Section 570.210

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 570

Effective - 28 Aug 2004, 3 histories, see footnote   (history) 

  *570.210.  Until December 31, 2016 — Library theft, penalty. — 1.  A person commits the crime of library theft if with the purpose to deprive, such person:

  (1)  Knowingly removes any library material from the premises of a library without authorization; or

  (2)  Borrows or attempts to borrow any library material from a library by use of a library card:

  (a)  Without the consent of the person to whom it was issued; or

  (b)  Knowing that the library card is revoked, cancelled or expired; or

  (c)  Knowing that the library card is falsely made, counterfeit or materially altered; or

  (3)  Borrows library material from any library pursuant to an agreement or procedure established by the library which requires the return of such library material and, with the purpose to deprive the library of the library material, fails to return the library material to the library; or

  (4)  Knowingly writes on, injures, defaces, tears, cuts, mutilates, or destroys a book, document, or other library material belonging to, on loan to, or otherwise in the custody of a library.

  2.  It shall be prima facie evidence of the person's purpose to deprive the library of the library materials if, within ten days after notice in writing deposited as certified mail from the library demanding the return of such library material, such person without good cause shown fails to return the library material.  A person is presumed to have received the notice required by this subsection if the library mails such notice to the last address provided to the library by such person.  Payment to the library, in an amount equal to the fair market value of an item of no historical significance shall be considered returning the item for purposes of this subsection.

  3.  The crime of library theft is a class C misdemeanor if the value of the library materials is less than five hundred dollars.  The crime of library theft is a class C felony if the value of the library material is between five hundred dollars and twenty-five thousand dollars.  The crime of library theft is a class B felony if the value of the library material is greater than twenty-five thousand dollars.

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(L. 1986 S.B. 450, A.L. 2002 H.B. 1888, A.L. 2004 S.B. 1211)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.