A.
A person commits the offense of concealing an offense if he or she:
1.
Confers or agrees to confer any pecuniary benefit or other consideration
to any person in consideration of that person's concealing of any
offense, refraining from initiating or aiding in the prosecution of
an offense, or withholding any evidence thereof; or
2.
Accepts or agrees to accept any pecuniary benefit or other consideration
in consideration of his/her concealing any offense, refraining from
initiating or aiding in the prosecution of an offense, or withholding
any evidence thereof.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of hindering prosecution if, for the
purpose of preventing the apprehension, prosecution, conviction or
punishment of another person for conduct constituting an offense,
he or she:
1.
Harbors or conceals such person; or
2.
Warns such person of impending discovery or apprehension, except
this does not apply to a warning given in connection with an effort
to bring another into compliance with the law; or
3.
Provides such person with money, transportation, weapon, disguise
or other means to aid him/her in avoiding discovery or apprehension;
or
4.
Prevents or obstructs, by means of force, deception or intimidation,
anyone from performing an act that might aid in the discovery or apprehension
of such person.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of refusal to identify as a witness
if, knowing he or she has witnessed any portion of an offense, or
of any other incident resulting in physical injury or substantial
property damage, he or she refuses to report or gives a false report
of his or her name and present address to a Law Enforcement Officer
engaged in the performance of his or her duties.
A person commits the offense of disturbing a judicial proceeding
if, with the purpose to intimidate a judge, attorney, juror, party
or witness and thereby influence a judicial proceeding, he or she
disrupts or disturbs a judicial proceeding by participating in an
assembly and calling aloud, shouting, or holding or displaying a placard
or sign containing written or printed matter, concerning the conduct
of the judicial proceeding, or the character of a judge, attorney,
juror, party or witness engaged in such proceeding, or calling for
or demanding any specified action or determination by such judge,
attorney, juror, party, or witness in connection with such proceeding.
A.
A person commits the offense of tampering with a witness or victim
if:
1.
With the purpose to induce a witness or a prospective witness
to disobey a subpoena or other legal process, absent himself or herself,
avoid subpoena or other legal process, withhold evidence, information,
or documents, or testify falsely, he or she:
2.
He or she purposely prevents or dissuades or attempts to prevent
or dissuade any person who has been a victim of any crime or a person
who is acting on behalf of any such victim from:
a.
Making any report of such victimization to any peace officer, State,
Local or Federal Law Enforcement Officer, prosecuting agency, or judge;
b.
Causing a complaint, indictment or information to be sought and prosecuted
or assisting in the prosecution thereof;
c.
Arresting or causing or seeking the arrest of any person in connection
with such victimization.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of tampering with physical evidence
if he/she:
1.
Alters, destroys, suppresses or conceals any record, document
or thing with the purpose to impair its verity, legibility or availability
in any official proceeding or investigation; or
2.
Makes, presents or uses any record, document or thing knowing
it to be false with the purpose to mislead a public servant who is
or may be engaged in any official proceeding or investigation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of improper communication if he/she
communicates, directly or indirectly, with any juror, special master,
referee or arbitrator in a judicial proceeding, other than as part
of the proceedings in a case, for the purpose of influencing the official
action of such person.
A.
A person
commits the offense of false impersonation if such person:
1.
Falsely represents himself or herself to be a public servant with
purpose to induce another to submit to his or her pretended official
authority or to rely upon his or her pretended official acts and:
2.
Falsely represents himself or herself to be a person licensed to
practice or engage in any profession for which a license is required
by the laws of this State with purpose to induce another to rely upon
such representation and:
3.
Upon being arrested, falsely represent himself or herself to a Law
Enforcement Officer with the first and last name, date of birth or
social security number, or a substantial number of identifying factors
or characteristics as that of another person that results in the filing
of a report or record of arrest or conviction for an infraction, misdemeanor
or felony that contains the first and last name, date of birth and
social security number, or a substantial number of identifying factors
or characteristics to that of such other person as to cause such other
person to be identified as the actual person arrested or convicted.
B.
If a violation of Subdivision (3) of Subsection (A) of this Section is discovered prior to any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney bringing any action on the underlying charge shall notify the court thereof, and the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.
C.
If a violation of Subdivision (3) of Subsection (A) of this Section is discovered after any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney shall file a motion in the underlying case with the court to correct the arrest and court records after discovery of the fraud upon the court. The court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.
D.
Any
person who is the victim of a false impersonation and whose identity
has been falsely reported in arrest or conviction records may move
for expungement and correction of said records under the procedures
set forth in Section 610.123, RSMo. Upon a showing that a substantial
number of identifying factors of the victim was falsely ascribed to
the person actually arrested or convicted, the court shall order the
false-identifying factors ascribed to the person actually arrested
as are contained in the arrest and court records amended to correctly
and accurately identify the defendant and shall expunge the incorrect
and inaccurate factors from the arrest and court records.
E.
Any
person convicted of committing an offense established by this Section
shall be subject to punishment by a fine not to exceed five hundred
dollars ($500.00), by imprisonment not to exceed ninety (90) days,
or both, unless the person represents himself to be a Law Enforcement
Officer, in which case any fine imposed shall not exceed one thousand
dollars ($1,000.00).
A.
A person
commits the offense of making a false affidavit if, with purpose to
mislead any person, he/she in any affidavit swears falsely to a fact
which is material to the purpose for which said affidavit is made.
B.
The provisions of Subsections (2) and (3) of Section 575.040, RSMo., shall apply to prosecutions under Subsection (A) of this Section.
A.
A person commits the offense of making a false report if he/she knowingly:
1.
Gives false information to any person for the purpose of implicating
another person in an offense; or
2.
Makes a false report to a Law Enforcement Officer that an offense
has occurred or is about to occur; or
3.
Makes a false report or causes a false report to be made to
a Law Enforcement Officer, security officer, Fire Department or other
organization, official or volunteer which deals with emergencies involving
danger to life or property that a fire or other incident calling for
an emergency response has occurred or is about to occur.
A.
A person commits the offense of resisting or interfering with arrest,
detention, or stop if he or she knows or reasonably should know that
a Law Enforcement Officer is making an arrest or attempting to lawfully
detain or stop an individual or vehicle, and for the purpose of preventing
the Officer from effecting the arrest, stop or detention, he or she:
1.
Resists the arrest, stop or detention of such person by using
or threatening the use of violence or physical force or by fleeing
from such officer; or
2.
Interferes with the arrest, stop or detention of another person
by using or threatening the use of violence, physical force or physical
interference.
C.
A person is presumed to be fleeing a vehicle stop if he or she continues
to operate a motor vehicle after he or she has seen or should have
seen clearly visible emergency lights or has heard or should have
heard an audible signal emanating from the law enforcement vehicle
pursuing him or her.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of escape or attempted escape from
confinement if, while being held in confinement after arrest for any
crime, while serving a sentence after conviction for any crime, or
while at an institutional treatment center operated by the Department
of Corrections as a condition of probation or parole, he/she escapes
or attempts to escape from confinement.
A person commits the offense of escape from custody or attempted
escape from custody if, while being held in custody after arrest for
any offense, he/she escapes or attempts to escape from custody.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of interference with legal process if,
knowing another person is authorized by law to serve process, he or
she interferes with or obstructs such person for the purpose of preventing
such person from effecting the service of any process.
B.
"Process" includes any writ, summons, subpoena, warrant other than
an arrest warrant, or other process or order of a court.
A person commits the offense of assault on a police animal if
he or she knowingly attempts to kill or disable or knowingly causes
or attempts to cause serious physical injury to a police animal when
that animal is involved in law enforcement investigation, apprehension,
tracking, or search, or the animal is in the custody of or under the
control of a Law Enforcement Officer, Department of Corrections Officer,
Municipal Police Department or Fire Department or a rescue unit or
agency.
[1]
Note: Under certain circumstances, this offense can be a felony
under state law.
A.
Any
person who willfully violates a written promise to appear in Municipal
Court shall be guilty of a misdemeanor, regardless of the disposition
of the charge for which the complaint or arrest notice was originally
issued.
B.
Any
person who willfully fails to appear and pay the fine or court costs
assessed in accordance with the judgment entered against such person
or who fails to appear at the Municipal Court and to obtain the approval
of the Municipal Judge to any extension of time for payment of such
fine and court costs shall be guilty of an ordinance violation.
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:
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.
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:
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;
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.
[1]
Editor's Note — Ord. no. 1617 §1, adopted November
17, 2008, repealed section 215.120 "false impersonation" and enacted
new provisions set out above.
A.
A person
commits the offense of trafficking in stolen identities when such
person manufactures, sells, transfers, purchases or possesses with
intent to sell or transfer means or identification or identifying
information for the purpose of committing identity theft.
B.
Unauthorized
possession of means of identification of five (5) or more separate
persons shall be evidence that the identities are possessed with intent
to manufacture, sell or transfer means of identification or identifying
information for the purpose of committing identity theft. In determining
possession of five (5) or more identification documents of the same
person or possession of identifying information of five (5) or more
separate persons for the purposes of evidence pursuant to this Subsection,
the following do not apply:
C.
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;
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.
D.
Any
person convicted of committing an offense established by this Section
shall be subject to punishment by a fine not to exceed five hundred
dollars ($500.00), by imprisonment not to exceed ninety (90 days),
or both, unless the person represents himself to be a Law Enforcement
Officer, in which case any fine imposed shall not exceed one thousand
dollars ($1,000.00).
