[R.O. 2007 § 210.010; CC 1979 § 20-23; Ord. No. 2226 §§ 1
— 4, 11-10-1994; Ord. No. 6579 § 2, 7-28-2016[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: Section 25 of this ordinance
provided that it would take effect at 12:01 A.M. on 1-1-2017.
[1]
Editor’s Note: Former § 210.020,
Assault of a Law Enforcement Officer, was repealed 7-28-2016 by Ord.
No. 6579 § 1.
[R.O. 2007 § 210.030; CC 1979 § 20-20; Ord. No. 1738 §§ 1
— 3, 3-28-1991; Ord. No. 6579 § 4, 7-28-2016[2]]
A.
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.
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.
[Ord. No. 6579 § 5, 7-28-2016[2]]
A.
COURSE OF CONDUCT
DISTURBS
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.
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 of disturbing another person and:
1.
Makes a threat communicated with
the intent to cause the person who is the target of the threat to
reasonably fear for his or her safety, the safety of his or her family
or household member, or the safety of 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 shall be against the life
of, or a threat to cause physical injury to, or the kidnapping of
the person, the person's family or household members, or the person's
domestic animals or livestock as defined in Section 276.606, RSMo.,
kept at such person's residence or on such person's property; or
2.
At least one of the acts constituting
the course of conduct is in violation of an order of protection and
the person has received actual notice of such order; or
3.
At least one of the actions constituting
the course of conduct is in violation of a condition of probation,
parole, pretrial release, or release on bond pending appeal; or
4.
At any time during the course of
conduct, the other person is seventeen (17) years of age or younger
and the person disturbing the other person is twenty-one (21) years
of age or older; or
5.
He or she has previously been found
guilty of domestic assault, violation of an order of protection, or
any other crime where the other person was the victim; or
6.
At any time during the course of
conduct, the other person is a participant of the address confidentiality
program under Sections 589.660 to 589.681, RSMo., and the person disturbing
the other person knowingly accesses or attempts to access the address
of the other person.
C.
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.
D.
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.
[Ord. No. 6737 § 1, 4-27-2017]
A.
Regardless of whether there is a physical trespass pursuant to Section 210.240 or 210.245 of this Code, a person is liable for constructive invasion of property when a person:
1.
Knowingly attempts to capture or
knowingly captures, in a manner that is offensive to a reasonable
person;
a.
Any type of visual image, visual
recording, sound recording, or other physical impression; of another
engaging in private, personal, or familial activity; in a place in
which that person has a reasonable expectation of privacy;
b.
And that impression could not have
been achieved without a trespass unless the device was used.
B.
This section shall not be construed to
impair or limit any otherwise lawful activities of law enforcement
personnel or employees of governmental agencies or other entities,
either public or private, who, in the course and scope of their employment,
and supported by an articulable suspicion, attempt to capture any
type of visual image, sound recording, or other physical impression
of a person during an investigation, surveillance, or monitoring of
any conduct to obtain evidence of suspected illegal activity or other
misconduct, the suspected violation of any administrative rule or
regulation, a suspected fraudulent conduct, or any activity involving
a violation of law or business practices or conduct of public officials
adversely affecting the public welfare, health, or safety.
