A.Â
A person commits the offense of assault if:
1.Â
The person attempts to cause or recklessly causes physical injury,
physical pain or illness to another person;
2.Â
With criminal negligence the person causes physical injury to
another person by means of a firearm;
3.Â
The person purposely places another person in apprehension of
immediate physical injury;
4.Â
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to another person;
5.Â
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.Â
The person knowingly causes physical contact with another person
knowing the other person will regard the contact as offensive or provocative.
A.Â
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.Â
The person attempts to cause or recklessly causes physical injury,
physical pain, or illness to such domestic victim;
2.Â
With criminal negligence the person causes physical injury to
such domestic victim by means of a deadly weapon or dangerous instrument;
3.Â
The person purposely places such domestic victim in apprehension
of immediate physical injury by any means;
4.Â
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to such domestic victim;
5.Â
The person knowingly causes physical contact with such domestic
victim knowing he or she will regard the contact as offensive; or
6.Â
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 RSMo. §565.083, was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017. See section 215.120, 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.
A.Â
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.Â
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.Â
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.Â
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.Â
ABUSE
1.Â
2.Â
3.Â
4.Â
5.Â
6.Â
ADULT
COURT
EX PARTE ORDER OF PROTECTION
FAMILY OR HOUSEHOLD MEMBER
FULL ORDER OF PROTECTION
ORDER OF PROTECTION
PETITIONER
RESPONDENT
STALKING
1.Â
2.Â
3.Â
Definitions. As used in this Section, unless the context clearly indicates otherwise:
Includes, but is not limited to, the occurrence of any of
the following acts, attempts or threats against a person who may be
protected pursuant to Chapter 455, RSMo., except abuse shall not include
abuse inflicted on a child by accidental means by an adult household
member or discipline of a child, including spanking, in a reasonable
manner:
Assault. Purposely or knowingly placing or
attempting to place another in fear of physical harm.
Battery. Purposely or knowingly causing physical
harm to another with or without a deadly weapon.
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.
Harassment. Engaging in a purposeful or knowing
course of conduct involving more than one (1) incident that alarms
or causes distress to an adult or child and serves no legitimate purpose.
The course of conduct must be such as would cause a reasonable adult
or child to suffer substantial emotional distress and must actually
cause substantial emotional distress to the petitioner or child. Such
conduct might include, but is not limited to:
Sexual assault. Causing or attempting to cause
another to engage involuntarily in any sexual act by force, threat
of force, or duress.
Unlawful imprisonment. Holding, confining,
detaining or abducting another person against that person's will.
Any person eighteen (18) years of age or older or otherwise
emancipated.
The Circuit Court or Associate Circuit Court of the State
of Missouri.
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.
Spouses, former spouses, any person related by blood or marriage,
persons who are presently residing together or have resided together
in the past, any person who is or has been in a continuing social
relationship of a romantic or intimate nature with the victim, and
anyone who has a child in common regardless of whether they have been
married or have resided together at any time.
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 family or household member who has been a victim of domestic
violence, or any person who has been the victim of stalking, or a
person filing on behalf of a child pursuant to Section 455.503, RSMo.,
who has filed a verified petition pursuant to the provisions of Section
455.020, RSMo., or Section 455.505, RSMo.
The family or household member alleged to have committed
an act of domestic violence, or person alleged to have committed an
act of stalking, against whom a verified petition has been filed or
a person served on behalf of a child pursuant to Section 455.503,
RSMo.
When any person purposely and repeatedly engages in an unwanted
course of conduct that causes alarm to another person when it is reasonable
in that person's situation to have been alarmed by the conduct. As
used in this Section:
"Alarm" means to cause fear of danger of physical
harm;
"Course of conduct" means a pattern of conduct
composed of repeated acts over a period of time, however short, that
serves no legitimate purpose. Such conduct may include, but is not
limited to, following the other person or unwanted communication or
unwanted contact;
"Repeated" means two (2) or more incidents
evidencing a continuity of purpose.
B.Â
A violation
of the terms and conditions, with regard to abuse, stalking, child
custody, or entrance upon the premises of the petitioner's dwelling
unit, of an ex parte order of protection, of which the respondent
has notice, shall be a municipal ordinance violation.
C.Â
A violation
of the terms and conditions, with regard to abuse, stalking, child
custody, or entrance upon the premises of the petitioner's dwelling
unit, of a full order of protection may be charged as a municipal
ordinance violation. 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 the call of a reported incident of abuse or
violation of an order of protection presented a copy of the order
of protection to the respondent.
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.Â
A person commits the offense of endangering the welfare of a child
if he/she:
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
A person
commits the offense of identity theft if he or she knowingly and with
the intent to deceive or defraud obtains, possesses, transfers, uses,
or attempts to obtain, transfer or use, one (1) or more means of identification
not lawfully issued for his or her use.
B.Â
The
term "means of identification" as used in this Section
includes, but is not limited to, the following:
1.Â
Social Security numbers;
2.Â
Driver's license numbers;
3.Â
Checking account numbers;
4.Â
Savings account numbers;
5.Â
Credit card numbers;
6.Â
Debit card numbers;
7.Â
Personal identification (PIN) code;
8.Â
Electronic identification numbers;
9.Â
Digital signatures;
10.Â
Any other numbers or information that can be used to access a person's
financial resources;
11.Â
Biometric data;
12.Â
Fingerprints;
13.Â
Passwords;
14.Â
Parent's legal surname prior to marriage;
15.Â
Passports; or
16.Â
Birth certificates.
C.Â
A person
found guilty of identity theft shall be punished as follows:
1.Â
Identity theft or attempted identity theft which does not result
in the theft or appropriation of credit, money, goods, services, or
other property is an ordinance violation.
2.Â
Identity theft which results in the theft or appropriation of credit,
money, goods, services, or other property not exceeding five hundred
dollars ($500.00) in value is an ordinance violation.
D.Â
In addition to the provisions of Subsection (C) of this Section, the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim:
E.Â
In addition to the criminal penalties in Subsections (C) and (D) of this Section, any person who commits an act made unlawful by Subsection (A) of this Section shall be liable to the person to whom the identifying information belonged for civil damages of up to five thousand dollars ($5,000.00) for each incident, or three (3) times the amount of actual damages, whichever amount is greater. A person damaged as set forth in Subsection (A) of this Section may also institute a civil action to enjoin and restrain future acts that would constitute a violation of Subsection (A) of this Section. The court, in an action brought under this Subsection, may award reasonable attorneys' fees to the plaintiff.
G.Â
Civil
actions under this Section must be brought within five (5) years from
the date on which the identity of the wrongdoer was discovered or
reasonably should have been discovered.
H.Â
Civil
action pursuant to this Section does not depend on whether a criminal
prosecution has been or will be instituted for the acts that are the
subject of the civil action. The rights and remedies provided by this
Section are in addition to any other rights and remedies provided
by law.
I.Â
This
Section shall not apply to the following activities:
1.Â
A person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, going to a gaming establishment, or another privilege denied to minors. Nothing in this Subparagraph shall affect the provisions of Subsection (J) of this Section;
2.Â
A person obtains means of identification or information in the course
of a bona fide consumer or commercial transaction;
3.Â
A person exercises, in good faith, a security interest or right of
offset by a creditor or financial institution;
4.Â
A person complies, in good faith, with any warrant, court order,
levy, garnishment, attachment, or other judicial or administrative
order, decree, or directive, when any party is required to do so;
5.Â
A person is otherwise authorized by law to engage in the conduct
that is the subject of the prosecution.
J.Â
Any
person who obtains, transfers, or uses any means of identification
for the purpose of manufacturing and providing or selling a false
identification card to a person under the age of twenty-one (21) for
the purpose of purchasing or obtaining alcohol shall be guilty of
an ordinance violation.