EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 318
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
1001S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 570.030, RSMo, and to enact in lieu thereof three new sections relating to
offenses involving retail establishments, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 570.030, RSMo, is repealed and three 1
new sections enacted in lieu thereof, to be known as sections 2
569.151, 570.030, and 570.036, to read as follows:3
569.151. 1. A person commits the offense of trespass 1
in the third degree if he or she enters a retail 2
establishment or similar public place with the primary 3
purpose of: 4
(1) Engaging in tumultuous or viol ent conduct causing 5
damage to property; 6
(2) Disrupting lawful commerce in such retail 7
establishment or similar public place; 8
(3) Creating the danger of serious physical injury to 9
persons; or 10
(4) Threatening or adversely affecting the h ealth or 11
physical well-being of any individual located in or around 12
such retail establishment or similar public place. 13
2. A person commits the offense of trespass in the 14
third degree if he or she, either individually or as part of 15
an organized campaign, sponsors, promotes, or assists in the 16
conduct made unlawful under subsection 1 of this section. 17 SB 318 2
3. The offense of trespass in the third degree is a 18
class B misdemeanor. If it is shown that an organized 19
campaign sponsored, promoted, or ass isted in any conduct in 20
violation of this section, in addition to the penalty 21
imposed under this section, the organized campaign may be 22
required to pay a civil fine not to exceed five thousand 23
dollars. 24
570.030. 1. A person commits the offense of stealing 1
if he or she: 2
(1) Appropriates property or services of another with 3
the purpose to deprive him or her thereof, either without 4
his or her consent or by means of deceit or coercion; 5
(2) Attempts to appropriate anhydrous ammonia or 6
liquid nitrogen of another with the purpose to deprive him 7
or her thereof, either without his or her consent or by 8
means of deceit or coercion; or 9
(3) For the purpose of depriving the owner of a lawful 10
interest therein, receives, reta ins or disposes of property 11
of another knowing that it has been stolen, or believing 12
that it has been stolen. 13
2. The offense of stealing is a class A felony if the 14
property appropriated consists of any of the following 15
containing any amount of an hydrous ammonia: a tank truck, 16
tank trailer, rail tank car, bulk storage tank, field nurse, 17
field tank or field applicator. 18
3. The offense of stealing is a class B felony if: 19
(1) The property appropriated or attempted to be 20
appropriated consists of any amount of anhydrous ammonia or 21
liquid nitrogen; 22
(2) The property consists of any animal considered 23
livestock as the term livestock is defined in section 24
144.010, or any captive wildlife held under permit issued by 25 SB 318 3
the conservation commission, and the value of the animal or 26
animals appropriated exceeds three thousand dollars and that 27
person has previously been found guilty of appropriating any 28
animal considered livestock or captive wildlife held under 29
permit issued by the conservat ion commission. 30
Notwithstanding any provision of law to the contrary, such 31
person shall serve a minimum prison term of not less than 32
eighty percent of his or her sentence before he or she is 33
eligible for probation, parole, conditional release, or 34
other early release by the department of corrections; 35
(3) A person appropriates property consisting of a 36
motor vehicle, watercraft, or aircraft, and that person has 37
previously been found guilty of two stealing -related 38
offenses committed on two separa te occasions where such 39
offenses occurred within ten years of the date of occurrence 40
of the present offense; 41
(4) The property appropriated or attempted to be 42
appropriated consists of any animal considered livestock as 43
the term is defined in secti on 144.010 if the value of the 44
livestock exceeds ten thousand dollars; [or] 45
(5) The property appropriated or attempted to be 46
appropriated is owned by or in the custody of a financial 47
institution and the property is taken or attempted to be 48
taken physically from an individual person to deprive the 49
owner or custodian of the property ; or 50
(6) The person appropriates property, the person's 51
course of conduct is part of an organized retail theft, and 52
the value of the property taken, combined wit h any property 53
damage inflicted in such theft, is ten thousand dollars or 54
more. 55
4. The offense of stealing is a class C felony if : 56 SB 318 4
(1) The value of the property or services appropriated 57
is twenty-five thousand dollars or more ; or 58
(2) The property is a teller machine or the contents 59
of a teller machine, including cash, regardless of the value 60
or amount; or 61
(3) The person appropriates property, the person's 62
course of conduct is part of an organized retail theft, and 63
the value of the property taken, combined with any property 64
damage inflicted in such theft, is seven hundred fifty 65
dollars or more but less than ten thousand dollars . 66
5. The offense of stealing is a class D felony if: 67
(1) The value of the property or services appropriated 68
is seven hundred fifty dollars or more; 69
(2) The offender physically takes the property 70
appropriated from the person of the victim; or 71
(3) The property appropriated consists of: 72
(a) Any motor vehicle, watercraft or aircraft; 73
(b) Any will or unrecorded deed affecting real 74
property; 75
(c) Any credit device, debit device or letter of 76
credit; 77
(d) Any firearms; 78
(e) Any explosive weapon as defined in section 571.010; 79
(f) Any United States nat ional flag designed, intended 80
and used for display on buildings or stationary flagstaffs 81
in the open; 82
(g) Any original copy of an act, bill or resolution, 83
introduced or acted upon by the legislature of the state of 84
Missouri; 85
(h) Any pleading, notice, judgment or any other record 86
or entry of any court of this state, any other state or of 87
the United States; 88 SB 318 5
(i) Any book of registration or list of voters 89
required by chapter 115; 90
(j) Any animal considered livestock as that term is 91
defined in section 144.010; 92
(k) Any live fish raised for commercial sale with a 93
value of seventy-five dollars or more; 94
(l) Any captive wildlife held under permit issued by 95
the conservation commission; 96
(m) Any controlled substance as d efined by section 97
195.010; 98
(n) Ammonium nitrate; 99
(o) Any wire, electrical transformer, or metallic wire 100
associated with transmitting telecommunications, video, 101
internet, or voice over internet protocol service, or any 102
other device or pipe t hat is associated with conducting 103
electricity or transporting natural gas or other combustible 104
fuels; or 105
(p) Any material appropriated with the intent to use 106
such material to manufacture, compound, produce, prepare, 107
test or analyze amphetamine or methamphetamine or any of 108
their analogues. 109
6. The offense of stealing is a class E felony if: 110
(1) The property appropriated is an animal; 111
(2) The property is a catalytic converter; 112
(3) A person has previously been found guilty of three 113
stealing-related offenses committed on three separate 114
occasions where such offenses occurred within ten years of 115
the date of occurrence of the present offense; or 116
(4) The property appropriated is a letter, postal 117
card, package, bag, or othe r sealed article that was 118
delivered by a common carrier or delivery service and not 119
yet received by the addressee or that had been left to be 120 SB 318 6
collected for shipment by a common carrier or delivery 121
service. 122
7. The offense of stealing is a class D misdemeanor if 123
the property is not of a type listed in subsection 2, 3, 5, 124
or 6 of this section, the property appropriated has a value 125
of less than one hundred fifty dollars, and the person has 126
no previous findings of guilt for a stealing -related offense. 127
8. The offense of stealing is a class A misdemeanor if 128
no other penalty is specified in this section. 129
9. If a violation of this section is subject to 130
enhanced punishment based on prior findings of guilt, such 131
findings of guilt shall be p leaded and proven in the same 132
manner as required by section 558.021. 133
10. The appropriation of any property or services of a 134
type listed in subsection 2, 3, 5, or 6 of this section or 135
of a value of seven hundred fifty dollars or more may be 136
considered a separate felony and may be charged in separate 137
counts. 138
11. The value of property or services appropriated 139
pursuant to one scheme or course of conduct, whether from 140
the same or several owners and whether at the same or 141
different times, cons titutes a single criminal episode and 142
may be aggregated in determining the grade of the offense, 143
except as set forth in subsection 10 of this section. 144
12. As used in this section, the term "organized 145
retail theft" means any act of stealing committ ed by one or 146
more persons as part of any agreement to steal property from 147
a business. Separate acts of stealing that are part of any 148
ongoing agreement to steal may be aggregated for the purpose 149
of determining value regardless of whether the acts are 150
committed in the same jurisdiction or at the same time. 151 SB 318 7
570.036. 1. A person commits the offense of organized 1
retail theft if he or she, while alone or with any other 2
person or persons, commits a series of thefts of retail 3
merchandise against one or more persons either on the 4
premises of a merchant or through the use of an internet or 5
network site in this state with the intent to: 6
(1) Return the merchandise to the merchant for value; 7
or 8
(2) Resell, trade, or barter the merchandise for value 9
in any manner including, but not limited to, through the use 10
of an internet or network site. 11
2. The offense of organized retail theft is a class C 12
felony if the aggregated value of the property or services 13
involved in all thefts committed in this state during a 14
period of one hundred twenty days is no less than one 15
thousand five hundred dollars and no more than ten thousand 16
dollars. 17
3. The offense of organized retail theft is a class B 18
felony if the aggregated value of the property or services 19
involved in all thefts committed in this state during a 20
period of one hundred twenty days is more than ten thousand 21
dollars. 22
4. In addition to any other penalty, the court shall 23
order a person who violates this sectio n to pay restitution. 24
5. For the purposes of this section, in determining 25
the aggregated value of the property or services involved in 26
all thefts committed in this state during a period of one 27
hundred twenty days: 28
(1) The amount involved in a single theft shall be 29
deemed to be the highest value, by any reasonable standard, 30
of the property or services that are obtained; and 31 SB 318 8
(2) The amounts involved in all thefts committed by 32
all participants in the organized retail theft shall be 33
aggregated. 34
6. In any prosecution for a violation of this section, 35
the violation shall be deemed to have been committed and may 36
be prosecuted in any jurisdiction in this state in which any 37
theft committed by any participant in the organized retail 38
theft was committed regardless of whether the defendant was 39
ever physically present in such jurisdiction. 40