§ 18-64. Stealing.

(a)

Definitions. As used in this section:

Appropriate means to take, obtain, use, transfer, conceal or retain possession of.

Coercion means a threat, however communicated:

(1)

To commit any crime; or

(2)

To inflict physical injury in the future on the person threatened or another; or

(3)

To accuse any person of any crime; or

(4)

To expose any person to hatred, contempt or ridicule; or

(5)

To harm the credit or business repute of any person; or

(6)

To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or

(7)

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.

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.

Dealer means a person in the business of buying and selling goods.

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 "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.

Deprive means:

(1)

To withhold property from the owner permanently; or

(2)

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

(3)

To use or dispose of property in a manner that makes recovery of the property by the owner unlikely.

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.

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.

Receiving means acquiring possession, control or title or lending on the security of the property.

Services includes transportation, telephone, electricity, gas, water, cable television services, or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles.

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.

(b)

Prohibition. A person commits the offense of stealing, which shall be unlawful, if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion. Evidence of the following is admissible in any prosecution under this section on the issue of the requisite knowledge or belief of the alleged stealer:

(1)

That he failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;

(2)

That he 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 left the hotel, restaurant, inn or boardinghouse with the intent to not pay for property or services;

(4)

That he surreptitiously removed or attempted to remove his baggage from a hotel, inn or boardinghouse.

(c)

Effect of claim of right. A person does not commit an offense under paragraph (b) of this 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.

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

(d)

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 receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. Evidence of the following is admissible in any criminal prosecution under this section to prove the requisite knowledge or belief of the alleged receiver:

(1)

That he was found in possession or control of other property stolen on separate occasions from two (2) or more persons;

(2)

That he received other stolen property in another transaction within the year preceding the transaction charged;

(3)

That he acquired the stolen property for a consideration which he knew was far below its reasonable value.

(Code 1974, § 16-12)

State law reference

Similar provisions, RSMo §§ 570.070, 570.080.