Bill Text: MO HB1888 | 2010 | Regular Session | Introduced
Bill Title: Specifies that it is unlawful for a person to distribute a theft detection device, to possess or use a theft detection remover or shielding device, or to knowingly remove a theft detection device
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Crime Prevention (H) [HB1888 Detail]
Download: Missouri-2010-HB1888-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ZERR.
3286L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 570.010, RSMo, and to enact in lieu thereof two new sections relating to unlawful distribution, possession, or use of a theft detection shielding device and unlawful possession, use, or removal of a theft detection device, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 570.010, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 570.010 and 570.035, to read as follows:
570.010. 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 "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) "Theft detection device" means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant;
(16) "Theft detection remover" means any tool or device specifically designed or manufactured to be used to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant;
(17) "Theft detection shielding device" means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor;
(18) "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.
570.035. 1. A person commits unlawful:
(1) Distribution of a theft detection shielding device when he or she knowingly manufactures, sells, offers to sell or distributes any theft detection shielding device;
(2) Possession of a theft detection shielding device when he or she knowingly possesses any theft detection shielding device with the intent to commit stealing or shoplifting;
(3) Possession of a theft detection device remover when he or she knowingly possesses any theft detection device remover with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding such merchandise;
(4) Use of a theft detection shielding device or a theft detection device remover when he or she uses or attempts to use either device while committing a violation of section 570.030;
(5) Removal of a theft detection device when he or she knowingly removes any theft detection device from merchandise prior to purchase without the permission of the merchant or person owning or holding such merchandise.
2. Any person who violates the provisions of subsection 1 of this section is guilty of a class D felony.
•
