Chapter 569 Arson, Burglary, Trespass, and Related Offenses

569.095 - Tampering with computer data — penalties.

Steven Groce, Attorney Advertisement

1.A person commits the offense of tampering with computer data if he or she 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.The offense of 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 seven hundred fifty dollars or more, in which case it is a class E felony.

(L. 1982 H.B. 1454, et al. § 2, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

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

569.099 - Tampering with computer users — penalties.

1.A person commits the offense of tampering with computer users if he or she knowingly and without authorization or without reasonable grounds to believe that he or she 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 seven hundred fifty dollars or more, in which case tampering with computer users is a class E felony.

(L. 1982 H.B. 1454, et al. § 4, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

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

569.137 - Polluting cave or subsurface waters — penalty.

1.As used in this section, the following terms mean:

(1)"Cave system", the caves in a given area related to each other hydrologically, whether continuous or discontinuous from a single opening;

(2)"Sinkhole", a hollow place or depression in the ground in which drainage may collect with an opening therefrom into an underground channel or cave including any subsurface opening that might be bridged by a formation of silt, gravel, humus, or any other material through which percolation into the channel or cave may occur.

2.A person commits the offense of polluting cave or subsurface waters if he or she purposely introduces into any cave, cave system, sinkhole or subsurface waters of the state any substance or structure that will or could violate any provision of the Missouri clean water law as set forth in chapter 644, or any water quality standard or effluent limitation promulgated pursuant thereto.

3.The provisions of this section do not apply:

(1)Where natural subsurface drainage systems including, without limitation, caves, cave systems, sinkholes, fissures and related openings are used for purposes of storm water drainage, artificial recharge of aquifers, and irrigation return flow, and where modifications of natural drainage systems are made for purposes of improving natural drainage relationships; or

(2)To vertical or horizontal underground mining operations.

4.No additional appropriations may be made for the enforcement of this section.

5.The offense of polluting cave or subsurface waters is a class A misdemeanor.

(L. 1980 H.B. 1192 § 4, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.215; Effective 1-01-17

569.132 - Prohibited acts — involving crops — penalties.

1.This section shall be known and may be cited as the "Crop Protection Act".

2.A person commits the offense of prohibited acts involving crops if he or she:

(1)Intentionally causes the loss of any crop;

(2)Damages, vandalizes, or steals any property in or on land on which a crop is located;

(3)Obtains access to a crop by false pretenses for the purpose of performing acts not authorized by the landowner;

(4)Enters or otherwise interferes with a crop with the intent to destroy, alter, duplicate or obtain unauthorized possession of such crop;

(5)Knowingly obtains, by theft or deception, control over a crop for the purpose of depriving the rightful owner of such crop, or for the purpose of destroying such crop; or

(6)Enters or remains on land on which a crop is located with the intent to commit an act prohibited by this section.

3.The offense of prohibited acts involving crops is a class A misdemeanor for each such violation unless:

(1)The loss or damage to the crop is seven hundred fifty dollars or more, in which case it is a class E felony;

(2)The loss or damage to the crop is one thousand dollars or more, in which case it is a class D felony;

(3)The loss or damage to the crop is twenty-five thousand dollars or more, in which case it is a class C felony;

(4)The loss or damage to the crop is seventy-five thousand dollars or more, in which case it is a class B felony.

4.Any person who has been damaged by a violation of this section shall have a civil cause of action under section 537.353.

5.Nothing in this section shall preclude any owner or operator injured in his or her business or on his or her property by a violation of this section from seeking appropriate relief under any other provision of law or remedy including the issuance of an injunction against any person who violates this section.The owner or operator of the business may petition the court to permanently enjoin such persons from violating this section, and the court shall provide such relief.

6.The director of the department of agriculture shall have the authority to investigate any alleged violation of this section, along with any other law enforcement agency, and may take any action within the director's authority necessary for the enforcement of this section.The attorney general, the highway patrol, and other law enforcement officials shall provide assistance required for the investigation.

7.The director may promulgate rules and regulations necessary for the enforcement of this section.Any rule or portion of a rule, as that term is defined in section 536.010 that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after January 1, 2017, shall be invalid and void.

(L. 2001 S.B. 462, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.416; Effective 1-01-17

569.080 - Tampering in the first degree — penalty.

1.A person commits the offense of tampering in the first degree if he or she:

(1)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)Knowingly receives, possesses, sells, or unlawfully operates an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner thereof.

2.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 that he or she:

(1)Received, possessed, sold, or operated an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle unlawfully on a separate occasion; or

(2)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.

3.The offense of tampering in the first degree is a class D felony.

(L. 1977 S.B. 60, A.L. 1982 H.B. 1454, et al., A.L. 2005 H.B. 353, A.L. 2014 S.B. 491)

Effective 1-01-17

569.180 - Possession of burglar's tools — penalty.

1.A person commits the offense of possession of burglar's tools if he or she 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.The offense of possession of burglar's tools is a class E felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

(1984) It is not necessary that the tools be "breaking" tools but only that they be adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into the premises. A flashlight and a pair of gloves can qualify as burglar's tools. State v. Adkins (Mo.App.), 678 S.W.2d 855.

569.090 - Tampering in the second degree — penalties.

1.A person commits the offense 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 E felony; or

(2)The defendant has a prior conviction or has previously been found guilty pursuant to paragraph (a) of subdivision (3) of subsection 5 of section 570.030, or subdivision (2) of subsection 1 of this section, in which case it is a class D 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, A.L. 2014 S.B. 491, A.L. 2016 H.B. 2332)

Effective 1-01-17

569.053 - Arson in the third degree — penalty.

1.A person commits the offense of arson in the third degree if he or she knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.

2.The offense of arson in the third degree is a class A misdemeanor.

(L. 2014 S.B. 491)

Effective 1-01-17

569.100 - Property damage in the first degree — penalties.

1.A person commits the offense 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 seven hundred fifty 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.The offense of property damage in the first degree committed under subdivision (1) or (2) of subsection 1 of this section is a class E felony, unless the offense of property damage in the first degree was committed under subdivision (1) of subsection 1 of this section and the victim was intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class D felony.The offense of property damage in the first degree committed under subdivision (3) of subsection 1 of this section is a class D 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, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)

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

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

2.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.

3.In order to preserve the public order, any district which adopts the policies described in subsection 2 of this section shall establish and enforce a student behavior policy for students on school buses.

4.The offense of trespass of a school bus is a class A misdemeanor.

(L. 2000 S.B. 944, A.L. 2014 S.B. 491)

Effective 1-01-17

569.055 - Knowingly burning or exploding — penalty.

1.A person commits the offense of knowingly burning or exploding if he or she knowingly damages property of another by starting a fire or causing an explosion.

2.The offense of knowingly burning or exploding is a class E felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

569.145 - Posting of property against trespassers, purple paint used to mark streets and posts, requirements.

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.

Posting in such a manner shall be found to be reasonably likely to come to the attention of intruders for the purposes of section 569.140.

(L. 1993 S.B. 84, A.L. 2009 S.B. 398, A.L. 2014 S.B. 491)

Effective 1-01-17

569.010 - Chapter definitions.

As used in this chapter the following terms mean:

(1)"Cave or cavern", any naturally occurring subterranean cavity enterable by a person including, without limitation, a pit, pothole, natural well, grotto, and tunnel, whether or not the opening has a natural entrance;

(2)"Enter unlawfully or remain unlawfully", a person enters or remains in or upon premises when he or she is not licensed or privileged to do so.A person who, regardless of his or her 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 or she defies a lawful order not to enter or remain, personally communicated to him or her 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;

(3)"Nuclear power plant", a power generating facility that produces electricity by means of a nuclear reactor owned by a utility or a consortium utility.Nuclear power plant shall be limited to property within the structure or fenced yard, as defined in section 563.011;

(4)"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;

(5)"Utility", an enterprise which provides gas, electric, steam, water, sewage disposal, or communication, video, internet, or voice over internet protocol services, and any common carrier.It may be either publicly or privately owned or operated.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2018 H.B. 1797)

569.065 - Negligent burning or exploding — penalty.

1.A person commits the offense of negligent burning or exploding if he or she with criminal negligence causes damage to property or to the woodlands, cropland, grassland, prairie, or marsh of another by:

(1)Starting a fire or causing an explosion; or

(2)Allowing a fire burning on lands in his or her possession or control onto the property of another.

2.The offense of negligent burning or exploding is a class C misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

569.130 - Claim of right.

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 or she does so under a claim of right and has reasonable grounds to believe he or she has such a right.

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

3.No person who, as a tenant, willfully or wantonly destroys, defaces, damages, impairs, or removes any part of a leased structure or dwelling unit, or the facilities, equipment, or appurtenances thereof, may inject the issue of claim of right.

(L. 1977 S.B. 60, A.L. 2014 H.B. 1410 merged with S.B. 655)

569.120 - Property damage in the second degree — penalty.

1.A person commits the offense of property damage in the second degree if he or she:

(1)Knowingly damages property of another; or

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

2.The offense of property damage in the second degree is a class B misdemeanor, unless the offense of property damage in the second degree was committed under subdivision (1) of subsection 1 of this section and the victim was intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which it is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 1986 S.B. 450, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)

569.075 - Possessing a tool to break into a vending machine — penalty.

1.A person commits the offense of possessing a tool to break into a vending machine if he or she possesses any key, tool, instrument, explosive, or similar device, or a drawing, print, mold of a key, tool, instrument, explosive, or device designed to open, break into, tamper with, or damage a coin-operated vending machine or any other machine or device which is activated by the customer depositing some form of payment, with the intent to commit a theft from such machine.

2.The owner of a coin-operated vending machine or any other machine or device which is activated by the customer depositing some form of payment may maintain a civil cause of action against any person who has been found guilty of a violation of this section.If such owner of a coin-operated vending machine or any other machine or device which is activated by the customer depositing some form of payment prevails in such action, the court may award treble damages, reasonable attorney's fees, and costs.

3.The offense of possession of a tool to break into a vending machine is a class A misdemeanor.

(L. 1995 S.B. 446 §§ 1, 2, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.445; Effective 1-01-17

569.170 - Burglary in the second degree — penalty.

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

2.The offense of burglary in the second degree is a class D felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

(1980) Trespass in the second degree is not a lesser included offense of burglary, as it does not require unlawful entering of a building. State v. Neighbors (A.), 613 S.W.2d 143.

(1980) Trespass in the first degree is lesser included offense of burglary in second degree, as every element of lesser offense is included in greater offense of burglary, and it is impossible to commit burglary without also committing trespass. State v. Neighbors (A.), 613 S.W.2d 143.

(1984) Crime of burglary requires proof of incursion into a building or inhabitable structure; an unlicensed entry upon open real property for whatever unlawful purpose does not constitute burglary. State v. Butler (Mo.App.), 665 S.W.2d 41.

(1984) An entry, however slight, by any part of the defendant's body is sufficient to establish the element of entry. State v. Sincup (Mo.App.), 674 S.W.2d 689.

569.097 - Tampering with computer equipment — penalties.

1.A person commits the offense of tampering with computer equipment if he or she knowingly and without authorization or without reasonable grounds to believe that he or she 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.The offense of 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 seven hundred fifty dollars or more, in which case it is a class E felony; or

(2)The damage to such computer equipment or to the computer, computer system, or computer network is seven hundred fifty dollars or more, in which case it is a class E felony; or

(3)The damage to such computer equipment or to the computer, computer system, or computer network is twenty-five thousand dollars or more, in which case it is a class D felony.

(L. 1982 H.B. 1454, et al. § 3, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

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

569.060 - Reckless burning or exploding — penalty.

1.A person commits the offense of reckless burning or exploding if he or she recklessly starts a fire or causes an explosion and thereby damages or destroys the property of another.

2.The offense of reckless burning or exploding is a class B misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

569.160 - Burglary in the first degree — penalty.

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

(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.The offense of burglary in the first degree is a class B felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

(1998) Criminal is armed upon equipping himself with a weapon for the purpose of stealing it.State v. Crews, 968 S.W.2d 763 (Mo.App. E.D.)

569.135 - Unlawfully entering or defacing a cave or cavern — penalty.

1.Unless a person has the prior written permission of an owner, officer, lessee, or superintendent of a cave or cavern, such person commits the offense of unlawfully entering or defacing a cave or cavern if he or she:

(1)Willfully or knowingly breaks, breaks off, cracks, carves upon, writes or otherwise marks upon, or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars, or harms the surfaces of any cave or any natural material therein including, without limitation, stalactites, stalagmites, helictites, anthodites, gypsum flowers, or needles, cave pearls, flowstone, draperies, rimstone, spathites, columns or similar crystalline mineral formation, including the host rock thereof; or

(2)Breaks, forces, tampers with, removes, or otherwise disturbs a lock, gate, door or other structure designed to prevent entrance to a cave or cavern.A person violates this subsection whether or not entrance to the cave or cavern is achieved.

2.No additional appropriations may be made for the enforcement of this section.

3.The provisions of this section do not apply to vertical or horizontal underground mining operations.

4.The offense of unlawfully entering or defacing a cave or cavern is a class A misdemeanor.

(L. 1980 H.B. 1192 § 3, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.210; Effective 1-01-17

CROSS REFERENCE:

Caves open to public, requirements, 293.620

569.040 - Arson in the first degree — penalty.

1.A person commits the offense of arson in the first degree if 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.The offense of 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 person or as a result of a fire or explosion started in an attempt by the person 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, A.L. 2014 S.B. 491)

Effective 1-01-17

569.140 - Trespass in the first degree — penalty.

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

2.A person does not commit the offense 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.The offense of trespass in the first degree is a class B misdemeanor, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class A misdemeanor.If the building or real property is part of a nuclear power plant, the offense of trespass in the first degree is a class E felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34, A.L. 2018 H.B. 1797)

CROSS REFERENCE:

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

569.150 - Trespass in the second degree — penalty.

1.A person commits trespass in the second degree if he or she 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, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

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

(1980) Trespass in the second degree is not a lesser included offense of burglary, as it does not require unlawful entering of a building. State v. Neighbors (A.), 613 S.W.2d 143.

569.050 - Arson in the second degree — penalty.

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

2.A person does not commit an offense under this section if:

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

(2)The person's 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.The offense of arson in the second degree is a class D felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion, in which case it is a class B felony.