Claim of right
If someone takes something but truly believed it was theirs to take, or truly believed the owner would have said it was okay, that person has not committed stealing. The person accused must be the one to bring up this defense in court.
570.070. . — 1. A person does not commit an under section 570.030 if, at the time of the , he or she:
(1) Acted in the honest belief that he had the right to do so; or
(2) Acted in the honest belief that the owner, if present, would have consented to the appropriation.
2. The shall have the of claim of right.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
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