570.040. Stealing, third offense. - Missouri Statutes

Stealing, third offense.

570.040. 1. Every person who has previously pled guilty to or beenfound guilty of two stealing-related offenses committed on two separateoccasions where such offenses occurred within ten years of the date ofoccurrence of the present offense and who subsequently pleads guilty or isfound guilty of a stealing-related offense is guilty of a class D felony,unless the subsequent plea or guilty verdict is pursuant to paragraph (a)of subdivision (3) of subsection 3 of section 570.030, in which case theperson shall be guilty of a class B felony, and shall be punishedaccordingly.

2. As used in this section, the term "stealing-related offense" shallinclude federal and state violations of criminal statutes against stealing,robbery, or buying or receiving stolen property and shall also includemunicipal ordinances against same if the defendant was either representedby counsel or knowingly waived counsel in writing and the judge acceptingthe plea or making the findings was a licensed attorney at the time of thecourt proceedings.

3. Evidence of prior guilty pleas or findings of guilt shall be heardby the court, out of the hearing of the jury, prior to the submission ofthe case to the jury, and the court shall determine the existence of theprior guilty pleas or findings of guilt.

(L. 1977 S.B. 60, A.L. 1995 H.B. 424, A.L. 2002 H.B. 1888, A.L. 2003 S.B. 5, A.L. 2005 H.B. 353, A.L. 2009 H.B. 62)