578.150. Failure to return rented personal property--prima facie evidence, when--law enforcement procedure--penalty--venue--notice, contents--exception. - Missouri Statutes

Failure to return rented personal property--prima facie evidence,when--law enforcement procedure--penalty--venue--notice,contents--exception.

578.150. 1. A person commits the crime of failing to return leasedor rented property if, with the intent to deprive the owner thereof, hepurposefully fails to return leased or rented personal property to theplace and within the time specified in an agreement in writing providingfor the leasing or renting of such personal property. In addition, anyperson who has leased or rented personal property of another who concealsthe property from the owner, or who otherwise sells, pawns, loans, abandonsor gives away the leased or rented property is guilty of the crime offailing to return leased or rented property. The provisions of thissection shall apply to all forms of leasing and rental agreements,including, but not limited to, contracts which provide the consumer optionsto buy the leased or rented personal property, lease-purchase agreementsand rent-to-own contracts. For the purpose of determining if a violationof this section has occurred, leasing contracts which provide options tobuy the merchandise are owned by the owner of the property until such timeas the owner endorses the sale and transfer of ownership of the leasedproperty to the lessee.

2. It shall be prima facie evidence of the crime of failing to returnleased or rented property when a person who has leased or rented personalproperty of another willfully fails to return or make arrangementsacceptable with the lessor to return the personal property to its owner atthe owner's place of business within ten days after proper notice followingthe expiration of the lease or rental agreement, except that if the motorvehicle has not been returned within seventy-two hours after the expirationof the lease or rental agreement, such failure to return the motor vehicleshall be prima facie evidence of the intent of the crime of failing toreturn leased or rented property. Where the leased or rented property is amotor vehicle, if the motor vehicle has not been returned withinseventy-two hours after the expiration of the lease or rental agreement,the lessor may notify the local law enforcement agency of the failure ofthe lessee to return such motor vehicle, and the local law enforcementagency shall cause such motor vehicle to be put into any appropriate stateand local computer system listing stolen motor vehicles. Any lawenforcement officer which stops such a motor vehicle may seize the motorvehicle and notify the lessor that he may recover such motor vehicle afterit is photographed and its vehicle identification number is recorded forevidentiary purposes. Where the leased or rented property is not a motorvehicle, if such property has not been returned within the ten-day periodprescribed in this subsection, the owner of the property shall report thefailure to return the property to the local law enforcement agency, andsuch law enforcement agency may within five days notify the person wholeased or rented the property that such person is in violation of thissection, and that failure to immediately return the property may subjectsuch person to arrest for the violation.

3. This section shall not apply if such personal property is avehicle and such return is made more difficult or expensive by a defect insuch vehicle which renders such vehicle inoperable, if the lessee shallnotify the lessor of the location of such vehicle and such defect beforethe expiration of the lease or rental agreement, or within ten days afterproper notice.

4. Proper notice by the lessor shall consist of a written demandaddressed and mailed by certified or registered mail to the lessee at theaddress given at the time of making the lease or rental agreement. Thenotice shall contain a statement that the failure to return the propertymay subject the lessee to criminal prosecution.

5. Any person who has leased or rented personal property of anotherwho destroys such property so as to avoid returning it to the owner shallbe guilty of property damage pursuant to section 569.100 or 569.120, RSMo,in addition to being in violation of this section.

6. Venue shall lie in the county where the personal property wasoriginally rented or leased.

7. Failure to return leased or rented property is a class Amisdemeanor unless the property involved has a value of five hundreddollars or more, in which case failing to return leased or rented propertyis a class C felony.

(L. 1981 H.B. 78 § 1, A.L. 1992 H.B. 958, A.L. 1993 S.B. 180, A.L. 2002 H.B. 1888)

*Transferred 1983; formerly 578.020

(1991) Statute does not clearly express a prohibition with criminal penalty for failure to return personal property which is the subject of a rental agreement which is also a sale agreement. The intent of the legislature is to protect owners from renters who fail to return rental property. There is no language to grant criminal protection to owners who agree to sell at the same time they agree to rent. State v. Harrison, 805 S.W.2d 241 (Mo.App.E.D.).