Section 14.67 Stealing

• Library: Criminal Practice 2012 Supp

5. (§14.67) Stealing

Stealing involves the appropriation of “property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion.” Section 570.030.1, RSMo Supp. 2004. “‘Appropriate’ means to take, obtain, use, transfer, conceal or retain possession.” Section 570.010(2), RSMo Supp. 2004. “Deprive” means:

· the permanent withholding of property from the owner;

· restoring the property only upon the payment of a reward or compensation; or

· the use or disposition of the property in a manner making its recovery by the owner unlikely.

Section 570.010(8).

Whether this offense is a felony or a misdemeanor depends on the value of the item taken or what was taken. Section 570.030.3. The monetary value line of distinction is $500. Section 570.030.3(1). Section 570.020, RSMo Supp. 2004, sets forth the rules to be applied in determining value. Generally, it is the market value at the time and place of the theft. See also State v. Saffold, 563 S.W.2d 127 (Mo. App. W.D. 1978). The value of an instrument evidencing a debt is generally deemed to be its face amount. If no value can be determined, it shall be deemed to be under $500. Value can be established by the testimony of the owner’s estimate of the item. State v. Smith, 650 S.W.2d 640 (Mo. App. E.D. 1983). Under § 570.030, the stealing of certain specific types of items is a felony regardless of value; for instance, the theft of anhydrous ammonia is a class C felony. Physically taking the property from the person of a victim is a felony regardless of its value. Section...