Section 16-173 Claim of right.


    (a) A person does not commit an offense under section 16-171 if, at the time of the appropriation, he:

    (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.

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

(Code 1964, § 7.835)

     State law reference(s)--Similar provisions, RSMo. § 570.070.