569.090. Tampering in the second degree.

MISSOURI STATUTES AND CODES

569.090. Tampering in the second degree.

Tampering in the second degree.

569.090. 1. A person commits the crime of tampering in the seconddegree if he or she:

(1) Tampers with property of another for the purpose of causingsubstantial 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 otherproperty of an electric, gas, steam or water utility, the effect of whichtampering is either:

(a) To prevent the proper measuring of electric, gas, steam or waterservice; or

(b) To permit the diversion of any electric, gas, steam or waterservice.

2. In any prosecution under subdivision (4) of subsection 1, proofthat a meter or any other property of a utility has been tampered with, andthe person or persons accused received the use or direct benefit of theelectric, gas, steam or water service, with one or more of the effectsdescribed in subdivision (4) of subsection 1, shall be sufficient tosupport 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 violationof such subdivision by the person or persons who use or receive the directbenefit 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 D felony;

(2) The defendant has a prior conviction or has had a prior findingof guilt pursuant to paragraph (a) of subdivision (3) of subsection 3 ofsection 570.030, RSMo, section 570.080, RSMo, or subdivision (2) ofsubsection 1 of this section, in which case it is a class C felony.