the fund may be used by the prosecuting or circuit attorney for office supplies, postage, books, training, office equipment, capital outlay, expenses of trial and witness preparation, additional employees for the staff of the prosecuting or circuit attorney, employees' salaries, and for other lawful expenses incurred by the circuit or prosecuting attorney in operation of that office. (3) This fund may be audited by the state auditor's office or the appropriate auditing agency. (4) If the moneys collected and deposited into this fund are not totally expended annually, then the unexpended balance shall remain in said fund and the balance shall be kept in said fund to accumulate from year to year.

12 Page 12 of 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 S.B. 60, A.L S.B. 310, A.L S.B. 705, A.L S.B. 180, A.L H.B. 80, A.L H.B. 1888, A.L H.B. 353) CROSS REFERENCE: Taxes paid with bad checks, penalty, RSMo Civil action for damages for passing bad checks, only original holder may bring action-- limitations--notice requirements--payroll checks, action to be against employer In addition to all other penalties provided by law, any person who makes, utters, draws, or delivers any check, draft, or order for the payment of money upon any bank, savings and loan association, credit union, or other depositary, financial institution, person, firm, or corporation which is not honored because of lack of funds or credit to pay or because of not having an account with the drawee and who fails to pay the amount for which such check, draft, or order was made in cash to the holder within thirty days after notice and a written demand for payment, deposited as certified or registered mail in the United States mail, or by regular mail, supported by an affidavit of service by mailing, notice deemed conclusive three days following the date the affidavit is executed, and addressed to the maker and to the endorser, if any, of the check, draft, or order at each of their addresses as it appears on the check, draft, or order or to the last known address, shall, in addition to the face amount owing upon such check, draft, or order, be liable to the holder for three times the face amount owed or one hundred dollars, whichever is greater, plus reasonable attorney fees incurred in bringing an action pursuant to this section. Only the original holder, whether the holder is a person, bank, savings and loan association, credit union, or other depository, financial institution, firm or corporation, may bring an action pursuant to this section. No original holder shall bring an action pursuant to this section if the original holder has been paid the face amount of the check and costs recovered by the prosecuting attorney or circuit attorney pursuant to subsection 6 of section If the issuer of the check has paid the face amount of the check and costs pursuant to subsection 6 of section , such payment shall be an affirmative defense to any action brought pursuant to this section. The original holder shall elect to bring an action pursuant to this section or section , but may not bring an action pursuant to both sections. In no event shall the damages allowed pursuant to this section exceed five hundred dollars, exclusive of reasonable attorney fees. In situations involving payroll checks, the damages allowed pursuant to this section shall only be assessed against the employer who issued the payroll check and not against the employee to whom the payroll check was issued. The provisions of sections and , RSMo, to the contrary notwithstanding, a lender may bring an action pursuant to this section. The provisions of this section will not apply in cases where there exists a bona fide dispute over the quality of goods sold or services rendered. (L S.B , A.L S.B. 310, A.L S.B. 180, A.L H.B. 1888, A.L S.B. 420 & 344)

13 Page 13 of 29 Fraudulently stopping payment on an instrument, penalties A person commits the crime of "fraudulently stopping payment of an instrument" if he, knowingly, with the purpose to defraud, stops payment on a check or draft given in payment for the receipt of goods or services. 2. Fraudulently stopping payment of an instrument is a class A misdemeanor, unless the face amount of the check or draft is five hundred 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 five hundred dollars or more, in which case the offense is a class D felony. 3. It shall be prima facie evidence of a violation of this section if a person stops payment on a check or draft and fails to make good the check or draft, or return or make and comply with reasonable arrangements to return the property for which the check or draft was given in the same or substantially the same condition as when received within ten days after notice in writing from the payee that the check or draft has not been paid because of a stop payment order by the issuer to the drawee. 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 or draft or to his last known address. The notice shall contain a statement that failure to make good the check or draft within ten days of receipt of the notice may subject the issuer to criminal prosecution. (L S.B. 75, A.L S.B. 264, A.L H.B. 1888) Fraudulent use of a credit device or debit device--penalty A person commits the crime of fraudulent use of a credit device or debit device if the person 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 canceled; or (3) For any other reason his 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 said charges or payment without just cause. It shall be prima facie evidence of a violation of this section if a person cancels said charges or payment after obtaining a property tax receipt to obtain license tags from the Missouri department of revenue. 2. 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 five hundred dollars or more, in which case fraudulent use of a credit device or debit device is a class D felony. (L S.B. 60, A.L S.B. 328, et al., A.L H.B merged with S.B. 895) Fraudulent procurement of a credit or debit card--penalty--limitation of liability--personal identifying information, defined.

14 Page 14 of No person shall knowingly make or cause to be made, directly or indirectly, a false statement regarding another person for the purpose of fraudulently procuring the issuance of a credit card or debit card. 2. No person shall willfully obtain personal identifying information of another person without the authorization of that person and use that information fraudulently to obtain, or attempt to obtain, credit, goods or services in the name of the other person without the consent of that person. 3. Any person who violates the provisions of subsection 1 or 2 of this section is guilty of a class A misdemeanor. 4. As used in this section, "personal identifying information" means the name, address, telephone number, driver's license number, Social Security number, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number or credit card number of a person. 5. Notwithstanding subsections 1 to 4 of this section, no corporation, proprietorship, partnership, limited liability company, limited liability partnership or other business entity shall be liable under this section for accepting applications for credit cards or debit cards or for the credit cards or debit cards in any credit or debit 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 card or debit card. (L S.B ) Deceptive business practice A person commits the crime of deceptive business practice if in the course of engaging in a business, occupation or profession, he 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; or (2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or (3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or (4) Sells, offers or exposes for sale adulterated or mislabeled commodities; or (5) Makes a false or misleading written statement for the purpose of obtaining property or credit. 2. Deceptive business practice is a class A misdemeanor. (L S.B. 60) Effective Financial exploitation of the elderly and disabled, penalty--definitions A person commits the crime of financial exploitation of an elderly or disabled person if such person knowingly and by deception, intimidation, or force obtains control over the elderly or disabled person's property with the intent to permanently deprive the elderly or disabled person of the use, benefit or possession of his or her property thereby benefiting such person or detrimentally affecting the elderly or disabled person. Financial exploitation of an elderly or disabled person is a class A misdemeanor if the value of the property is less than fifty

15 Page 15 of 29 dollars, a class D felony if the value of the property is fifty dollars but less than five hundred dollars, a class C felony if the value of the property is five hundred dollars but less than one thousand dollars, a class B felony if the value of the property is one thousand dollars but less than fifty thousand dollars, and a class A felony if the value of the property is fifty thousand dollars or more. 2. For purposes of this section, the following terms mean: (1) "Deception", a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly or disabled person or to the existing or preexisting condition of any of the property involved in such contract or agreement, or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly or disabled person to enter into a contract or agreement. Deception includes: (a) Creating or confirming another person's impression which is false and which the offender does not believe to be true; or (b) Failure to correct a false impression which the offender previously has created or confirmed; or (c) Preventing another person from acquiring information pertinent to the disposition of the property involved; or (d) 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; or (e) 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; (2) "Disabled person", a person with a mental, physical, or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection; (3) "Elderly person", a person sixty years of age or older; (4) "Intimidation", a threat of physical or emotional harm to an elderly or disabled person, or the communication to an elderly or disabled person that he or she will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment. 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 or disabled person 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 or disabled person has become accustomed at the time of such actions. 6. It shall not be a defense to financial exploitation of an elderly or disabled person that the accused reasonably believed that the victim was not an elderly or disabled person. (L H.B & 1086, A.L S.B. 556 & 311, A.L H.B. 353) Commercial bribery.

16 Page 16 of A person commits the crime of commercial bribery: (1) If he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as: (a) Agent or employee of another; (b) Trustee, guardian or other fiduciary; (c) Lawyer, physician, accountant, appraiser or other professional adviser or informant; (d) Officer, director, partner, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or (e) Arbitrator or other purportedly disinterested adjudicator or referee; (2) If as a person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal or criticism of commodities or services, he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism; (3) If he 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. Commercial bribery is a class A misdemeanor. (L S.B. 60) Effective Sports bribery--penalty It shall be unlawful: (1) For any person to give, promise or offer to any professional or amateur baseball, football, hockey, polo, tennis or basketball player or boxer or any player who participates or expects to participate in any professional or amateur game or sport or any jockey, driver, groom or any person participating or expecting to participate in any horse race, including owners of race tracks and their employees, stewards, trainers, judges, starters or special policemen, or to any manager, coach or trainer of any team or participant or prospective participant in any such game, contest or sport, any valuable thing with intent to influence him to lose or try to lose or cause to be lost or to limit his or his team's margin of victory in a baseball, football, hockey or basketball game, boxing, tennis or polo match or a horse race or any professional or amateur sport, or game, in which such player or participant or jockey or driver, is taking part or expects to take part, or has any duty or connection therewith; (2) For any professional or amateur baseball, football, hockey, basketball, tennis or polo player, boxer, or jockey, driver, or groom or participant or prospective participant in any sport or game, or manager, coach or trainer of any team or individual participant or prospective participant in any such game, contest or sport to accept, attempt to obtain, or to solicit any valuable thing to influence him to lose or try to lose or cause to be lost or to limit his or his team's margin of victory in a baseball, football, hockey or basketball game or boxing, tennis, or polo match, or horse race or any game or sport in which he is taking part, or expects to take part, or has any duty or connection therewith. 2. (1) Any person violating the provisions of subdivision (1) of subsection 1 shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for a term of not to exceed

17 Page 17 of 29 ten years or by imprisonment in the county jail for a period not to exceed one year, or by a fine not to exceed ten thousand dollars or by both such fine and imprisonment; (2) Any person violating the provisions of subdivision (2) of subsection 1 shall be deemed guilty of a misdemeanor. (RSMo , A.L p. 419) Prior revision: *Transferred 1978; formerly False advertising A person commits the crime of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property or services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons. 2. False advertising is a class A misdemeanor. (L S.B. 60) Effective Bait advertising A person commits the crime of bait advertising if he advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services: (1) At the price which he offered them; or (2) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or (3) At all. 2. Bait advertising is a class A misdemeanor. (L S.B. 60) Effective Defrauding secured creditors A person commits the crime of defrauding secured creditors if he 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. Defrauding secured creditors is a class A misdemeanor unless the amount remaining to be paid on the secured debt, including interest, is five hundred dollars or more, in which case defrauding secured creditors is a class D felony.