To repeal section 570.010, RSMo 1994, relating to livestock theft, and to enact in lieu thereof 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Section A. Section 570.010, RSMo 1994, is repealed and two new sections enacted in lieu thereof to be known as sections 570.010 and 570.035, to read as follows:

570.010. As used in this chapter:

(1) "Animal", any living vertebrate including livestock as defined in subdivision (9) of this section and not a human being;

(2) "Adulterated" means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulations of this state lawfully filed, or if none, as set by commercial usage;

[(2)] (3) "Appropriate" means to take, obtain, use, transfer, conceal or retain possession of;

[(3)] (4) "Coercion" means a threat, however communicated:

(a) To commit any crime; or

(b) To inflict physical injury in the future on the person threatened or another; or

(c) To accuse any person of any crime; or

(d) To expose any person to hatred, contempt or ridicule; or

(e) To harm the credit or business repute of any person; or

(f) To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or

(g) To inflict any other harm which would not benefit the actor. A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat;

[(4)] (5) "Credit device" means a writing, number or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer;

[(5)] (6) "Dealer" means a person in the business of buying and selling goods;

[(6)] (7) "Deceit" means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term "deceit" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;

[(7)] (8) "Deprive" means:

(a) To withhold property from the owner permanently; or

(b) To restore property only upon payment of reward or other compensation; or

(c) To use or dispose of property in a manner that makes recovery of the property by the owner unlikely;

(9) "Livestock" means horses, buffalo, cattle, swine, sheep, goats, ratite birds including but not limited to ostrich and emu, poultry, elk, fish and other domesticated animals or birds;

[(8)] (10) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulations of this state lawfully filed, or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled as to quality and quantity;

[(9)] (11) "Of another" property or services is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein, except that property 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 arrangement;

[(10)] (12) "Property" means anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument;

[(11)] (13) "Receiving" means acquiring possession, control or title or lending on the security of the property;

[(12)] (14) "Services" includes transportation, telephone, electricity, gas, water, or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles;

[(13)] (15) "Writing" includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks and any other symbols of value, right, privilege or identification.

570.035. 1. A person commits the crime of livestock theft if he willfully takes another's livestock with the intent to deprive him of such livestock.

2. Livestock theft is a class C felony if a person takes at least two but no more than ten livestock in violation of subsection 1 of this section, or a class A misdemeanor if the value of the livestock is less than one hundred fifty dollars.

3. Livestock theft is a class B felony if a person takes eleven or more livestock in violation of subsection one of this section, or a class A misdemeanor if the value of the livestock is less than one hundred fifty dollars.