As used in this Article, the following terms shall have the
meanings set forth herein:
Any act involving the genitals of one person and the hand,
mouth, tongue or anus of another person or a sexual act involving
the penetration, however slight, of the penis, 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.
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 the sexual desire of any person or for the
purpose of terrorizing the victim.
Any penetration, however slight, of the female genitalia
by the penis.
A.
A person commits the offense of sexual misconduct in the first degree
if such person:
1.
Exposes his/her genitals under circumstances in which he/she
knows that his/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/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.
A person commits the offense of sexual abuse in the second degree
if he/she purposely subjects another person to sexual contact without
that person's consent.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
Any person who has been found guilty of:
1.
Violating any of the provisions of Chapter 566, RSMo., or the
provisions of Section 568.020, RSMo., Incest; Section 568.045, RSMo.,
Endangering The Welfare Of A Child In The First Degree; Section 573.200,
RSMo., Use Of A Child In A Sexual Performance; 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 In The First Degree; Section 573.035, RSMo., Promoting
Child Pornography In The Second Degree; 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.
C.
Violation of the provisions of this Section is an ordinance violation.
A.
Any person who has been found guilty of:
1.
Violating any of the provisions of Chapter 566, RSMo., or the
provisions of Section 568.020, RSMo., Incest; Section 568.045, RSMo.,
Endangering The Welfare Of A Child In The First Degree; Section 573.200,
RSMo., Use Of A Child In A Sexual Performance; 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 pleaded guilty or nolo contendere to, or been convicted of, or 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/she wishes to attend for which he/she has not yet had permission granted.
C.
Regardless of the person's knowledge of his or her proximity to school
property or a school-related activity, violation of the provisions
of this Section is an ordinance violation.
A.
Any person required to register as a sexual offender under Sections
589.400 to 589.425, RSMo., shall be required on October 31st of each
year to:
1.
Avoid all Halloween-related contact with children;
2.
Remain inside his or her residence between the hours of 5:00
P.M. and 10:30 P.M. unless required to be elsewhere for just cause
including, but not limited to, employment or medical emergencies;
3.
Post a sign at his or her residence stating "No candy or treats
at this residence"; and
4.
Leave all outside residential lighting off during the evening
hours after 5:00 P.M.
A.
NUDITY or STATE OF NUDITY
1.
2.
3.
PUBLIC PLACE
Definitions. The
following words and/or phrases shall have the following meanings as
set out herein:
The showing of the bare human male or female genitals or pubic
area with less than full opaque clothing covering; or
The showing of the female breast below a horizontal line across
the top of the areola, or a simulation thereof, at its highest point
with less than fully opaque clothing covering. This definition shall
include the entire lower portion of the human female breast, but shall
not include any portion of the cleavage of the human female breast
exhibited by a dress, blouse, shirt, leotard, bathing or swim suit
or other wearing apparel, provided the areola is not exposed in whole
or in part; or
The showing of the covered male genitals in a discernably turgid
state.
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Exception: The mother in the act of nursing
her baby shall not be included within this definition, nor shall any
child under the age of seven (7).
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Any location frequented by the public or where the public
is present or likely to be present or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, schools,
churches, government buildings, business and commercial establishments
(whether for profit or not-for-profit and whether open to the public
at large or where entrance is limited by a cover charge or membership
requirement), hotels, motels, restaurants, bars, nightclubs, country
clubs and meeting facilities utilized by any religious, social, fraternal
or similar organizations. Premises used solely as a private residence,
whether permanent or temporary in nature, and enclosed motel and enclosed
hotel rooms designed and intended for sleeping accommodations shall
not be deemed to be public places except where or in a manner such
that the person knows or has reason to know that his/her state of
nudity or conduct described in this Section is observable by or in
the presence of persons other than the occupants of the residence
or those for whom the sleeping accommodations in the enclosed motel
or hotel room are intended, nor shall the definition of "public place"
include nudity in places in which nudity is necessarily and customarily
expected outside the home including: enclosed single-sex public restroom,
enclosed single-sex functional showers, locker and/or dressing facilities,
doctors' offices, portions of hospitals and similar places.
B.
Nudity And Certain Acts Prohibited. It shall be unlawful
for any person in a public place to knowingly or intentionally:
1.
Engage in acts of, or simulated acts of, sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, sadomasochism, excretory functions
or other ultimate sexual acts;
2.
Appear in a state of nudity;
3.
Caress or fondle the buttock, anus, vulva, female breasts or genitals
of himself/herself or another person; or
4.
Urinate or defecate.
C.
Exception. The provisions of this Section shall not apply
to nudity as defined herein when such nudity is in a theatrical production
which is not obscene as defined in Chapter 573, RSMo., which has serious
artistic merit and is performed within a fine arts theatre by a professional
or amateur theatrical company or musical company, provided that such
production is not in violation of other criminal Statutes.
