Exciting enhancements are coming soon to eCode360! Learn more 🡪
University City, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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: As to assault of certain other persons, see the definition of "special victim" as set out in section 215.010 of this Chapter.
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 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. 
Definitions. As used in this Section:
DISTURBS
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. 
Definitions. As used in this Section, unless the context clearly indicates otherwise:
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 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:
1. 
Assault. Purposely or knowingly placing or attempting to place another in fear of physical harm.
2. 
Battery. Purposely or knowingly causing physical harm to another with or without a deadly weapon.
3. 
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.
4. 
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:
a. 
Following another about in a public place or places;
b. 
Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity.
5. 
Sexual assault. Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress.
6. 
Unlawful imprisonment. Holding, confining, detaining or abducting another person against that person's will.
ADULT
Any person eighteen (18) years of age or older or otherwise emancipated.
COURT
The Circuit Court or Associate Circuit Court of the State of Missouri.
EX PARTE ORDER OF PROTECTION
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.
FAMILY OR HOUSEHOLD MEMBER
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.
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.
ORDER OF PROTECTION
Either an ex parte order of protection or a full order of protection.
PETITIONER
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.
RESPONDENT
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.
STALKING
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:
1. 
"Alarm" means to cause fear of danger of physical harm;
2. 
"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;
3. 
"Repeated" means two (2) or more incidents evidencing a continuity of purpose.
B. 
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. 
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.
D. 
Good faith attempts to effect a reconciliation of a marriage shall not be deemed tampering with a witness or victim tampering under Section 215.340.
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. 
Definitions. As used in this Section, the following terms mean:
COLLISION
The act of a motor vehicle coming into contact with an object or a person.
INJURES
To cause physical harm to the body of a person.
MOTOR VEHICLE
Any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks.
UNATTENDED
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.
A. 
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. 
The term "means of identification" as used in this Section includes, but is not limited to, the following:
1. 
Social Security numbers;
2. 
Driver's license numbers;
3. 
Checking account numbers;
4. 
Savings account numbers;
5. 
Credit card numbers;
6. 
Debit card numbers;
7. 
Personal identification (PIN) code;
8. 
Electronic identification numbers;
9. 
Digital signatures;
10. 
Any other numbers or information that can be used to access a person's financial resources;
11. 
Biometric data;
12. 
Fingerprints;
13. 
Passwords;
14. 
Parent's legal surname prior to marriage;
15. 
Passports; or
16. 
Birth certificates.
C. 
A person found guilty of identity theft shall be punished as follows:
1. 
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. 
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. 
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:
1. 
In clearing the credit history or credit rating of the victim; and
2. 
In connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising from the actions of the defendant.
E. 
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.
F. 
If the identifying information of a deceased person is used in a manner made unlawful by Subsection (A) of this Section, the deceased person's estate shall have the right to recover damages pursuant to Subsection (E) of this Section.
G. 
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. 
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. 
This Section shall not apply to the following activities:
1. 
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. 
A person obtains means of identification or information in the course of a bona fide consumer or commercial transaction;
3. 
A person exercises, in good faith, a security interest or right of offset by a creditor or financial institution;
4. 
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. 
A person is otherwise authorized by law to engage in the conduct that is the subject of the prosecution.
J. 
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.