513.605. Definitions.

Definitions.

513.605. As used in sections 513.600 to 513.645, unless the contextclearly indicates otherwise, the following terms mean:

(1) (a) "Beneficial interest":

a. The interest of a person as a beneficiary under any other trustarrangement pursuant to which a trustee holds legal or record title to realproperty for the benefit of such person; or

b. The interest of a person under any other form of express fiduciaryarrangement pursuant to which any other person holds legal or record titleto real property for the benefit of such person;

(b) "Beneficial interest" does not include the interest of astockholder in a corporation or the interest of a partner in either ageneral partnership or limited partnership. A beneficial interest shall bedeemed to be located where the real property owned by the trustee islocated;

(2) "Civil proceeding", any civil suit commenced by an investigativeagency under any provision of sections 513.600 to 513.645;

(3) "Criminal activity" is the commission, attempted commission,conspiracy to commit, or the solicitation, coercion or intimidation ofanother person to commit any crime which is chargeable by indictment orinformation under the following Missouri laws:

(a) Chapter 195, RSMo, relating to drug regulations;

(b) Chapter 565, RSMo, relating to offenses against the person;

(c) Chapter 566, RSMo, relating to sexual offenses;

(d) Chapter 568, RSMo, relating to offenses against the family;

(e) Chapter 569, RSMo, relating to robbery, arson, burglary andrelated offenses;

(f) Chapter 570, RSMo, relating to stealing and related offenses;

(g) Chapter 567, RSMo, relating to prostitution;

(h) Chapter 573, RSMo, relating to pornography and related offenses;

(i) Chapter 574, RSMo, relating to offenses against public order;

(j) Chapter 575, RSMo, relating to offenses against theadministration of justice;

(k) Chapter 491, RSMo, relating to witnesses;

(l) Chapter 572, RSMo, relating to gambling;

(m) Chapter 311, RSMo, but relating only to felony violations of thischapter committed by persons not duly licensed by the supervisor of liquorcontrol;

(n) Chapter 571, RSMo, relating to weapons offenses;

(o) Chapter 409, RSMo, relating to regulation of securities;

(p) Chapter 301, RSMo, relating to registration and licensing ofmotor vehicles;

(4) "Criminal proceeding", any criminal prosecution commenced by aninvestigative agency under any criminal law of this state;

(5) "Investigative agency", the attorney general's office, or theoffice of any prosecuting attorney or circuit attorney;

(6) "Pecuniary value":

(a) Anything of value in the form of money, a negotiable instrument,a commercial interest, or anything else the primary significance of whichis economic advantage; or

(b) Any other property or service that has a value in excess of onehundred dollars;

(7) "Real property", any estate or legal or equitable interest inland situated in this state or any interest in such real property,including, but not limited to, any lease or deed of trust upon such realproperty;

(8) "Seizing agency", the agency which is the primary employer of theofficer or agent seizing the property, including any agency in which one ormore of the employees acting on behalf of the seizing agency is employed bythe state of Missouri or any political subdivision of this state;

(9) "Seizure", the point at which any law enforcement officer oragent discovers and exercises any control over property that an officer oragent has reason to believe was used or intended for use in the course of,derived from, or realized through criminal activity. Seizure includes butis not limited to preventing anyone found in possession of the propertyfrom leaving the scene of the investigation while in possession of theproperty;

(10) (a) "Trustee":

a. Any person who holds legal or record title to real property forwhich any other person has a beneficial interest; or

b. Any successor trustee or trustees to any of the foregoing persons;

(b) "Trustee" does not include the following:

a. Any person appointed or acting as a personal representative underchapter 475, RSMo, or under chapter 473, RSMo;

b. Any person appointed or acting as a trustee of any testamentarytrust or as trustee of any indenture of trust under which any bonds are orare to be issued.

(L. 1986 S.B. 450 § 5, A.L. 2001 S.B. 5 & 21)