[Ord. No. 4085 § 1, 11-21-2016]
As used in this Article, the following terms mean:
Any sexual act involving the genitals of one person and the
mouth, hand, tongue, or anus of another person; or any act involving
the penetration, however slight, of the penis, the 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.
Any violation of City of DeSoto ordinances for prostitution,
patronizing prostitution, or promoting prostitution.
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 sexual desire of any person or for the purpose
of terrorizing the victim.
Any penetration, however slight, of the female genitalia
by the penis.
Any money or property, or any token, object or article exchangeable
for money or property.
[Ord. No. 4085 § 1, 11-21-2016]
A person commits the offense of prostitution if he or she engages
in or offers or agrees to engage in sexual conduct with another person
in return for something of value to be received by any person.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 4085 § 1, 11-21-2016]
A.
A person commits the offense of patronizing prostitution if he or
she:
1.
Pursuant to a prior understanding, gives something of value
to another person as compensation for having engaged in sexual conduct
with any person; or
2.
Gives or agrees to give something of value to another person
with the understanding that such person or another person will engage
in sexual conduct with any person; or
3.
Solicits or requests another person to engage in sexual conduct
with any person in return for something of value.
4.
It shall not be a defense that the person believed that the
individual he or she patronized for prostitution was eighteen (18)
years of age or older.
[1]
Editor’s Note: Former Section 215.460, Prostitution
and Patronizing Prostitution — Sex of Parties No Defense, When,
was repealed 11-21-2016 by § 1 of Ord. No. 4083.
[Ord. No. 4085 § 1, 11-21-2016]
A.
Any room, building or other structure regularly used for any prostitution
activity prohibited by this Chapter is a public nuisance.
B.
The City Attorney may, in addition to all other sanctions, prosecute
a suit in equity to enjoin the nuisance. If the court finds that the
owner of the room, building or structure knew or had reason to believe
that the premises were being used regularly for prostitution activity,
the court may order that the premises shall not be occupied or used
for such period as the court may determine, not to exceed one (1)
year.
C.
All persons, including owners, lessees, officers, agents, inmates
or employees, aiding or facilitating such a nuisance may be made defendants
in any suit to enjoin the nuisance, and they may be enjoined from
engaging in any prostitution activity anywhere within the jurisdiction
of the court.
[Ord. No. 4085 § 1, 11-21-2016[1]]
A.
A person commits the offense of sexual misconduct if such person:
1.
Exposes his or her genitals under circumstances in which he
or she knows that his or 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 or 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.
[1]
Editor’s Note: Ord. No. 4085 also changed the title
of this Section from "Indecent Exposure (Sexual Misconduct)" to "Sexual
Misconduct."
[Ord. No. 3781 §1, 5-19-2008; Ord. No. 3852 §1, 3-15-2010; Ord. No. 4085 § 1, 11-21-2016]
A.
Any person who has been found guilty of:
1.
Violating any of the provisions of this Chapter or the provisions
of Section 568.020 RSMo., incest; Section 568.045, RSMo., endangering
the welfare of a child; Subsection 2 of Section 568.080, RSMo., as
it existed prior to January 1, 2017, or Section 573.200, RSMo., use
of a child in a sexual performance; Section 568.090, RSMo., as it
existed prior to January 1, 2017, or Section 573.205, 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;
or
2.
Any offense in any other jurisdiction which, if committed in
this State, would be a violation listed in this Section;
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shall not be present in or loiter within five hundred (500) feet of any school building, on real property comprising any school, 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 offender is a parent, legal guardian, or custodian of a student present in the building and has met the conditions set forth in Subsection (B) of this Section.
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B.
No parent, legal guardian, or custodian who has been found guilty of violating any of the offenses listed in Subsection (A) of this Section shall be present in any school building, on real property comprising any school, 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 from the superintendent or school board or in the case of a private school from the principal. 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.
[Ord. No. 3853 §1, 3-15-2010; Ord. No. 4085 § 1, 11-21-2016]
A.
Any person who has been found guilty of:
1.
Violating any of the provisions of this Chapter or the provisions
of Section 568.020, RSMo., incest; Section 568.045, RSMo., endangering
the welfare of a child; Subsection 2 of Section 568.080, RSMo., as
it existed prior to January 1, 2017, or Section 573.200, RSMo., use
of a child in a sexual performance; Section 568.090, RSMo., as it
existed prior to January 1, 2017, or Section 573.205, RSMo., promoting
a sexual performance by a child; Section 573.023, RSMo., sexual exploitation
of a minor; Section 573.025, RSMo., promoting child pornography; Section
573.035, RSMo., promoting child pornography; Section 573.037, RSMo.,
possession of child pornography, or Section 573.040, RSMo., furnishing
pornographic material to minors; or
2.
Any offense in any other jurisdiction which, if committed in
this State, would be a violation listed in this Section;
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shall not knowingly be physically present in or loiter within
five hundred (500) feet of or to approach, contact, or communicate
with any child under eighteen (18) years of age in any child care
facility building, on the real property comprising any child care
facility when persons under the age of eighteen (18) are present in
the building, on the grounds, or in the conveyance, unless the offender
is a parent, legal guardian, or custodian of a student present in
the building or on the grounds.
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B.
For purposes of this Section, "child care facility" shall include
any child care facility licensed under Chapter 210, RSMo., or any
child care facility that is exempt from State licensure but subject
to State regulation under Section 210.252, RSMo., and holds itself
out to be a child care facility.
