569.090. Tampering in the second degree — penalties. — 1. A person commits the offense of tampering in the second degree if he or she:
(1) Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
(2) Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
(3) Tampers or makes connection with property of a utility; or
(4) Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
(a) To prevent the proper measuring of electric, gas, steam or water service; or
(b) To permit the diversion of any electric, gas, steam or water service.
2. In any prosecution under subdivision (4) of subsection 1, proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one or more of the effects described in subdivision (4) of subsection 1, shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
3. Tampering in the second degree is a class A misdemeanor unless:
(1) Committed as a second or subsequent violation of subdivision (4) of subsection 1, in which case it is a class E felony; or
(2) The defendant has a prior conviction or has previously been found guilty pursuant to paragraph (a) of subdivision (3) of subsection 5 of section 570.030, or subdivision (2) of subsection 1 of this section, in which case it is a class D felony.
Notes of Decisions
Cited in
31
cases (
1 in the last 5 years), 1981–2023 · leading case:
State v. Davidson, 521 S.W.3d 637 (Mo. Ct. App. 2017).
State v. Davidson, 521 S.W.3d 637 (Mo. Ct. App. 2017).
· cites it 3× “Section 569.090, RSMo Cum. Supp. 2013, states in relevant part: Tampering in the second degree.”
Peiffer v. State, 88 S.W.3d 439 (Mo. 2002).
· cites it 2× “In comparison, second-degree tampering is defined in section 569.090, which provides in pertinent part: 1.”
State v. Moland, 626 S.W.2d 368 (Mo. 1982).
· cites it 3× “6 submitted tampering in the second degree, a class A misdemeanor, Section 569.090, RSMo; MAI-CR2d 23.22.2 and 2.”
State v. Callen, 45 S.W.3d 888 (Mo. 2001).
· cites it 6× “090, RSMo [harassment]; subdivision (1) of subsection 1 of section 569.090, RSMo [tampering in the second degree]; subdivision (1) of subsection 1 of section 569.”
State v. Hyde, 682 S.W.2d 103 (Mo. Ct. App. 1984).
· cites it 3× “Based on these facts defendant was convicted of tampering in the second degree as a prior and persistent offender.”
State v. Ferguson, 678 S.W.2d 873 (Mo. Ct. App. 1984).
· cites it 3× “Section 569.090, RSMo.1978 provides: “1. A person commits the crime of tampering in the second degree if he: (1) Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or (2) Unlawfully operates or rides in or upon…”
State v. Deloch, 628 S.W.2d 954 (Mo. Ct. App. 1982).
· cites it 5× “In his second point on appeal defendant contends the court erred in refusing to instruct the jury on the offense of tampering in the second degree, § 569.090 RSMo. 1978, because the evidence supported such an instruction.”
State v. Orton, 178 S.W.3d 589 (Mo. Ct. App. 2005).
· cites it 3× “” Section 569.090 RSMo 2000. 1 Property damage in the second degree is committed if a person “knowingly damages property of another.”
State v. Ivy, 455 S.W.3d 13 (Mo. Ct. App. 2014).
· cites it 2× “015, and one count of second-degree tampering with a motor vehicle, Section 569.090. In March 2012, a jury found Ivy guilty of second-degree tampering.”
State v. St. Clair, 643 S.W.2d 605 (Mo. Ct. App. 1982).
· cites it 6× “” Section 569.090, RSMo 1978 provides: “Section 569.”
State v. Dowdy, 774 S.W.2d 504 (Mo. Ct. App. 1989).
· cites it 2× “Tampering with utility metersecond or subsequent violation, § 569.090. Armed criminal actionrepetitive offense, § 571.”
State v. Winkelmann, 761 S.W.2d 702 (Mo. Ct. App. 1988).
· cites it 2× “Section 569.090, R.S.Mo.1986. He contends that he did not intend to steal the car, but “intended to stop the wife from selling the same and disposing of his interest in the same.”
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