As used in this Article, the following terms shall have the
meanings set forth herein:
Any act involving the genitals of one person and the hand,
mouth, tongue or anus of another person or a sexual act involving
the penetration, however slight, of the penis, 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 the victim.
Sexual intercourse, deviate sexual intercourse or sexual
contact.
Any touching of another person with the genitals or any touching
of the genitals or anus of another person, or the breast of a female
person, or such touching through the clothing, for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
Any penetration, however slight, of the female genitalia
by the penis.
A.
A person commits the offense of sexual misconduct in the first degree
if such person:
1.
Exposes his/her genitals under circumstances in which he/she
knows that his/her conduct is likely to cause affront or alarm;
2.
Has sexual contact in the presence of a third person or persons
under circumstances in which he/she knows that such conduct is likely
to cause affront or alarm; or
3.
Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of a third person.
A person commits the offense of sexual abuse in the second degree
if he/she purposely subjects another person to sexual contact without
that person's consent.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
Within
ten (10) days of coming into the City of Florissant, the following
persons shall register with the Chief of Police of the City of Florissant
and the Chief Law Enforcement Officer of St. Louis County:
1.
Any person who, since July 1, 1979, has been or is hereafter convicted
of, been found guilty of, or pled guilty or nolo contendere to committing,
or attempting to commit, a felony offense of Chapter 566, RSMo., or
any offense of Chapter 566, RSMo., where the victim is a minor;
2.
Any person who, since July 1, 1979, has been or is hereafter convicted
of, been found guilty of, or pled guilty or nolo contendere to committing,
or attempting to commit one or more of the following offenses: kidnapping,
pursuant to Section 565.110, RSMo.; felonious restraint; promoting
prostitution in the first degree; promoting prostitution in the second
degree; promoting prostitution in the third degree; sexual exploitation
of a minor; promoting child pornography in the first degree; promoting
child pornography in the second degree; possession of child pornography;
furnishing pornographic material to minors; public display of explicit
sexual material; coercing acceptance of obscene material; promoting
obscenity in the first degree; promoting pornography for minors or
obscenity in the second degree; incest; abuse of a child, pursuant
to Section 568.060, RSMo.; use of a child in a sexual performance;
or promoting sexual performance by a child; and committed or attempted
to commit the offense against a victim who is a minor, defined for
the purposes of Sections 589.400 to 589.425, RSMo., as a person under
eighteen (18) years of age;
3.
Any person who, since July 1, 1979, has been committed to the Department
of Mental Health as a criminal sexual psychopath;
4.
Any person who, since July 1, 1979, has been found not guilty as
a result of mental disease or defect of any offense listed in Subdivision
(1) or (2) of this Subsection;
5.
Any person who is a resident of this State who has, since July 1,
1979, or is hereafter convicted of, been found guilty of, or pled
guilty to or nolo contendere in any other State, Foreign Country,
or under Federal or Military Jurisdiction to committing, or attempting
to commit, an offense which, if committed in this State, would be
a violation of Chapter 566, RSMo., or a felony violation of any offense
listed in Subdivision (2) of this Subsection or has been or is required
to register in another State or has been or is required to register
under Federal or Military Law; or
6.
Any person who has been or is required to register in another State
or has been or is required to register under Federal or Military Law
and who works or attends school or training on a full-time or on a
part-time basis in Missouri. "Part-time" in this
Subdivision means for more than fourteen (14) days in any twelve (12)
month period.
B.
A
registration required herein shall consist of:
1.
A statement in writing signed by the person giving the name, address
and phone number of the person, place of employment of such person
and the crime which requires registration, the date and place of such
crime and the date and place of the conviction or plea regarding such
crime; and
2.
The fingerprints and a photograph of the person.
C.
The
Chief of Police registering the persons who are required to register
pursuant to this Article shall complete a Sex Offenders Fingerprint
Card provided by the Missouri State Highway Patrol Central Repository.
The completed card shall be forwarded to the Central Repository within
ten (10) days. The Patrol shall enter the information into the Missouri
Uniform Law Enforcement System (MULES) where it is available to the
members of the criminal justice system upon inquiry.
D.
If
any person required to register herein changes residence or address,
the person shall inform in writing within ten (10) days a law enforcement
agency with whom the person last registered of the new address and
the person shall inform in writing within ten (10) days the law enforcement
agency having jurisdiction over the new residence or address.
E.
The
registration requirements of this Section are lifetime registration
requirements unless all offenses requiring registration are reversed,
vacated or set aside or unless the registrant is pardoned of the offenses
requiring registration.
F.
For
processing an initial sex offender registration the Chief of Police
may charge the offender registering a fee of up to ten dollars ($10.00).
G.
For
processing any change in registration required by this Section the
Chief of Police may charge the person changing their registration
a fee of five dollars ($5.00) for each change made after the initial
registration.
[Ord. No. 7373, 1-9-2007; Ord. No. 7483 §1, 1-29-2008]
A.
Any
person who:
1.
Since July 1, 1979, has been or hereafter has pleaded guilty or nolo
contendere to, or been convicted of, or been found guilty of violating
any of the provisions of:
a.
Chapter 566, RSMo.; or
b.
The provisions of Subsection (2) of Section 568.020, RSMo., incest;
or
c.
Section 568.045, RSMo., endangering the welfare of a child in the
first degree; or
d.
Subsection (2) of Section 568.080, RSMo., use of a child in a sexual
performance; or
e.
Section 568.090, RSMo., promoting a sexual performance by a child;
or
f.
Section 573.023, RSMo., sexual exploitation of a minor; or
g.
Section 573.025, RSMo., promoting child pornography in the first
degree; or
h.
Section 573.035, RSMo., promoting child pornography in the second
degree; or
i.
Section 573.037, RSMo., possession of child pornography; or
j.
Section 573.040, RSMo., furnishing pornographic material to minors;
and
2.
Any person required to register with the Chief Law Enforcement Official
of the County in which such person resides pursuant to the provisions
of Sections 589.400, et seq., RSMo.,
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shall not reside within three thousand (3,000) feet of any public
school as defined in Section 160.011, RSMo., or any private school
giving instruction in a grade or grades not higher than the twelfth
(12th) grade or public library or public park or pool open to the
general public or within two thousand (2,000) feet of any child care
facility as defined in Section 210.201, RSMo., which is in existence
at the time the individual begins to reside at the location.
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B.
If
such person has already established a residence and a public school,
a private school, a child care facility, a public library, a public
park or a pool open to the general public is subsequently built or
placed within the requisite distance of such person's residence, then
such person shall, within one (1) week of the opening of such public
school, private school, public library, public park, pool or child
care facility, notify the Chief of Police that he or she is now residing
within three thousand (3,000) feet of such public school, private
school, public library, public park or pool or within two thousand
(2,000) feet of such child care facility and shall provide verifiable
proof to the Chief that he or she resided there prior to the opening
of such public school, private school, public library, public park,
pool or child care facility.
C.
For
purposes of this Section:
1.
"Resides" means sleeps in a residence, which may
include more than one (1) location and may be mobile or transitory;
and
2.
The requisite distance between the relevant facility and the residence
in question shall be measured by the straight line distance between
the nearest point on the property boundary line of the property upon
which the relevant facility is located and the nearest point on the
boundary line of the property upon which the residence is located.
D.
Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of Chapter 566, RSMo., or the provisions of Subsection (2) of Section 568.020, RSMo., incest; Section 568.045, RSMo., endangering the welfare of a child in the first degree; Subsection (2) of Section 568.080, RSMo., use of a child in a sexual performance; Section 568.090, RSMo., promoting a sexual performance by a child; Section 573.023, RSMo., sexual exploitation of a minor; Section 573.025, RSMo., promoting child pornography; or Section 573.040, RSMo., furnishing pornographic material to minors shall not be present in or loiter within five hundred (500) feet of any school building, recreational center or recreational facility, or on any real property comprising any school, park, recreational center or recreational facility, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building or on the grounds or in the conveyance, unless the offender is a parent, legal guardian or custodian of a student or participant present in the building and has met the conditions set forth in Subsection (E) of this Section.
E.
No parent, legal guardian or custodian who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the offenses listed in Subsection (D) of this Section shall be present in any school building, recreational center or recreational facility, on any real property comprising any school, park, recreational center or recreational facility, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds or in the conveyance unless the parent, legal guardian or custodian has permission to be present on the aforementioned school properties from the superintendent or school board or in the case of a private school from the principal, or has permission to be from the Florissant Chief of Police to be present on park property or in or near a recreational center or recreational facility property. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Permission may be granted by the superintendent, school board or in the case of a private school from the principal for more than one (1) event at a time, such as a series of events, however, the parent, legal guardian or custodian must obtain permission for any other event he or she wishes to attend for which he or she has not yet had permission granted. In the case of a park, recreational center or recreational facility, if permission is granted, then the Florissant Chief of Police or his designee must inform the Parks Director or his designee when the sex offender will be present and how long he or she is permitted on the property.
A.
Any person required to register as a sexual offender under Sections
589.400 to 589.425, RSMo., shall be required on October 31st of each
year to:
1.
Avoid all Halloween-related contact with children;
2.
Remain inside his or her residence between the hours of 5:00
P.M. and 10:30 P.M. unless required to be elsewhere for just cause
including, but not limited to, employment or medical emergencies;
3.
Post a sign at his or her residence stating "No candy or treats
at this residence"; and
4.
Leave all outside residential lighting off during the evening
hours after 5:00 P.M.
It shall be unlawful for any person within the City to urinate
in or upon any street, park, any public place open to the public or
private place open to public view other than in the restroom facilities
provided for such activity.
