§ 13-70. Failure to return rented personal property.

(a)

A person commits the offense of stealing leased or rented property if, with the intent to deprive the owner thereof, such person:

(1)

Purposefully fails to return leased or rented personal property to the place and within the time specified in an agreement in writing providing for the leasing or renting of such personal property;

(2)

Conceals or aids or abets the concealment of the property from the owner;

(3)

Sells, encumbers, conveys, pawns, loans, abandons or gives away the leased or rented property or any part thereof, without the written consent of the lessor, or without informing the person to whom the property is transferred to that the property is subject to a lease; or

(4)

Returns the property to the lessor at the end of the lease term, plus any agreed upon extensions, but does not pay the lease charges agreed upon in the written instrument, with the intent to wrongfully deprive the lessor of the agreed upon charges.

(b)

The provisions of this section shall apply to all forms of leasing and rental agreements, including, but not limited to, contracts which provide the consumer options to buy the leased or rented personal property, lease-purchase agreements and rent-to-own contracts. For the purpose of determining if a violation of this section has occurred, leasing contracts which provide options to buy the merchandise are owned by the owner of the property until such time as the owner endorses the sale and transfer of ownership of the leased property to the lessee.

(c)

This section shall not apply if such personal property is a vehicle and such return is made more difficult or expensive by a defect in such vehicle which renders such vehicle inoperable, if the lessee shall notify the lessor of the location of such vehicle and such defect before the expiration of the lease or rental agreement, or within ten (10) days after proper notice.

(d)

The evidentiary rules set forth in RSMo 570.057(3) shall apply to this section.

(e)

The offense of stealing leased or rented property having a value of seven hundred fifty dollars ($750.00) or less is a misdemeanor.

(Ord. No. 04-37, § I, 8-10-2004; Ord. No. 17-20, § 1, 6-13-17)