A.
A person
commits the offense of assault if:
1.
The person attempts to cause or recklessly causes physical injury
to another person; or
2.
With criminal negligence the person causes physical injury to another
person by means of a deadly weapon; or
3.
The person purposely places another person in apprehension of immediate
physical injury; or
4.
The person recklessly engages in conduct which creates a grave risk
of death or serious physical injury to another person; or
5.
The person knowingly causes physical contact with another person
knowing the other person will regard the contact as offensive or provocative;
or
6.
The person knowingly causes physical contact with an incapacitated
person, as defined in Section 475.010, RSMo., which a reasonable person,
who is not incapacitated, would consider offensive or provocative.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
A person
commits the offense of domestic assault if the act involves a family
or household member, including any child who is a member of the family
or household, as defined in Section 455.010, RSMo.; and
1.
The person attempts to cause or recklessly causes physical injury
to such family or household member; or
2.
With criminal negligence the person causes physical injury to such
family or household member by means of a deadly weapon or dangerous
instrument; or
3.
The person purposely places such family or household member in apprehension
of immediate physical injury by any means; or
4.
The person recklessly engages in conduct which creates a grave risk
of death or serious physical injury to such family or household member;
or
5.
The person knowingly causes physical contact with such family or
household member knowing the other person will regard the contact
as offensive; or
6.
The person knowingly attempts to cause or causes the isolation of
such 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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 1239 §1, 12-9-2004]
B.
DOMESTIC OR FAMILY VIOLENCE
FAMILY OR HOUSEHOLD MEMBERS
1.
2.
3.
4.
5.
6.
7.
8.
9.
PROGRAM FOR VICTIMS OF DOMESTIC OR FAMILY VIOLENCE
PROGRAM OF INTERVENTION FOR PERPETRATORS
SAFETY PLAN
Definitions, General. Unless the context otherwise requires,
as used in the Model Code:
The occurrence of one (1) or more of the acts listed under Subsection (E) of this Section and done by a family or household member, but does not include acts of self-defense.
Include:
Persons who are current or former spouses;
Persons who live together or who have lived together;
Persons who are dating or who have dated;
Persons who are engaged in or who have engaged in a sexual relationship;
Persons who are related by blood or adoption;
Persons who are related or formerly related by marriage;
Persons who have a child in common; and
Minor children who are seventeen (17) years of age or under
of a person in a relationship that is described in paragraphs (1 —
7) can be included as victims.
Minor children who are seventeen (17) years of age or under
of a person in a relationship that is described in paragraphs (1 —
7) can be included in the list of perpetrators.
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.
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 offer
them classes or instruction.
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.
C.
Definitions, Adult Abuse. As used in this Section, the definitions
of "abuse" as found in Section 455.010, RSMo., shall
apply unless the context clearly indicates otherwise:
1.
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.
2.
ADULT: Any person seventeen (17) years of age or
older or otherwise emancipated.
3.
ASSAULT: Purposely or knowingly placing or attempting
to place another in fear of physical harm.
4.
BATTERY: Purposely or knowingly causing physical
harm to another with or without a deadly weapon.
5.
COERCION: Compelling another by force or threat
of force to engage in conduct from which the latter has a right to
abstain or to abstain from conduct in which the person has a right
to engage.
6.
COURT: The Circuit or Associate Circuit Judge or
a Family Court Commissioner.
7.
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.
8.
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.
9.
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.
10.
HARASSMENT: Engaging in a purposeful or knowingly
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:
11.
ORDER OF PROTECTION: Either an ex parte order of
protection or a full order of protection.
12.
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. (1994).
13.
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.
14.
SEXUAL ASSAULT: Causing or attempting to cause another
to engage involuntarily in any sexual act by force, threat of force,
or duress.
15.
STALKING: When a person purposely and repeatedly
harasses or follows with the intent of harassing another person. As
used in this Subdivision, "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".
16.
UNLAWFUL IMPRISONMENT: Holding, confining, detaining
or abducting another person against that person's will.
D.
ABUSE
ADULT HOUSEHOLD MEMBER
CHILD
COURT
EX PARTE ORDER OF PROTECTION
FULL ORDER OF PROTECTION
ORDER OF PROTECTION
PETITIONER
RESPONDENT
STALKING
VICTIM
Definitions, Child Protection Orders. As used in this Section,
the following definitions as found in Section 455.501, RSMo., shall
apply, unless the context clearly indicates otherwise:
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.
Any person eighteen (18) years of age or older or an emancipated
child who resides with the child in the same dwelling unit.
Any person under eighteen (18) years of age.
The Circuit or Associate Circuit Judge or a Family Court
Commissioner.
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.
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.
Either an ex parte order of protection or a full order of
protection.
A person authorized to file a verified petition under the
provisions of Sections 455.503 and 455.505, RSMo.
The adult household member, emancipated child or person stalking
the child against whom a verified petition has been filed.
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".
A child who is alleged to have been abused by an adult household
member.
E.
Offenses Involving Domestic Or Family Violence Defined. An
"offense involving domestic or family violence" occurs when a family
or household member as defined in this Section commits one (1) or
more of the following crimes as listed under this Chapter against
another family or household member:
1.
Domestic assault;
2.
Domestic destruction, damage, vandalism of property;
3.
Domestic petty larceny;
4.
Domestic possession of stolen property;
5.
Domestic peace disturbance;
6.
Domestic stalking;
7.
Domestic trespass;
8.
Domestic harassment;
9.
Domestic tampering;
10.
Violation of orders of protection.
F.
Prohibited Conduct With Regard To Ex Parte Or Full Orders Of Protection. Violation of the terms and conditions, with regard to abuse, stalking,
child custody, communication initiated by the respondent or entrance
upon the premises of the petitioner's dwelling unit, of an ex parte
order of protection of which the respondent has notice is hereby prohibited.
Violation of the terms and conditions, with regard to abuse, stalking,
child custody, communication initiated by the respondent or entrance
upon the premises of the petitioner's dwelling unit, of a full order
of protection is hereby prohibited. Violation of the terms and conditions
of an ex parte order of protection for a child with regard to abuse,
child custody, or entrance upon the premises of the victim's dwelling
unit, of which the respondent has notice, is hereby prohibited. Violation
of the terms and conditions of a full order of protection for a child
regarding abuse, child custody or entrance upon the premises of the
petitioner's dwelling unit is hereby prohibited.
G.
Violation Of Ex Parte Or Full Orders Of Protection And Arrest Therefore.
1.
When a Law Enforcement Officer has probable cause to believe a party
has committed a violation of law amounting to an offense involving
domestic violence, as defined in these ordinances, 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 officer declines to make arrest pursuant to this Subsection,
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 Law Enforcement Officer subsequently called to the same address
within a twelve (12) hour period, who shall find probable cause to
believe the same offender has again committed a violation as stated
herein 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
complaint against the violator shall not prevent an arrest under this
Subsection.
2.
When a Law Enforcement Officer has probable cause to believe that
a party, against whom a protective order has been entered and who
has notice of such order being entered, has committed an act of abuse
in violation of such order, the officer shall arrest the offending
party-respondent whether or not the violation occurred in the presence
of the arresting officer. Refusal of the victim to sign an official
complaint against the violator shall not prevent an arrest under this
Subsection.
3.
When an officer makes an arrest, he/she is not required to arrest
two (2) parties involved in an assault when both parties claim to
have been assaulted. The arresting officer shall attempt to identify
and shall arrest the party he/she believes is the primary physical
aggressor. The term "primary physical aggressor" is defined as the most significant, rather than the first (1st),
aggressor. 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 of domestic violence from
continuing abuse;
b.
The comparative extent of injuries inflicted or serious threats creating
fear of physical injury or harm;
c.
The history of domestic violence between the persons involved. No
Law Enforcement Officer investigating an incident of domestic violence
shall threaten the arrest of all parties for the purpose of discouraging
requests of law enforcement intervention by any party. Where complaints
are received from two (2) or more opposing parties, the officer shall
evaluate each complaint separately to determine whether he/she should
apply for issuance of charges. No Law Enforcement Officer shall base
the decision to arrest or not to arrest on the specific request or
consent of the victim or the officer's perception of the willingness
of a victim or of a witness to the domestic or family violence to
testify or otherwise participate in a judicial proceeding.
4.
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.
5.
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.
6.
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.
7.
Violation of the terms and conditions with regard to abuse, stalking,
child custody, communication initiated by the respondent or entrance
upon the premises of the petitioner's dwelling unit of an ex parte
order of protection of which the respondent has notice or of a full
order of protection is hereby prohibited.
8.
Good faith attempts to effect a reconciliation of a marriage shall
not be deemed tampering with a witness or victim tampering.
9.
Nothing in this Section shall be interpreted as creating a private
cause of action for damages to enforce the provisions set forth herein.
H.
Domestic Assault. No person shall commit an act of domestic
assault. A person commits such an act if he/she does any of the following:
1.
The person attempts to cause or recklessly causes physical injury
to a family or household member; or
2.
With criminal negligence the person causes physical injury to a family
or household member by means of a deadly weapon or dangerous instrument;
or
3.
The person purposely places a family or household member in apprehension
of immediate physical injury by any means; or
4.
The person recklessly engages in conduct which creates a grave risk
of death or serious physical injury to a family or household member;
or
5.
The person knowingly causes physical contact with a family or household
member knowing the other person will regard the contact as offensive;
or the person 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, Vandalism Of Property. A person
shall not willfully destroy, damage or injure any property of a family
or household member of any kind whatsoever which does not belong to
the 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 — Buying, Receiving Or Possessing
Personal Property Which Has Been Unlawfully Taken From Another.
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 any 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. It shall be unlawful
to 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 or challenging or fighting
that person.
M.
Domestic Disturbance Of The Peace — Loud Noise.
1.
It shall be unlawful to 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/her 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 so to do by the family
or household member lawfully in possession thereof, his/her 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
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.
COURSE OF CONDUCT
CREDIBLE THREAT
HARASSES
As used in this Section, the following terms shall mean:
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.
A threat made with the intent to cause the person who is
the target of the threat to reasonably fear for his/her safety. The
threat must be against the life of, or a threat to cause physical
injury to, a person.
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.
Any person who purposely and repeatedly harasses or follows with
the intent of harassing another family or household member or harasses
another family or household member, and makes a credible threat with
the intent to place that person in reasonable fear of death or serious
physical injury commits the violation of stalking which is hereby
prohibited.
Q.
Domestic Tampering With A Witness — Domestic Tampering With
A Victim.
1.
A person commits the violation of domestic tampering with a witness
if, with purpose to induce a witness who is a family or household
member or a prospective witness who is a family or household member
in an official proceeding to disobey a subpoena or other legal process,
or to absent himself/herself or avoid subpoena or other legal process,
or to withhold evidence, information or documents, or to testify falsely,
he/she:
2.
A person commits the violation of "domestic victim tampering" if,
with purpose to do so, he/she 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.
Authority Of Law Enforcement Officer To Seize Weapons. Incident
to an arrest for a crime involving domestic or family violence, a
Law Enforcement Officer:
S.
Advocate-Victim Privilege Applicable In Cases Involving Domestic
Or Family Violence.
1.
Except as otherwise provided in Subsections (2), 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:
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;
b.
Works under the direction of a supervisor of the program, supervises
employees or volunteers, or administers the program.
T.
Conditions Of Probation For Perpetrator Convicted Of Crime Involving
Domestic Or Family Violence — Required Reports By Probation
Department.
1.
Before placing a perpetrator who is convicted of a crime 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 a 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.
3.
The perpetrator shall pay the costs of any condition of probation.
4.
The court shall establish policies and procedures for responding to reports of non-attendance or non-compliance by a perpetrator with the conditions of probation imposed pursuant to Subsection (T)(2), including, by way of compliance, reviews and these violations may serve as a basis for revoking probation.
5.
The Probation Department shall immediately report to the court and
the victim any assault by the perpetrator, the perpetrator's failure
to comply with any condition imposed by the court or Probation Department,
and any threat of harm made by the perpetrator.
6.
The Probation Department shall establish policies and procedures:
A.
A person
commits the offense of 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 if:
1.
Such person recklessly causes physical injury to 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;
2.
Such person purposely places 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 in apprehension of immediate physical injury;
3.
Such person knowingly causes or attempts to cause physical contact
with 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 without the consent
of the 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.
B.
As
used in this Section, "emergency personnel" means
any paid or volunteer firefighter, emergency room or trauma center
personnel, or emergency medical technician as defined in Subdivisions
(15), (16), (17) and (18) of Section 190.100, RSMo.
C.
As
used in this Section, the term "Corrections Officer" includes any jailor or Corrections Officer of the State or any political
subdivision of the State.
D.
As
used in this Section, the term "highway worker", "construction zone" or "work zone" shall
have the same meaning as such terms are defined in Section 304.580,
RSMo.
E.
As
used in this Section, the term "utility worker" means
any employee while in performance of their job duties, including any
person employed under contract, of a utility that provides gas, heat,
electricity, water, steam, telecommunication services, or sewer services,
whether privately, municipally, or cooperatively owned.
F.
As
used in this Section, the term "cable worker" means
any employee, including any person employed under contract, of a cable
operator, as such term is defined in Section 67.2677, RSMo.
G.
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 is an ordinance violation.
H.
A person
commits the offense of assault on a police animal if he or she knowingly
kills or disables, knowingly attempts to kill or disable, or knowingly
causes or attempts to cause serious physical injury, to a police animal
when that animal is involved in law enforcement investigation, apprehension,
tracking, or search, or the animal is in the custody or under the
control of a Law Enforcement Officer or fire or rescue personnel.
[Ord. No. 1476 § 2, 2-9-2017[1]]
[1]
Editor's Note: Section 2 also changed the title of this Section
to include "Police Animal."
A.
A person
commits the offense of harassment if he/she:
1.
Knowingly communicates a threat to commit any felony to another person
and in so doing frightens, intimidates, or causes emotional distress
to such other person; or
2.
When communicating with another person, knowingly uses coarse language
offensive to one of average sensibility and thereby puts such person
in reasonable apprehension of offensive physical contact or harm;
or
3.
Knowingly frightens, intimidates, or causes emotional distress to
another person by anonymously making a telephone call or any electronic
communication; or
4.
Knowingly communicates with another person who is, or who purports
to be, seventeen (17) years of age or younger and in so doing and
without good cause recklessly frightens, intimidates, or causes emotional
distress to such other person; or
5.
Knowingly makes repeated unwanted communication to another person;
or
6.
Without good cause engages in any other act with the purpose to frighten,
intimidate, or cause emotional distress to another person, cause such
person to be frightened, intimidated, or emotionally distressed, and
such person's response to the act is one of a person of average sensibilities
considering the age of such person.
B.
This
Section shall not apply to activities of Federal, State, County, or
Municipal Law Enforcement Officers conducting investigations of violation
of Federal, State, County, or Municipal law.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 1476 § 3, 2-9-2017]
A.
It shall be unlawful for any person to knowingly send or deliver
or cause or intentionally allow to be sent or delivered any letter,
e-mail, text message or other Internet or electronic communication
or other writing, printing, circular or card or device, with or without
a name subscribed thereto or signed with a fictitious name or any
mark, threatening to accuse any other person of a crime or offense
for any purpose other than to cause the other person to cease ongoing
illegal activity or threatening to kill, maim or wound any other person
or threatening to commit a crime or offense or do any injury to the
person, property, credit or reputation of another, whether or not
any money or property is demanded or extorted thereby.
B.
A person commits the offense of unlawful posting of certain information
over the Internet if he or she knowingly posts the name, home address,
Social Security number, or telephone number of any person on the Internet
intending to cause substantial bodily harm or death, or threatening
to cause substantial bodily harm or death to such person.
C.
For purposes of this Section, an offense committed by means of writing,
telephonic communication or electronic communication shall be deemed
to have occurred at the place from which the communication was made
or sent and at the place where the communication was first heard or
read by the recipient.
A.
COURSE OF CONDUCT
CREDIBLE THREAT
HARASSES
As
used in this Section, the following terms shall mean:
A pattern of conduct composed of two (2) or more acts, which
may include communication by any means, 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.
A threat communicated with the intent to cause the person
who is the target of the threat to reasonably fear for his/her safety,
or the safety of his/her family, or household members or domestic
animals or livestock as defined in Section 276.606, RSMo., kept at
such person's residence or on such person's property. The threat must
be against the life of, or a threat to cause physical injury to, or
the kidnapping of, the person, the person's family, or the person's
household members or domestic animals or livestock as defined in Section
276.606, RSMo., kept at such person's residence or on such person's
property.
To engage in a course of conduct directed at a specific person
that serves no legitimate purpose, 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/she purposely, through his/her
course of conduct, harasses or follows with the intent of harassing
another person.
C.
The
offense of stalking shall be an ordinance violation unless the person
has previously pleaded guilty to or been found guilty of a violation
of this Section, or of any offense committed in violation of any County
or municipal ordinance in any State, any State law, any Federal law,
or any military law which, if committed in this State, would be chargeable
or indictable as a violation of any offense listed in this Section.
D.
Any
Law Enforcement Officer may arrest, without a warrant, any person
he/she has probable cause to believe has violated the provisions of
this Section.
E.
This
Section shall not apply to activities of Federal, State, County, or
Municipal Law Enforcement Officers conducting investigations of violation
of Federal, State, County, or Municipal law.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A person commits the offense of false imprisonment if he/she
knowingly restrains another unlawfully and without consent so as to
interfere substantially with his/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:
1.
He/she 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.
He/she knowingly encourages, aids or causes a child less than seventeen (17) years old 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 old, he/she 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.
He/she 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 195.130, RSMo.; or
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
INJURY
MOTOR VEHICLE
UNATTENDED
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
The act of a motor vehicle coming into contact with an object
or a person.
Physical harm to the body of a person.
Any automobile, truck, truck-tractor, or any motorbus 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 ten (10) years of age or less
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 1476 § 4, 2-9-2017]
A.
No person shall look, peer or peep into or be found loitering around
or within view of any window of a private dwelling house not on his
or her own property.
B.
No person shall knowingly view, photograph, film, videotape, or produce
or otherwise create an image of another person, without that person's
consent, while such other person is in a state of nudity and is in
a place where one would have a reasonable expectation that they could
disrobe in privacy without being concerned that their undressing was
being viewed, photographed or filmed by another.
C.
No person shall knowingly photograph, film, videotape, or produce
or otherwise create 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.
