City of Shrewsbury, MO Article II Offenses Against the Person

Section 210.120 Assault. [1]

A. A person commits the offense of assault if:

1. The person attempts to cause or recklessly causes physical injury, physical pain or illness to another person;

2. With criminal negligence the person causes physical injury to another person by means of a firearm;

3. The person purposely places another person in apprehension of immediate physical injury;

4. The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;

5. The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or

6. The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

[1] Editor's Note: As to assault of certain other persons, see the definition of "special victim" as set out in Section 210.010 of this Chapter.

Section 210.125 Domestic and Family Violence Code.

[Ord. No. 2281 §1, 2-27-2001; Ord. No. 2445 §1, 10-10-2005]

A. This Section shall be known and cited as the "Domestic and Family Violence Code".

B. This Section shall be construed to promote:

1. The protection and safety of all victims of domestic or family violence in a fair, prompt and effective manner;

2. The prevention of future violence in all families; and

3. Batterer accountability.

C. Definitions. Unless the context otherwise requires, as used in this Section:

DOMESTIC OR FAMILY VIOLENCE

The occurrence of one (1) or more of the acts listed under Subsection (D) of this Section and done by a family or household member, but does not include acts of self-defense.

FAMILY OR HOUSEHOLD MEMBERS

Include

1. Persons who are current or former spouses;

2. Persons who live together or who have lived together;

3. Persons who are dating or who have dated;

4. Persons who are engaged in or who have engaged in a sexual relationship;

5. Persons who are related by blood or adoption;

6. Persons who are related or formerly related by marriage; and

7. Persons who have a child in common.

For the purposes of this Section, minor children who are seventeen (17) years of age or under of a person in a relationship that is described in Subparagraphs (1) through (7) can be included as victims; and minor children who are seventeen (17) years of age or under of a person in a relationship that is described in Subparagraphs (1) through (7) can be included in the list of perpetrators.

PROGRAM FOR VICTIMS OF DOMESTIC OR FAMILY VIOLENCE

A specialized program for victims of domestic or family violence and their children that provides advocacy, shelter, crisis intervention, social services, treatment, counseling, education or training.

PROGRAM OF INTERVENTION FOR PERPETRATORS

A specialized program that accepts perpetrators of domestic or family violence into batterer intervention programs that are members of the Association of Batterer Intervention Programs to satisfy court orders and offers them classes or instruction.

SAFETY PLAN

A written or oral outline of actions to be taken by a victim of domestic or family violence to secure protection and support after making an assessment of the dangerousness of the situation.

D. Offense Involving Domestic Or Family Violence Defined. An "offense involving domestic or family violence" occurs when a family or household member commits one (1) or more of the following offenses as listed under this Section against another family or household member:

1. Domestic assault;

2. Domestic destruction, damage or vandalism of property;

3. Domestic petty larceny;

4. Domestic unlawful possession of stolen property;

5. Domestic peace disturbance;

6. Domestic peace disturbance—loud noise;

7. Domestic trespassing;

8. Domestic harassment;

9. Domestic stalking;

10. Domestic tampering with a victim or witness;

11. Violation of orders of protection.

E. Adult Abuse—Definitions. For the purpose of prosecutions under Section 210.125(G) for violating an adult order of protection, the following terms, in accordance with Section 455.010, RSMo., shall have the meanings ascribed to them herein, unless the context clearly indicates otherwise:

ABUSE

Includes, but is not limited to, the occurrence of any of the following acts, attempts or threats against a person who may be protected under a valid protective order issued by the State of Missouri or any other State within the United States.

1. ASSAULT — Purposely or knowingly placing or attempting to place another in fear of physical harm.

2. BATTERY — Purposely or knowingly causing physical harm to another with or without a deadly weapon.

3. COERCION — Compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain.

4. HARASSMENT — Engaging in a purposeful or knowing course of conduct involving more than one (1) incident that alarms or causes distress to another person and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner. Such conduct might include, but is not limited to, the following:

a. Following another about in a public place or places;

b. Peering in the window or lingering outside the residence of another, but does not include constitutionally protected activity.

5. SEXUAL ASSAULT Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force or duress.

6. UNLAWFUL IMPRISONMENT Holding, confining, detaining or abducting another person against that person's will.

ADULT

Any person seventeen (17) years of age or older or otherwise emancipated.

COURT

The Circuit or Associate Circuit Judge or a Family Court Commissioner.

EX PARTE ORDER OF PROTECTION

An order of protection issued by a court before the respondent has received notice of the petition or an opportunity to be heard on it.

FAMILY OR HOUSEHOLD MEMBER

Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together or have resided together in the past, a person who is or has been in a continuing social relationship of a romantic nature with the victim, and persons who have a child in common regardless of whether they have been married or have resided together at any time.

FULL ORDER OF PROTECTION

An order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard.

ORDER OF PROTECTION

Either an ex parte order of protection or a full order of protection.

PETITIONER

A family or household member or a person who has been the victim of domestic violence who has filed a verified petition under the provisions of Section 455.020, RSMo.

RESPONDENT

The family or household member or person alleged to have committed an act of domestic violence, against whom a verified petition has been filed.

STALKING

When a person purposely and repeatedly harasses or follows with the intent of harassing another person. As used in this paragraph, "harass" means to engage in a course of conduct directed at a specific person that serves no legitimate purpose, that would cause a reasonable person to suffer substantial emotional distress. As used in this subdivision, "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct".

F. Child Protection Orders Definitions. For the purpose of prosecutions under Section 210.125(G) for violation of a child order of protection, the following terms, in accordance with Section 455.010, RSMo., shall have the meanings ascribed to them herein, unless the context clearly indicates otherwise:

ABUSE

Any physical injury, sexual abuse or emotional abuse inflicted on a child other than by accidental means by an adult household member, or stalking of a child. Discipline, including spanking, administered in a reasonable manner shall not be construed to be abuse.

ADULT HOUSEHOLD MEMBER

Any person seventeen (17) years of age or older or an emancipated child who resides with the child in the same dwelling unit.

CHILD

Any person under seventeen (17) years of age.

COURT

The Circuit or Associate Circuit Judge or a Family Court Commissioner.

EX PARTE ORDER OF PROTECTION

An order of protection issued by the court before the respondent has received notice of the petition or an opportunity to be heard on it.

FULL ORDER OF PROTECTION

An order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard.

ORDER OF PROTECTION

Either an ex parte order of protection or a full order of protection.

PETITIONER

A person authorized to file a verified petition under the provisions of Sections 455.503 and 455.505, RSMo.

RESPONDENT

The adult household member, emancipated child or person stalking the child against whom a verified petition has been filed.

STALKING

Purposely and repeatedly harassing or following with the intent of harassing a child. As used in this subdivision, "harassing" means engaging in a course of conduct directed at a specific child that serves no legitimate purpose, that would cause a reasonable adult to believe the child would suffer substantial emotional distress. As used in this subdivision, "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Constitutionally protected activity" is not included within the meaning of "course of conduct".

VICTIM

A child who is alleged to have been abused by an adult household member.

G. Violation Of Orders Of Protection.

1. The respondent of an ex parte or full order of protection for an adult, of which the respondent has notice, shall not violate the terms and conditions of such order with regard to abuse, stalking, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit.

2. The respondent of an ex parte or a full order of protection for a child, of which the respondent has notice, shall not violate the terms and conditions of such order with regard to abuse, child custody or entrance upon the premises of the victim's dwelling unit.

H. Domestic Assault. No person shall commit an act of domestic assault. A person commits such an act if the person does any of the following:

1. Attempts to cause or recklessly causes physical injury to a family or household member; or

2. With criminal negligence, causes physical injury to a family or household member by means of a deadly weapon or dangerous instrument; or

3. Purposely places a family or household member in apprehension of immediate physical injury by any means; or

4. Recklessly engages in conduct which creates a grave risk of death or serious physical injury to a family or household member; or

5. Knowingly causes physical contact with a family or household member knowing the other person will regard the contact as offensive; or

6. Knowingly attempts to cause or causes the isolation of a family or household member by unreasonably and substantially restricting or limiting such family or household member's access to other persons, telecommunication devices or transportation for the purpose of isolation.

I. Domestic Destruction, Damage Or Vandalism Of Property. No person shall willfully destroy, damage or injure any property of a family or household member of any kind whatsoever which does not belong to said person.

J. Domestic Petty Larceny. No person shall steal, take or carry away any article of value which is the property of a family or household member.

K. Domestic Unlawful Possession Of Stolen Property.

1. No person shall buy or in any way receive or possess any personal property which has been unlawfully taken from a family or household member.

2. Proof that the personal property has been unlawfully taken from the possession or control of a family or household member, and that within six (6) months after said unlawful taking said property has been in the possession or under the control of the accused, shall be deemed sufficient evidence to authorize conviction, unless possession of said property is satisfactorily explained by proof that either:

a. Before buying or receiving or coming into possession of said property, a diligent and good faith inquiry was made as to the source of said property sufficient to provide a reasonable belief that said property had not been taken unlawfully from another; or

b. The property was acquired at a price and under circumstances sufficient to provide a reasonable belief that said property had not been taken unlawfully from another; or

c. The accused complied with Section 447.010, RSMo., relating to the duty of persons finding lost property.

L. Domestic Disturbance Of The Peace. No person shall unreasonably and knowingly disturb or alarm any family or household member by threatening or offensive language addressed in a face-to-face manner to that individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient or by physically threatening, challenging or fighting that person.

M. Domestic Disturbance Of The Peace—Loud Noise.

1. No person shall play any radio, music player such as a "boom box", tape cassette, disc player, television, audio system or musical instrument in a manner or at a volume that disturbs the peace of any other reasonable family or household member; except however, that nothing herein shall be construed to prohibit an otherwise lawful public concert or public performance.

2. It shall be unlawful to speak, shout, sing or create any noise at a volume that disturbs the peace of any other reasonable family or household member, except that nothing herein shall be construed to prohibit the summoning of assistance in an emergency.

3. For the purpose of prosecution under this Section, it shall be presumed that any speech, song or noise, or the playing of any radio, music player such as a "boom box", tape cassette, disc player, television, audio system or musical instrument is disturbing to the peace of another reasonable family or household member if the volume is such that it is plainly audible to persons more than fifty (50) feet away from the source of the noise.

N. Domestic Trespassing.

1. No person without lawful authority, or without the expressed or implied consent of the family or household member or his agent, shall enter any building or enter on any enclosed or improved real estate, lot or parcel of ground, or being upon the land of another shall fail or refuse to leave the same when requested to do so by the family or household member lawfully in possession thereof, his agent or representative.

2. For the purpose of this Section, "implied consent", as it relates to persons making deliveries on private property, extends only to sidewalks or other identifiable walkways, where available, and does not extend to lawns or other private property if such a sidewalk is available.

O. Domestic Harassment. No person shall, for the purpose of frightening or disturbing another family or household member:

1. Communicate in writing or by telephone a threat to commit any felony, misdemeanor or ordinance violation, or act of violence; or

2. Make a telephone call or communicate in writing and use coarse language offensive to one of average sensibility; or

3. Make a telephone call anonymously; or

4. Make repeated telephone calls to the same person or telephone number.

P. Domestic Stalking.

1. Definitions. As used in this Subsection, the following terms shall have the meanings ascribed to them:

COURSE OF CONDUCT

A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Constitutionally protected activity" is not included within the meaning of "course of conduct". Such constitutionally protected activity includes picketing or other organized protests.

CREDIBLE THREAT

A threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause physical injury to, a person.

HARASS

To engage in a course of conduct directed at a specific person that serves no legitimate purpose, that would cause a reasonable person to suffer substantial emotional distress and that actually causes substantial emotional distress to that person.

2. No person shall purposely and repeatedly harass or follow with the intent of harassing another family or household member or harass another family or household member, and make a credible threat with the intent to place that person in reasonable fear of death or physical injury.

Q. Domestic Tampering With A Victim Or Witness.

1. No person, with purpose to induce a family or household member who is a witness or prospective witness in an official proceeding to disobey a subpoena or other legal process, or to induce such family or household member to absent himself or avoid subpoena or other legal process, or to induce such family or household member to withhold evidence, information or documents, or to testify falsely, shall:

a. Threaten or cause harm to any person or property; or

b. Use force, threats or deception; or

c. Offer, confer or agree to confer any benefit, direct or indirect, upon such witness; or

d. Convey any of the foregoing to another in furtherance of a conspiracy.

2. A person commits the violation of "domestic victim tampering" if, with purpose to do so, he prevents or dissuades or attempts to prevent or dissuade any person who is a family or household member who has been a victim of any ordinance violation, or a person who is acting on behalf of any such victim, from:

a. Making any report of such victimization to any Peace Officer or State, local or Federal Law Enforcement Officer or prosecuting agency or to any judge;

b. Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;

c. Arresting or causing or seeking the arrest of any person in connection with such victimization.

R. Dismissal Of Charges. Cases involving domestic or family violence shall not be dismissed for the sole reason that a civil compromise of settlement is reached.

S. Rights Of Victims Of Domestic Or Family Violence. A victim of domestic and family violence is entitled to all rights granted to victims of crime as found in Sections 595.200 to 595.218, RSMo., including, but not limited to, the right to:

1. Be informed of all hearing dates and continuances;

2. Provide the court with a victim-impact statement, victim-opinion statement and an assessment of the risk of further harm;

3. Be present at sentencing and address the court;

4. Be advised by the court of conditions of probation required to ensure the safety of the victim and other family or household members;

5. Restitution for losses sustained as a direct consequence of any criminal conduct;

6. Apply for victims' compensation and to be informed of procedures for applying.

T. Advocate-Victim Privilege Applicable In Cases Involving Domestic Or Family Violence.

1. Except as otherwise provided in Subdivision (2) below, a victim of domestic or family violence may refuse to disclose, and may prevent an advocate from disclosing, confidential oral communication between the victim and the advocate and written records and reports concerning the victim if the privilege is claimed by:

a. The victim; or

b. The person who was the advocate at the time of the confidential communication, except that the advocate may not claim the privilege if there is no victim in existence, or if the privilege has been waived by the victim.

2. The privilege does not relieve a person from any duty imposed pursuant to State laws on child abuse or neglect. A person may not claim the privilege when providing evidence in proceedings concerning child abuse or neglect pursuant to State law.

3. As used in this Subsection, "advocate" means an employee of or volunteer for a program for victims of domestic or family violence who:

a. Has a primary function of rendering advice, counseling or assistance to victims of domestic or family violence, supervising the employees or volunteers of the program, or administering the program; or

b. Works under the direction of a supervisor of the program, supervises employees or volunteers or administers the program.

U. Conditions Of Probation For Perpetrator Convicted Of Offense Involving Domestic Or Family Violence—Required Reports By The Police Department.

1. Before placing a perpetrator who is convicted of an offense involving domestic or family violence on probation, the court shall consider the safety and protection of the victim of domestic or family violence and any member of the victim's family or household.

2. The court may condition the suspension of sentence or granting of probation to the perpetrator on compliance with one (1) or more orders of the court including, but not limited to:

a. Enjoining the perpetrator from threatening to commit or committing acts of domestic or family violence against the victim or other family or household member;

b. Prohibiting the perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating with the victim, directly or indirectly;

c. Requiring the perpetrator to stay away from the residence, school, place of employment or a specified place frequented regularly by the victim and any designated family or household member;

d. Prohibiting the perpetrator from possessing or consuming alcohol or controlled substances;

e. Prohibiting the perpetrator from using or possessing a firearm or other specified weapon;

f. Directing the perpetrator to surrender any weapons owned or possessed by the perpetrator;

g. Directing the perpetrator to participate in and complete, to the satisfaction of the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or psychiatric or psychological treatment, and/or an evaluation for such intervention or treatment;

h. Directing the perpetrator to pay restitution to the victim;

i. Imposing any other condition necessary to protect the victim of domestic or family violence and any other designated family or household member or to rehabilitate the perpetrator;

j. Payment by the perpetrator of the cost of any condition of probation.

V. Arrest. When the officer declines to make arrest pursuant to this Section, the officer shall make a written report of the incident completely describing the offending party, giving the victim's name, time, address, reason why no arrest was made and any other pertinent information. Any Police Officer subsequently called to the same address within a twelve (12) hour period, who has again committed a violation as stated in this Section against the same or any other family or household member shall arrest the offending party for this subsequent offense. The primary report of non-arrest in the preceding twelve (12) hour period may be considered as evidence of the defendant's intent in the violation for which arrest occurred. The refusal of the victim to sign an official complain against the violator shall not prevent an arrest under this Section.

W. Penalties. Every person who shall be convicted of a violation of this Section shall be fined not more than one thousand dollars ($1,000.00) or imprisoned in the St. Louis County Justice Center for not more than one (1) year, or punished by both such fine and imprisonment.

Section 210.130 Domestic Assault. [1]

A. A person commits the offense of domestic assault if the act involves a domestic victim, as the term "domestic victim" is defined under Section 565.002, RSMo., and:

1. The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;

2. With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;

3. The person purposely places such domestic victim in apprehension of immediate physical injury by any means;

4. The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim;

5. The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or

6. The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.135 Abuse of an Elderly Person, a Person With Disability or a Vulnerable Person.

A. A person commits the offense of abuse of an elderly person, a person with a disability, or a vulnerable person if he or she:

1. Purposely engages in conduct involving more than one (1) incident that causes emotional distress to an elderly person, a person with a disability, or a vulnerable person. The course of conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer substantial emotional distress; or

2. Intentionally fails to provide care, goods or services to an elderly person, a person with a disability, or a vulnerable person. The result of the conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer physical or emotional distress; or

3. Knowingly acts or knowingly fails to act in a manner which results in a substantial risk to the life, body or health of an elderly person, a person with a disability, or a vulnerable person.

B. The offense of abuse of an elderly person, a person with a disability, or a vulnerable person is an ordinance violation.

C. Nothing in this Section shall be construed to mean that an elderly person, a person with a disability, or a vulnerable person is abused solely because such person chooses to rely on spiritual means through prayer, in lieu of medical care, for his or her health care, as evidenced by such person's explicit consent, advance directive for health care, or practice.

Section 210.140 (Reserved) [1]

[1] Editor's Note: This Section previously pertained to assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer. However, the authorizing statute, former RSMo. §565.083, was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017. See Section 210.120, Assault, as it relates to a "special victim."

Section 210.150 Harassment.

A person commits the offense of harassment if he/she, without good cause, engages in any act with the purpose to cause emotional distress to another person.

Section 210.160 Stalking — Definitions. [1]

A. Definitions. As used in this Section:

DISTURBS

Shall mean to engage in a course of conduct directed at a specific person that serves no legitimate purpose and that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.

B. A person commits the offense of stalking if he or she purposely, through his or her course of conduct, disturbs, or follows with the intent to disturb another person.

C. This Section shall not apply to activities of Federal, State, County, or Municipal Law Enforcement Officers conducting investigations of any violation of Federal, State, County, or Municipal Law.

D. Any Law Enforcement Officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this Section.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.170 Kidnapping. [1]

A person commits the offense of kidnapping if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.180 Endangering the Welfare of a Child. [1]

A. A person commits the offense of endangering the welfare of a child if he/she:

1. With criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old; or

2. Knowingly encourages, aids or causes a child less than seventeen (17) years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or

3. Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years of age, recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or

4. Knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in Section 579.105, RSMo.

B. Nothing in this Section shall be construed to mean the welfare of a child is endangered for the sole reason that he/she is being provided non-medical remedial treatment recognized and permitted under the laws of this State.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.190 (Reserved)

Section 210.200 Invasion of Privacy. [1]

A. A person commits the offense of invasion of privacy if he or she knowingly:

1. Photographs, films, videotapes, produces, or otherwise creates an image of another person, without the person's consent, while the person is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or

2. Photographs, films, videotapes, produces, or otherwise creates an image of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.

B. Invasion of privacy is an ordinance violation.

[1] Note: Under certain circumstances, this offense can be a felony under state law.

Section 210.210 Unlawful Transactions With a Child.

A. A person commits the offense of unlawful transactions with a child if he or she:

1. Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor, unless the child's custodial parent or guardian has consented in writing to the transaction; or

2. Knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in Chapter 579, RSMo., is maintained or conducted; or

3. With criminal negligence sells blasting caps, bulk gunpowder, or explosives to a child under the age of seventeen (17), or fireworks as defined in Section 320.110, RSMo., to a child under the age of fourteen (14), unless the child's custodial parent or guardian has consented in writing to the transaction. Criminal negligence as to the age of the child is not an element of this crime.

Section 210.220 through Section 210.290. (Reserved)