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Chapter 40 - Robbery, Arson, Burglary and Related Offenses

Chapter 40 - Robbery, Arson, Burglary and Related Offenses

46.4001 Definitions.


As used in this chapter:

(a) Enter unlawfully or remain unlawfully: a person "enters unlawfully" or "remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his purpose, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of the premises or another authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.

(b) Forcibly steals: a person "forcibly steals" and thereby commits robbery when, in the course of stealing as defined in 46.4103, he uses or threatens the immediate use of physical force upon another person for the purpose of:

(1) preventing or overcoming resistance to the taking of the property or to the retention of it immediately after the taking; or

(2) compelling the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

(c) "Inhabitable structure" includes a house, fale, building, ship, trailer, airplane, or any other vehicle or structure:

(1) where any person lives or carries on business or other calling;

(2) where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or

(3) which is used for overnight accommodation of persons. Any vehicle or structure is "inhabitable" regardless of whether a person is actually present.

(d) If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an "inhabitable structure of another".

(e) Of another: property 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 in it.

(f) "To tamper" means to interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing.

(g) "Utility" means an enterprise which provides gas, electric, water, sewage disposal, or communication services and any common carrier. It may be either publicly or privately owned or operated.

(h) "Vital public facility" includes a facility maintained for use as a bridge whether over land or water, dam, reservoir, communication installation, or power station.

46.4002 Robbery in the first degree.


(a) A person commits the crime of robbery in the first degree when he forcibly steals property and in the course of it he, or another participant in the crime:

(1) causes serious physical injury to any person;

(2) is armed with a deadly weapon;

(3) uses or threatens the immediate use of a dangerous instrument against any person;

(4) displays or threatens the use of what reasonably appears to any person present to be a deadly weapon or dangerous instrument; or

(5) commits the crime at night.

(b) Robbery in the first degree is a class A felony.

46.4003 Robbery in the second degree.


(a) A person commits the crime of robbery in the second degree when he forcibly steals property.

(b) Robbery in the second degree is a class B felony.

46.4010 Arson in the first degree.


(a) A person commits the crime of arson in the first degree when he knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity to it, by starting a fire or causing an explosion and thereby recklessly places the person in danger of death or serious physical injury.

(b) Arson in the first degree is a class B felony.

46.4011 Arson in the second degree.


(a) A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an explosion.

(b) A person does not commit a crime under this section if:

(1) no person other than himself has a possessory, proprietary, or security interest in the damaged building, or if other persons have those interests, all of them consented to his conduct; and

(2) his sole purpose was to destroy or damage the building for a lawful and proper purpose.

(c) The defendant has the burden of injecting the issue under subsection (b).

(d) Arson in the second degree is a class C felony.

46.4012 Arson in the third degree.


(a) A person commits the crime of arson in the third degree when he damages property of another by starting a fire or causing an explosion.

(b) Arson in the third degree is:

(1) a class D felony if the defendant acted knowingly;

(2) a class A misdemeanor if the defendant acted recklessly; or

(3) a class B misdemeanor if the defendant acted with criminal negligence.

46.4020 Tampering in the first degree.


(a) A person commits the crime of tampering in the first degree if, for the purpose of causing a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, he damages or tampers with property or facilities of that utility or institution, and thereby causes substantial interruption or impairment of service.

(b) Tampering in the first degree is a class D felony.

46.4021 Tampering in the second degree.


(a) 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;

(2) unlawfully operates or 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.

(b) Tampering in the second degree is a class A misdemeanor.

46.4022 Property damage in the first degree.


(a) A person commits the crime of property damage in the first degree if:

(1) he knowingly damages property of another to an extent exceeding $1,000; or

(2) he damages property to an extent exceeding $1,000 for the purpose of defrauding an insurer.

(b) Property damage in the first degree is a class D felony.

46.4023 Property damage in the second degree.


(a) A person commits the crime of property damage in the second degree if:

(1) he knowingly damages property of another to an extent exceeding $100; or

(2) he damages property to an extent exceeding $100 for the purpose of defrauding an insurer.

(b) Property damage in the second degree is a class A misdemeanor.

46.4024 Property damage in the third degree.


(a) A person commits the crime of property damage in the third degree if:

(1) he knowingly damages property of another; or

(2) he damages property for the purpose of defrauding an insurer.

(b) Property damage in the third degree is a class B misdemeanor.

46.4025 Claim of right.


(a) A person does not commit an offense by damaging, tampering with, operating, riding in or upon, or making connection with property of another if he does so under a claim of right and has reasonable grounds to believe he has that right.

(b) The defendant has the burden of injecting the issue of claim of right.

46.4026 Trespass.


(a) A person commits the crime of trespass is he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

(b) A person does not commit the crime of trespass by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

(1) actual communication to the actor; or

(2) posting in a manner reasonably likely to come to the attention of intruders.

(c) Trespass is a class B misdemeanor.

46.4030 Burglary in the first degree.


(a) A person commits the crime of burglary in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime there, and when in effecting entry or while in the building or inhabitable structure or in immediate flight from there, he or another participant in the crime:

(1) is armed with explosives or a deadly weapon;

(2) causes or threatens immediate physical injury to any person who is not a participant in the crime; or

(3) commits the crime at night.

(b) Burglary in the first degree is a class B felony.

46.4031 Burglary in the second degree.


(a) A person commits the crime of burglary in the second degree when he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime there.

(b) Burglary in the second degree is a class C felony.

46.4032 Possession of burglar's tools.


(a) A person commits the crime of possession of burglar's tools if he possesses any tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using them in making an unlawful forcible entry into a building or inhabitable structure or a room of it.

(b) Possession of burglar's tools is a class D felony.