City of Berkeley, MO Article II Offenses Against the Person

Section 210.120 Assault. [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: As to assault of certain other persons, see the definition of "special victim" as set out in Section 210.010 of this Chapter.

Section 210.130 Model Code on Domestic and Family Violence.

A. The Model Code on Domestic and Family Violence, a copy of which is on file in the City offices, is hereby adopted and shall serve as the law, policy and procedure of the City of Berkeley.

B. Violation of this Section shall be punishable with a fine up to one thousand dollars ($1,000.00) and/or imprisonment in the Municipal or County Jail of up to ninety (90) days, or both fine and imprisonment.

Section 210.140 (Reserved) [1]

[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 §565.083, was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017.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 210.120, Assault, as it relates to a "special victim."

Section 210.150 Harassment. [1]

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.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.160 Stalking — Definitions. [1]

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.

Section 210.170 Kidnapping. [1]

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.

Section 210.180 Endangering the Welfare of a Child. [1]

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.

Section 210.190 Leaving a Child Unattended in a Motor Vehicle — Definitions. [1]

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.

Section 210.200 Parental Neglect Prohibited.

A. Definitions. For the purpose of this Section, the following words and phrases are defined as follows:

CRIMINAL ACT

An act which violates the Statutes of the United States, the Statutes of the State of Missouri, or the ordinances of the City of Berkeley, Missouri, including moving traffic violations.

MINOR

Any person under the age of eighteen (18).

[Ord. No. 4543, 5-6-2019]

PARENT

Mother, father, legal guardian or any person having the care or custody of a minor.

B. No parent shall knowingly permit, encourage, aid or cause a minor to commit a criminal act nor engage in any conduct which would be injurious to the minor's morals or health.

C. No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit a criminal act.

D. Notification Of Responsibility.

1. Whenever a minor child shall be arrested or detained for the commission of any criminal act within the City of Berkeley, Missouri, the Police Department shall immediately notify the minor's parent of the arrest or detention and shall advise the parent of his/her responsibility under this Section and such parent shall appear in the said Police Department within forty-eight (48) hours after such notice.

2. A record of said notification shall be kept by the Police Department.

E. Any person violating any of the provisions of this Section shall be subject to a fine of not more than five hundred dollars ($500.00).

Section 210.210 Identity Theft.

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, possess, transfer or use one (1) or more means of identification not lawfully issued for his or her use. Any person accused of identity theft may be prosecuted in the Municipal Court provided:

1. The offense was committed wholly in or partly within the City, or

2. The victim resides in the City, or

3. The property obtained or attempted to be obtained was located in the City.

B. The term "means of identification", as used in this Section, includes, but is not limited to, the following:

1. Social Security numbers; or

2. Driver's license numbers; or

3. Checking account numbers; or

4. Savings account numbers; or

5. Credit card numbers; or

6. Debit card numbers; or

7. Personal identification (PIN) code; or

8. Electronic identification numbers; or

9. Digital signatures; or

10. Biometric data; or

11. Fingerprints; or

12. Passwords; or

13. Parent's legal surname prior to marriage; or

14. Passports, visas or work permits; or

15. Birth certificates; or

16. Insurance cards, policies or certificates; or

17. Any other numbers or information that can be used to access a person's financial resources.

C. In addition to the provisions of Subsection (E) 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's 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.

D. 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;

2. A person obtains means of identification or information in the course of a bona fide consumer or commercial transaction unless the identification or information is obtained with the intent to deceive or defraud;

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.

E. Any person convicted of committing an offense established by this Section shall be subject to punishment as follows:

1. If the offense does not result in the theft or appropriation of credit, money, goods, services or other property, the person shall be punished by a fine not to exceed five hundred dollars ($500.00), by imprisonment not to exceed ninety (90) days, or both.

2. If the offense results in the theft or appropriation of credit, money, goods, services or other property, the person shall be punished by a fine not to exceed one thousand dollars ($1,000.00), by imprisonment not to exceed ninety (90) days, or both.

F. Nothing herein contained shall be construed as preventing or otherwise limiting a person's right to recovery of civil damages and attorney's fees in an action brought under Section 570.223, RSMo.

Section 210.220 (Reserved) [1]

[1] Editor's Note: Former Section 210.220, Trafficking in Stolen Identities, was repealed 5-6-2019, by Ord. No. 4543.

Section 210.230 through Section 210.290. (Reserved)