To amend chapter 570, RSMo, relating to stealing and related offenses, by enacting two new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 570, RSMo, is amended by adding thereto two new sections, to be known as sections 570.325 and 570.330, to read as follows:

570.325. 1. As used in this act, the following words and phrases shall mean:

(1) "Extra day charge", a charge for the late return of a rented video cassette at the same rate as the daily rental charge rate or the regular per day rental charge rate;

(2) "Member of record", a person who has a video rental store membership and on whose membership a video cassette is rented;

(3) "Video store", a video rental store, supermarket, convenience store or other store that rents video cassettes and issues video rental memberships.

2. A member of record who fails to pay the extra day charges assessed for the late return of a video cassette within thirty days after he receives or should reasonably have received a written demand for its return is liable to the video store for a minimum amount of fifty dollars or three times the amount of the extra day charges, whichever is greater.

3. The written demand shall be sent by registered mail to the member of record's last known address.

4. The damages provided for in this section do not apply unless at the time of the rental of the video cassette the video store conspicuously displayed in the vicinity of the checkout counter a sign that displays the following warnings in block letters not less than one inch in height:

"STATE LAW PROVIDES THAT FAILURE TO PAY THE EXTRA DAY CHARGES DUE ON ANY RENTED VIDEO CASSETTE MAY RESULT IN DAMAGES OF TRIPLE THE AMOUNT OF THE LATE CHARGES, WITH A MINIMUM OF $50.00, AS WELL AS CRIMINAL PENALTIES."

5. The presiding judge may award the prevailing party any court costs, including attorney's fees, in an action brought under this section.

6. Nothing contained in this section shall prohibit recovery upon any other theory of law.

570.330. 1. A person commits the crime of misappropriation of a video cassette if such person:

(1) Intentionally refuses to return a rented video cassette to that store within thirty days after actual receipt of a written demand pursuant to section 570.325 of this act; and

(2) The extra day charges accrued from such refusal to return exceed one hundred dollars.

2. Misappropriation of a video cassette is a class A misdemeanor unless the extra day charges accrued equal one hundred fifty dollars or more, in which case it shall be a class C felony.