Terms Used In Missouri Laws > Chapter 14 - Collection of United States Revenue

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adult arcade: means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas. See Missouri Laws 573.010
• Adult cabaret: a nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude. See Missouri Laws 573.010
• Adult motion picture theater: means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five persons for any form of consideration. See Missouri Laws 573.010
• adult video store: means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. See Missouri Laws 573.010
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Aggravated boating offender: a person who has been found guilty of:

  (a) Three or more intoxication-related boating offenses. See Missouri Laws 577.001

• Aggravated offender: a person who has been found guilty of:

  (a) Three or more intoxication-related traffic offenses committed on separate occasions. See Missouri Laws 577.001

• All-terrain vehicle: any motorized vehicle manufactured and used exclusively for off-highway use, with an unladen dry weight of one thousand five hundred pounds or less, traveling on three, four or more nonhighway tires, with either:

  (a) A seat designed to be straddled by the operator, or with a seat designed to carry more than one person, and handlebars for steering control. See Missouri Laws 577.001

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• arresting officer: includes the definition of law enforcement officer in section 556. See Missouri Laws 577.001
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bookmaking: advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events. See Missouri Laws 572.010
• Characterized by: describing the essential character or dominant theme of an item. See Missouri Laws 573.010
• Child: any person under the age of fourteen. See Missouri Laws 573.010
• Chronic boating offender: a person who has been found guilty of:

  (a) Four or more intoxication-related boating offenses. See Missouri Laws 577.001

• Chronic offender: a person who has been found guilty of:

  (a) Four or more intoxication-related traffic offenses committed on separate occasions. See Missouri Laws 577.001

• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contest of chance: any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that the skill of the contestants may also be a factor therein. See Missouri Laws 572.010
• Continuous alcohol monitoring: automatically testing breath, blood, or transdermal alcohol concentration levels and tampering attempts at least once every hour, regardless of the location of the person who is being monitored, and regularly transmitting the data. See Missouri Laws 577.001
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: a drug, substance, or immediate precursor in schedules I to V listed in section 195. See Missouri Laws 577.001
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: any circuit, associate circuit, or municipal court, including traffic court, but not any juvenile court or treatment court. See Missouri Laws 577.001
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Employ: "employee", or "employment", any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. See Missouri Laws 573.010
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Explicit sexual material: any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. See Missouri Laws 573.010
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Flight crew member: the pilot in command, copilots, flight engineers, and flight navigators. See Missouri Laws 577.001
• following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
• Fraud: Intentional deception resulting in injury to another.
• Furnish: to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide. See Missouri Laws 573.010
• Gambling: a person engages in gambling when he or she stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his or her control or influence, upon an agreement or understanding that he or she will receive something of value in the event of a certain outcome. See Missouri Laws 572.010
• Gambling device: any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person with a machine. See Missouri Laws 572.010
• Gambling record: any article, instrument, record, receipt, ticket, certificate, token, slip or notation used or intended to be used in connection with unlawful gambling activity. See Missouri Laws 572.010
• General election: means the election required to be held on the Tuesday succeeding the first Monday of November, biennially. See Missouri Laws 1.020
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
• Habitual boating offender: a person who has been found guilty of:

  (a) Five or more intoxication-related boating offenses. See Missouri Laws 577.001

• Habitual offender: a person who has been found guilty of:

  (a) Five or more intoxication-related traffic offenses committed on separate occasions. See Missouri Laws 577.001

• Identifiable minor: means a person who was a minor at the time the visual depiction was created, adapted, or modified. See Missouri Laws 573.010
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• intoxicated condition: when a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof. See Missouri Laws 577.001
• Intoxication-related boating offense: operating a vessel while intoxicated. See Missouri Laws 577.001
• Intoxication-related traffic offense: driving while intoxicated, driving with excessive blood alcohol content, driving under the influence of alcohol or drugs in violation of a state law, county or municipal ordinance, any federal offense, or any military offense, or an offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense. See Missouri Laws 577.001
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Juror: A person who is on the jury.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Material: anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. See Missouri Laws 573.010
• Minor: any person less than eighteen years of age. See Missouri Laws 573.010
• Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
• Oath: A promise to tell the truth.
• Obscene: any material or performance if, taken as a whole:

  (a) Applying contemporary community standards, its predominant appeal is to prurient interest in sex. See Missouri Laws 573.010

• Operator: any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises. See Missouri Laws 573.010
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Performance: any play, motion picture film, videotape, dance or exhibition performed before an audience of one or more. See Missouri Laws 573.010
• Persistent boating offender: a person who has been found guilty of:

  (a) Two or more intoxication-related boating offenses committed on separate occasions. See Missouri Laws 577.001

• Persistent offender: a person who has been found guilty of:

  (a) Two or more intoxication-related traffic offenses committed on separate occasions. See Missouri Laws 577.001

• person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Player: a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. See Missouri Laws 572.010
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• policy: an unlawful gambling scheme in which for a consideration the participants are given an opportunity to win something of value, the award of which is determined by chance. See Missouri Laws 572.010
• Pornographic for minors: any material or performance if the following apply:

  (a) The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors. See Missouri Laws 573.010

• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Premises: the real property upon which a sexually oriented business is located, and all appurtenances thereto and buildings thereon, including but not limited to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages or both. See Missouri Laws 573.010
• Prior boating offender: a person who has been found guilty of one intoxication-related boating offense, where such prior offense occurred within five years of the occurrence of the intoxication-related boating offense for which the person is charged. See Missouri Laws 577.001
• Prior offender: a person who has been found guilty of one intoxication-related traffic offense, where such prior offense occurred within five years of the occurrence of the intoxication-related traffic offense for which the person is charged. See Missouri Laws 577.001
• Private property: any place which at the time of the offense is not open to the public. See Missouri Laws 574.005
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Promote: to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same, by any means including a computer. See Missouri Laws 573.010
• Property: includes real and personal property. See Missouri Laws 1.020
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public place: any place which at the time of the offense is open to the public. See Missouri Laws 574.005
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regularly: the consistent and repeated doing of the act so described. See Missouri Laws 573.010
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sadomasochistic abuse: flagellation or torture by or upon a person as an act of sexual stimulation or gratification. See Missouri Laws 573.010
• Semi-nude model studio: means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. See Missouri Laws 573.010
• Service of process: The service of writs or summonses to the appropriate party.
• Sexual conduct: actual or simulated, normal or perverted acts of human masturbation. See Missouri Laws 573.010
• Sexual encounter center: means a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons when one or more of the persons is semi-nude. See Missouri Laws 573.010
• Sexual performance: any performance, or part thereof, which includes sexual conduct by a child who is less than eighteen years of age. See Missouri Laws 573.010
• Sexually explicit conduct: actual or simulated:

  (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex. See Missouri Laws 573.010

• Sexually oriented business: includes :

  (a) An adult bookstore or adult video store. See Missouri Laws 573.010

• Slot machine: a gambling device that as a result of the insertion of a coin or other object operates, either completely automatically or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value. See Missouri Laws 572.010
• Something of value: any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge. See Missouri Laws 572.010
• Specified anatomical areas: include :

  (a) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola. See Missouri Laws 573.010

• State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
• state of nudity: the showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola. See Missouri Laws 573.010
• state of semi-nudity: the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the male or female buttocks. See Missouri Laws 573.010
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Substantial: at least thirty percent of the item or items so modified. See Missouri Laws 573.010
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes such district and territories. See Missouri Laws 1.020
• Unlawful: not specifically authorized by law. See Missouri Laws 572.010
• Verdict: The decision of a petit jury or a judge.
• Visual depiction: includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image. See Missouri Laws 573.010
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.