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.
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.
[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 However, the authorizing statute, former § 565.083, RSMo., was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017.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."
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.
A.
DISTURBS
Definitions. As used in this Section:
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.
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.
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.
A.
COLLISION
INJURES
MOTOR VEHICLE
UNATTENDED
Definitions. As used in this Section, the
following terms mean:
The act of a motor vehicle coming into contact with an object
or a person.
To cause physical harm to the body of a person.
Any automobile, truck, truck-tractor, or any motor bus or
motor-propelled vehicle not exclusively operated or driven on fixed
rails or tracks.
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.
[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.
[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:
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.