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City of Higginsville, MO
Lafayette County
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Table of Contents
Table of Contents
[Ord. No. 2667 § 1, 4-3-2017]
As used in this Article, the following terms mean:
DEVIATE SEXUAL INTERCOURSE
Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person; or any act involving the penetration, however slight, of the penis, the female genitalia, or the anus by a finger, instrument, or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing any person.
SEXUAL CONTACT
Any touching, by another person with the genitals or any touching of the genitals, or anus of another person or the breast of a female person, or touching through the clothing done for the purpose of arousing or gratifying sexual desire of any person or for the purpose of terrorizing the victim.
SEXUAL INTERCOURSE
Any penetration, however slight, of the female genitalia by the penis, whether or not an emission results.
SOMETHING OF VALUE
Money or property or any token, object or article exchangeable for money or property.
[Ord. No. 2667 § 1, 4-3-2017]
A person commits the offense of prostitution if the person engages in or offers or agrees to engage in sexual contact with another person in return for something of value to be received by any person.
[1]
Note—Under certain circumstances this offense can be a felony under state law.
[Ord. No. 2667 § 1, 4-3-2017]
A. 
A person commits the offense of patronizing prostitution if he/she, pursuant to prior understanding, gives something of value to another person for having engaged in sexual contact with any person, or gives or agrees to give something of value to another person with the understanding that such person or another person will engage in sexual contact with any person, or solicits or requests another person to engage in sexual contact with any person in return for something of value.
B. 
It shall not be an affirmative defense that the defendant believed that the person he/she patronized for prostitution was eighteen (18) years of age or older.
[1]
Note—Under certain circumstances this offense can be a felony under state law.
A. 
In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:
1. 
Both persons were of the same sex; or
2. 
The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.
A. 
Any room, building or other structure regularly used for sexual contact for pay as defined in Section 215.430 or any unlawful prostitution activity prohibited by this Article is a public nuisance.
B. 
The City Prosecuting Attorney may, in addition to all other sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year.
C. 
All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the jurisdiction of the court.
D. 
Appeals shall be allowed from the judgment of the court as in other civil actions.
[R.O. 2009 §215.270; Ord. No. 1613 §1, 4-17-1995]
A. 
A person who knowingly or intentionally, in a public place, to include, but not be limited to, indoor and outdoor entertainment establishments, restaurants, theaters, bars, book stores, and places of public accommodation where one or more other persons is present:
1. 
Engages in sexual intercourse;
2. 
Engages in deviate sexual conduct;
3. 
Appears in a state of nudity; or
4. 
Fondles the genitals of himself/herself or another person commits the unlawful act of public indecency and is subject to punishment pursuant to the Higginsville Code of Ordinance.
B. 
Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state.
[R.O. 2009 §215.280; Ord. No. 2667 § 1, 4-3-2017]
A. 
A person commits the offense of public display of explicit sexual material if he/she recklessly:
1. 
Exposes, places, exhibits, or in any fashion, displays explicit sexual material in any location, whether public or private, and in such a manner that it may be readily seen and its content and character distinguished by normal unaided vision as viewed from a street, highway, public sidewalk, or the property of others, or from any portion of the person's store, the exhibitor's store or property when items and material other than this material are offered for sale or rent to the public; or
2. 
Fails to take prompt action to remove such a display from property in his/her possession after learning of its existence.
B. 
Public display of explicit sexual material is an ordinance violation.
C. 
For purposes of this Section, each day there is a violation of this Section shall constitute a separate offense.
[R.O. 2009 §215.320; CC 1976 §18-29; Ord. No. 380 §1, 6-5-1967]
No person shall look, peer, peep into, or be found loitering around or within view of any window of a building used for dwelling purposes, not on his/her own property, with the intent of watching or looking through such window so as to invade the privacy of the occupants of said building, without the consent of the owner or occupant thereof.