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6182
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Last modified
12/6/2004 2:47:36 PM
Creation date
11/5/2014 12:22:05 PM
Metadata
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Template:
City Ordinances
Passed
8/31/1998
Ordinance Number
6182
Bill Number
8400
Introdate
8/17/1998
Description
Amdg Sect. 23-32.2, 23-32.3, 23-32.4, Stealing Offenses, to conform with State Law.
Introduced By
Sharpe
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as restitution or indemnification for harm done in the circumstances to which the <br />accusation, exposure, lawsuit or other official action relates, or as compensation for <br />property or lawful service. The defendant shall have the burden of injecting the issue <br />of justification as to any threat; <br /> <br />"Deceit" means purposely making a representation which is false and which the actor <br />does not believe to be true and upon which the victim relies, as to a matter of fact, <br />lax,,-, value, intention or other state of mind. The term "deceit" does not, however, <br />include falsity as to matters having no pecuniary significance, or puffing by <br />statements unlikely to deceive ordinary persons in the group addressed. Deception <br />as to the actor's intention to perform a promise shall not be inferred from the fact <br />alone that he or she did not subsequently perform the promise; <br /> <br />"Deprive" means: <br />a. To withhold property from the owner permanently; or <br />b. To restore property only upon payment of reward or other compensation; or <br />c. To use or dispose of property in a manner that makes recovery o fthe property <br /> by the owner unlikely; <br /> <br />"Of another" property or services is that "of another" if any natural person, <br />corporation, partnership, association, governmental subdivision or instrumentality, <br />other than the actor, has a possessory or proprietary interest therein, except that <br />property shalI not be deemed property of another who has only a security interest <br />therein, even if legal title is in the creditor pursuant to a conditional sales contract or <br />other security arrangement; <br /> <br />"Property" means anything of value, whether real or personal, tangible or intangible, <br />in possession or in action, and shall include but not be limited to the evidence of a <br />debt actually executed but not delivered or issued as a valid instrument; <br /> <br />"Receiving" means acquiring possession, control or title or lending on the security <br />of the property; <br /> <br />"Services" includes transportation, telephone, electricity, gas, water, or other public <br />service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions <br />and use of vehicles. <br /> <br /> Section 2. This ordinance shall not be construed so as to relieve any person, firm or <br />corporation from any penalty heretofore incurred by the violation of Section 23-32.2, nor bar the <br />prosecution for any such violation. <br /> <br /> Section 3. Any person, firm or corporation violating any of the provisions of this <br />ordinance shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Section <br />1-8 of the Municipal Code of the City of University City, Missouri. <br /> Section 4. This ordinance shall take effect and be in force from and after its passage as <br /> <br /> <br />
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