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MISSOURI STATUTES AND CODES

570.010. Chapter definitions.

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Chapter definitions. 570.010.As used in this chapter: (1)"Adulterated" means varying from the standard of composition orquality prescribed by statute or lawfully promulgated administrativeregulations of this state lawfully filed, or if none, as set by commercialusage; (2)"Appropriate" means to take, obtain, use, transfer, conceal orretain 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 threatenedor 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 apublic 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 isnot coercion if the property sought to be obtained by virtue of such threatwas honestly claimed as restitution or indemnification for harm done in thecircumstances to which the accusation, exposure, lawsuit or other officialaction relates, or as compensation for property or lawful service.Thedefendant shall have the burden of injecting the issue of justification asto any threat; (4)"Credit device" means a writing, number or other devicepurporting to evidence an undertaking to pay for property or servicesdelivered or rendered to or upon the order of a designated person orbearer; (5)"Dealer" means a person in the business of buying and sellinggoods; (6)"Debit device" means a card, code, number or other device, otherthan a check, draft or similar paper instrument, by the use of which aperson may initiate an electronic fund transfer, including but not limitedto devices that enable electronic transfers of benefits to publicassistance recipients; (7)"Deceit" means purposely making a representation which is falseand which the actor does not believe to be true and upon which the victimrelies, as to a matter of fact, law, value, intention or other state ofmind.The term "deceit" does not, however, include falsity as to mattershaving no pecuniary significance, or puffing by statements unlikely todeceive ordinary persons in the group addressed.Deception as to theactor's intention to perform a promise shall not be inferred from the factalone 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 othercompensation; or (c)To use or dispose of property in a manner that makes recovery ofthe property by the owner unlikely; (9)"Mislabeled" means varying from the standard of truth ordisclosure in labeling prescribed by statute or lawfully promulgatedadministrative regulations of this state lawfully filed, or if none, as setby 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 thathas never been used since its production or manufacture and is in itsoriginal unopened package or container if such property was packaged; (11)"Of another" property or services is that "of another" if anynatural person, corporation, partnership, association, governmentalsubdivision or instrumentality, other than the actor, has a possessory orproprietary interest therein, except that property shall not be deemedproperty of another who has only a security interest therein, even if legaltitle is in the creditor pursuant to a conditional sales contract or othersecurity arrangement; (12)"Property" means anything of value, whether real or personal,tangible or intangible, in possession or in action, and shall include butnot be limited to the evidence of a debt actually executed but notdelivered or issued as a valid instrument; (13)"Receiving" means acquiring possession, control or title orlending on the security of the property; (14)"Services" includes transportation, telephone, electricity, gas,water, or other public service, accommodation in hotels, restaurants orelsewhere, admission to exhibitions and use of vehicles; (15)"Writing" includes printing, any other method of recordinginformation, money, coins, negotiable instruments, tokens, stamps, seals,credit cards, badges, trademarks and any other symbols of value, right,privilege or identification.(L. 1977 S.B. 60, A.L. 1979 H.B. 165, A.L. 1986 S.B. 450, A.L. 1999S.B. 328, et al., A.L. 2002 H.B. 1888)
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  • Chapter definitions.

    570.010. As used in this chapter:

    (1) "Adulterated" means varying from the standard of composition orquality prescribed by statute or lawfully promulgated administrativeregulations of this state lawfully filed, or if none, as set by commercialusage;

    (2) "Appropriate" means to take, obtain, use, transfer, conceal orretain 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 threatenedor 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 apublic 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 isnot coercion if the property sought to be obtained by virtue of such threatwas honestly claimed as restitution or indemnification for harm done in thecircumstances to which the accusation, exposure, lawsuit or other officialaction relates, or as compensation for property or lawful service. Thedefendant shall have the burden of injecting the issue of justification asto any threat;

    (4) "Credit device" means a writing, number or other devicepurporting to evidence an undertaking to pay for property or servicesdelivered or rendered to or upon the order of a designated person orbearer;

    (5) "Dealer" means a person in the business of buying and sellinggoods;

    (6) "Debit device" means a card, code, number or other device, otherthan a check, draft or similar paper instrument, by the use of which aperson may initiate an electronic fund transfer, including but not limitedto devices that enable electronic transfers of benefits to publicassistance recipients;

    (7) "Deceit" means purposely making a representation which is falseand which the actor does not believe to be true and upon which the victimrelies, as to a matter of fact, law, value, intention or other state ofmind. The term "deceit" does not, however, include falsity as to mattershaving no pecuniary significance, or puffing by statements unlikely todeceive ordinary persons in the group addressed. Deception as to theactor's intention to perform a promise shall not be inferred from the factalone 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 othercompensation; or

    (c) To use or dispose of property in a manner that makes recovery ofthe property by the owner unlikely;

    (9) "Mislabeled" means varying from the standard of truth ordisclosure in labeling prescribed by statute or lawfully promulgatedadministrative regulations of this state lawfully filed, or if none, as setby 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 thathas never been used since its production or manufacture and is in itsoriginal unopened package or container if such property was packaged;

    (11) "Of another" property or services is that "of another" if anynatural person, corporation, partnership, association, governmentalsubdivision or instrumentality, other than the actor, has a possessory orproprietary interest therein, except that property shall not be deemedproperty of another who has only a security interest therein, even if legaltitle is in the creditor pursuant to a conditional sales contract or othersecurity arrangement;

    (12) "Property" means anything of value, whether real or personal,tangible or intangible, in possession or in action, and shall include butnot be limited to the evidence of a debt actually executed but notdelivered or issued as a valid instrument;

    (13) "Receiving" means acquiring possession, control or title orlending on the security of the property;

    (14) "Services" includes transportation, telephone, electricity, gas,water, or other public service, accommodation in hotels, restaurants orelsewhere, admission to exhibitions and use of vehicles;

    (15) "Writing" includes printing, any other method of recordinginformation, money, coins, negotiable instruments, tokens, stamps, seals,credit cards, badges, trademarks and any other symbols of value, right,privilege or identification.

    (L. 1977 S.B. 60, A.L. 1979 H.B. 165, A.L. 1986 S.B. 450, A.L. 1999 S.B. 328, et al., A.L. 2002 H.B. 1888)

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