City of Fenton, MO Article II Offenses Against The Person

Section 205.120 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 205.010 of this Chapter.

Section 205.130 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 205.140 (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 § 565.083, RSMo., was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017. See Section 205.120, Assault, as it relates to a "special victim."

Section 205.150 Harassment. [1]

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.

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

Section 205.160 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 205.170 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 205.180 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 205.190 Leaving A Child Unattended In A Motor Vehicle — Definitions. [1]

A. Definitions. As used in this Section, the following terms mean:

COLLISION

The act of a motor vehicle coming into contact with an object or a person.

INJURES

To cause physical harm to the body of a person.

MOTOR VEHICLE

Any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks.

UNATTENDED

Not accompanied by an individual fourteen (14) years of age or older.

B. A person commits the offense of leaving a child unattended in a motor vehicle if such person knowingly leaves a child less than eleven (11) years of age unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian.

C. The offense of leaving a child unattended in a motor vehicle is an ordinance violation.

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

Section 205.200 Violations of Ex Parte or Full Orders of Protection.

[Ord. No. 4214, 4-28-2022]

A. A person commits the offense of violation of an Ex Parte Order of Protection if he or she knowingly violates the terms and/or conditions of an Ex Parte Order of Protection granted under Sections 455.010 through 455.090, RSMo.

B. A person commits the offense of violation of a Full Order of Protection if he or she knowingly violates the terms and/or conditions of a Full Order of Protection granted under Sections 455.010 through 455.090, RSMo.

C. A violation of the terms and/or conditions of an Ex Parte Order of Protection or a Full Order of Protection regarding abuse, stalking, disturbing the peace, child custody, or entrance upon the premises of the petitioner's dwelling unit shall be a misdemeanor and punishable by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed three (3) months, or by both such fine and imprisonment.

D. For purposes of this Section, in addition to the notice provided by actual service of the Order, a party is deemed to have notice of an Order once the Law Enforcement Officer responding to a call of a reported incident of abuse or of violation of an Order of Protection presents a copy of the Order of Protection to the respondent/party.

E. Nothing in this Section shall be interpreted as creating a private cause of action for damages to enforce the provisions set forth therein.

Section 205.205 Arrest for Violation of Order — Penalties — Good Faith Immunity for Law Enforcement Officials.

[Ord. No. 4214, 4-28-2022]

A. When a Law Enforcement Officer has probable cause to believe a party has committed a violation of law amounting to domestic violence, as defined in Section 455.010, RSMo., against a family or household member, the officer may arrest the offending party whether or not the violation occurred in the presence of the arresting Officer. When the Law Enforcement Officer declines to make arrest pursuant to this Subsection, the Law Enforcement 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 Law Enforcement Officer subsequently called to the same address within a twelve-hour period, who shall find probable cause to believe the same offender has again committed a violation as stated in this Subsection 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-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 complaint against the violator shall not prevent an arrest under this Subsection.

B. When a Law Enforcement Officer has probable cause to believe that a party, against whom an Order of Protection has been entered and who has notice of such Order entered, has committed an act in violation of such Order, the Law Enforcement Officer shall arrest the offending party-respondent whether or not the violation occurred in the presence of the arresting Law Enforcement Officer. Refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under this Subsection.

C. When a Law Enforcement Officer makes an arrest, the Law Enforcement Officer is not required to arrest two (2) parties involved in an assault when both parties claim to have been assaulted. The arresting Law Enforcement Officer shall attempt to identify and shall arrest the party the Law Enforcement Officer believes is the primary physical aggressor. The term "primary physical aggressor" is defined as the most significant, rather than the first, aggressor.

1. The Law Enforcement Officer shall consider any or all of the following in determining the primary physical aggressor:

a. The intent of the law to protect victims from continuing domestic violence;

b. The comparative extent of injuries inflicted or serious threats creating fear of physical injury;

c. The history of domestic violence between the persons involved.

2. No Law Enforcement Officer investigating an incident of domestic violence shall threaten the arrest of all parties for the purpose of discouraging requests or law enforcement intervention by any party. Where complaints are received from two (2) or more opposing parties, the Law Enforcement Officer shall evaluate each complaint separately to determine whether the Law Enforcement Officer should seek a warrant for an arrest.

D. In an arrest in which a Law Enforcement Officer acted in good faith reliance on this Section, the arresting and assisting Law Enforcement Officers and their employing entities and superiors shall be immune from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution.

E. When a person against whom an Order of Protection has been entered fails to surrender custody of minor children to the person to whom custody was awarded in an Order of Protection, the Law Enforcement Officer shall arrest the respondent, and shall turn the minor children over to the care and custody of the party to whom such care and custody was awarded.

F. The same procedures, including those designed to protect constitutional rights, shall be applied to the respondent as those applied to any individual detained in police custody.

G. A violation of the terms and conditions, with regard to domestic violence, stalking, sexual assault, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit or place of employment or school, or being within a certain distance of the petitioner or a child of the petitioner, of a Full Order of Protection or of an Ex Parte Order of Protection of which the respondent has notice shall be an ordinance violation, unless the respondent has previously pleaded guilty to or has been found guilty in any Division of the Circuit Court of violating an Ex Parte Order of Protection or a Full Order of Protection within five (5) years of the date of the subsequent violation, in which case the subsequent violation shall be a Class E felony. Evidence of prior pleas of guilty or findings of guilt shall be heard by the Court out of the presence of the jury prior to submission of the case to the jury. If the Court finds the existence of such prior plea of guilty or finding of guilt beyond a reasonable doubt, the Court shall decide the extent or duration of the sentence or other disposition and shall not instruct the jury as to the range of punishment or allow the jury to assess and declare the punishment as a part of its verdict. For the purposes of this Subsection, in addition to the notice provided by actual service of the order, a party is deemed to have notice of an order of protection if the Law Enforcement Officer responding to a call of a reported incident of domestic violence, stalking, sexual assault, or violation of an order of protection presented a copy of the order of protection to the respondent.

H. Good faith attempts to effect a reconciliation of a marriage when both parties consent to the same, such as a cooling off period or when both parties go to counseling, shall not be deemed tampering with a witness or victim tampering under Section 575.270, RSMo., or violation of the terms of the Full Order of Protection or Ex Parte Order of Protection under this Section 205.200.

I. Nothing in this Section shall be interpreted as creating a private cause of action for damages to enforce the provisions set forth herein.

Section 205.210 through Section 205.290. (Reserved)