DRAFT CSC, Title 12.  Crimes and Punishment
 
CHAPTER 5
Offenses Against Property

3001.  Definitions.
3002.  Burglary.
3003.  Robbery.
3004.  Larceny from a dwelling house.
3005.  Arson.
3006.  Malicious mischief.
3007.  Trespass.
3008.  Petit larceny.
3009.  Grand larceny.
3010.  Cheating.
3013.  Receiving stolen goods.
3014.  Theft of services.
3015.  Theft by failure to make required disposition of funds received.
3016.  Unauthorized use of vehicle.
3017.  Forgery.
3018.  Obtaining signature by deception.
3019.  Fraudulent destruction, removal, or concealment of recorded instruments.
3020.  Tampering with records.
3021.  Unlawful issuance of bank checks or drafts.
3022.  Grand theft.
3023.  Grand misuse of credit cards.

      3001.  Definitions.
     For the purpose of this Chapter, the following terms shall have the meaning indicated below:

     (1)  "Property" means anything of value, including real estate, tangible and intangible personal property, contract right, choses-in-action, and other interests in or claims to wealth, admission, or transportation, tickets, captured or domestic animals, food and drink, electric or other power.

     (2)  "Property of another" means property which any person other than the defendant has an interest in which the actor is not privileged to infringe, regardless of the fact that the defendant also has an interest, regardless of the fact that the defendant also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband.  Property in possession of the defendant shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

Source:  CSL 6-66, 501.

      3002.  Burglary.

     (1)  A person commits the offense of burglary if he enters a building or occupied structure, or separately occupied or secured portion thereof, with the purpose to commit any felony, assault, or larceny therein, unless the premises are at the time open to the public or the defendant is licensed or privileged to enter.

     (2)  Definition.  "Occupied structure" means any structure, vehicle, vessel, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

     (3)  A person convicted under this Section shall be punished by imprisonment for not more than five years, or a fine of not more than $5,000, or both.

Source:  CSL 6-66, 502.

      3003.  Robbery.

     (1)  A person commits the offense of robbery if he takes away anything of value from the person of another, or from the immediate control of another, by use of threatened use of immediate force or violence.

     (2)  A person convicted under this Section shall be punished by imprisonment for not more than five years, or a fine of not more than $5,000, or both.

Source:  CSL 6-66, 503.

      3004.  Larceny from a dwelling house.

     (1)  A person commits the offense of larceny from a dwelling house if he does unlawfully steal, take and carry away the personal property of another, of any value whatsoever, from his or another. s dwelling house, without the owner. s knowledge or consent, and with the intent to permanently convert it to his own use, but without the force necessary to constitute a burglary.

     (2)  A person convicted under this Section shall be punished by imprisonment of not more than three years, or a fine of not more than $1,000.00, or both.

Source:  CSL 6-66, 504.

      3005.  Arson.

     (1)  A person commits the offense of arson if he starts a fire or causes an explosion with the purpose of:

     (a)  destroying a building or occupies structure of another; or

     (b)  destroying or damaging any property, whether his own or another's, to collect insurance for such loss.  It shall be an affirmative defense to prosecution under this Subsection that the behavior did not recklessly endanger any building or occupied structure of another, or place any person in danger of death or bodily injury.

     (2)  A person convicted under this Section shall be punished by imprisonment for not more than nine years, or a fine of not more than $10,000, or both.

Source:  CSL 6-66, 505.

      3006.  Malicious mischief.

     (1)  A person commits the offense of malicious mischief if he does unlawfully destroy, damage, or otherwise injure property belonging to another, including the property of the State or a municipality thereof, or shall unlawfully throw, discard or scatter upon any public road, street or ground or other land owned, reserved, controlled or maintained, for any purpose other than a public dumping ground, by the government of the State, municipality or other subdivision thereof, any waste material, garbage or other debris, in any form or substance, or otherwise carelessly or willfully litter such places.

     (2)  A person convicted of malicious mischief shall be punished by imprisonment for not more than six months, or a fine of not more than $100.00, or both.

Source:  CSL 6-66, 506.

      3007.  Trespass.

     (1)  A person commits the offense of trespass if he does unlawfully violate or interfere with the peaceful use and possession of the dwelling house, premises, or property of another, whether by force or by stealth.

     (2)  A person convicted of the offense of trespass shall be punished by imprisonment for not more than six months, or a fine of not more than $100.00, or both.

Source:  CSL 6-66, 101.

      3008.  Petit larceny.

     (1)  A person commits the offense of petit larceny if he does unlawfully steal, take and carry away the personal property of another, of the value of less than $200.00, without the owner's knowledge or consent, and with the intent to permanently covert it to his own use.

     (2)  A person convicted of petit larceny shall be punished by imprisonment for not more than six months, or a fine of not more than $100.00, or both.

Source:  CSL 6-66, 508.

      3009.  Grand larceny.

     (1)  A person commits the offense of grand larceny if he does unlawfully steal, take and carry away the personal property of another, of the value of $200.00 or more but less than $5,000.00, without the owner's knowledge or consent, and with the intent to permanently convert it to his own use.

     (2)  A person convicted of grand larceny shall be punished by imprisonment for not more than five years, or a fine of not more than $1,000.00, or both.

Source:  CSL 6-66, 509.

      3010.  Cheating.

     (1)  A person commits the offense of cheating if he does unlawfully obtain the property, services or money of another by false pretenses, knowing the pretenses to be false, and with the intent thereby to permanently defraud the owner thereof.

     (2)  A person convicted of the offense of cheating shall be punished:

     (a)  if the value of the property thus obtained be $200.00 or more but less than $5,000.00, by imprisonment for not more than five years, or a find of not more than $1,000.00, or both.

     (b)  if  the value of the property thus obtained be less than $200.00, by imprisonment for not more than six months, or a fine of not more than six months, or a fine of not more than $100.00, or both.

Source:  CSL 6-66, 510.

      3013.  Receiving stolen goods.
     Every person who purposely receives, retains, or disposes of property of another, believing that it probably has been stolen, unless the property is received, retained, or disposed with purpose to restore it to the owner, shall be guilty of receiving stolen property, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $100,000, or both.

Source:  CSL 6-66, 513.

      3014.  Theft of services.
     Every person who purposely obtains services which he knows are available only for compensation by deception or threat, or by false token or other means to avoid payment for the service, or who having control over the disposition of services of others to which he is not entitled knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto, shall be guilty of theft of services, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $100.00, or both.

Source:  CSL 6-66, 514.

      3015.  Theft by failure to make required disposition of funds received.
     Every person who purposely obtains property upon agreement, or subject to a known legal obligation, to make specified payment or other disposition shall be guilty of theft if he deals with the property so obtained as his own and fails to make the required payment or disposition, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $100.00, or both.

Source:  CSL 6-66, 515.

      3016.  Unauthorized use of vehicle.
     Every person who knowingly operates another person's airplane or motorboat shall be guilty of unauthorized use of a vehicle, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source:  CSL 6-66, 516, as amended by CSL 3-95-18, 2 (516).

      3017.  Forgery.

     (1)  A person commits the offense of forgery if;

     (a)  he forges a writing which is or purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations.

     (2)  Definitions.

     (a)  A person forges a writing if, with the purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, he;

     (i)  alters any writing of another without his authority; or

     (ii)  makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be the act of another who did not authorized that act, or purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or purports to be a copy of an original when no such original existed; or

     (iii)  utters any writing which he knows to be forged in a manner specified in Subparagraphs (i) or (ii) of this Subparagraph.

     (3)  A person convicted of forgery shall be punished by imprisonment for not more than five years, or a fine of not more than $5,000, or both.

Source:  CSL 6-66, 517.

      3018.  Obtaining signature by deception.
     Every person who, with intent to defraud, causes another person, by deception, to sign or execute a written instrument shall be guilty of obtaining signature by deception, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  CSL 6-66, 518.

      3019.  Fraudulent destruction, removal, or concealment of recorded instruments.
     Every person who, with purpose to deceive anyone, destroys, removes or conceals any will, deed mortgage, security instrument or other writing for which the law provides public recording, shall be guilty of fraudulent destruction, removal, or concealment, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  CSL 6-66, 519.

      3020.  Tampering with records.
     Every person who, knowing that he has no privilege to do so, falsifies, destroys, removes or conceals any writing or record with purpose to deceive or injure anyone or to conceal any wrongdoing shall be guilty of tampering with records, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  CSL 6-66, 520.

      3021.  Unlawful issuance of bank checks or drafts.

     (1)  Every person who, for the procurement of any article or thing of value, with intent to defraud or for the payment of any past due obligation, or for any other purpose, with intent to deceive, makes, draws, utters or delivers any check, draft, or order for payment of money upon  bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment, shall be guilty of unlawful issuance of checks, and, if the value of the property thus obtained be $200.00 or more but less than $5,000.00, shall be imprisoned for a period of not more than three years, or fined not more than $100,00, or both.

     (2)  The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee's possession or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment.

     (3)  In this Section, the word "credit" means an arrangement or an understanding expressed or implied, with the bank or other depository for the payment of that check, draft, or order.

Source:  CSL 6-66, 521.

      3022.  Grand theft.

     (1)  Theft.  A person commits the offense of grand theft if he commits theft of property or services with the value of $5,000 or more.

     (2)  Penalty.  A person  convicted of grand theft shall be punished by imprisonment for not more than 10 years.

     (3)  Amount involved.  The amount involved in a theft shall be deemed to be the highest value, by any reasonable standard, of the property or service which the defendant stole or attempted to steal.  Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining whether an offense has been committed.

     (4)  Claim of Right.  It is an affirmative defense to prosecution for theft that the defendant;

     (a)  was unaware that the property or service was that of another; or

     (b)  acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or

     (c)  took property exposes for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

Source:  CSL 191-26, 2 (522).

      3023.  Grand misuse of credit cards.

     (1)  A person commits an offense if he misuses a credit card or credit cards to obtain, within any consecutive six-month period, property or services with the value of $5,000 or more from one or more persons.

     (2)  A person misuses a credit card if he uses a credit card for the purpose of obtaining property or services with knowledge that:

     (a)  the card is stolen or forged; or

     (b)  the card has been revoked or cancelled; or

     (c)  for any other reason his use of the card is unauthorized by the issuer.

     (3)  It is an affirmative defense to prosecution under Paragraph (c) of Subsection (2) of this Section if the actor proves by a preponderance of the evidence that he had the purpose and ability to meet all obligations to the issuer arising out of his use of the card.

     (4)  A person convicted under this Section shall be punished by imprisonment for not more than 10 years.

Source:  CSL 191-26, 2 (523).