A.
A person
commits the offense of assault if:
1.
The person attempts to cause or recklessly causes physical injury
to another person;
2.
With criminal negligence the person causes physical injury to another
person by means of a deadly weapon;
3.
The person purposely places another person in apprehension of immediate
physical injury;
4.
The person recklessly engages in conduct which creates a grave risk
of death or serious physical injury to another person;
5.
The person knowingly causes physical contact with another person
knowing the other person will regard the contact as offensive or provocative;
or
6.
The person knowingly causes physical contact with an incapacitated
person, as defined in Section 475.010, RSMo., which a reasonable person,
who is not incapacitated, would consider offensive or provocative.
A.
A person
commits the offense of domestic assault if the act involves a family
or household member or an adult who is or has been in a continuing
social relationship of a romantic or intimate nature with the actor
as defined in Section 455.010, RSMo., and:
1.
The person attempts to cause or recklessly causes physical injury
to such family or household member;
2.
With criminal negligence the person causes physical injury to such
family or household member by means of a deadly weapon or dangerous
instrument;
3.
The person purposely places such family or household member in apprehension
of immediate physical injury by any means;
4.
The person recklessly engages in conduct which creates a grave risk
of death or serious physical injury to such family or household member;
5.
The person knowingly causes physical contact with such family or
household member knowing the other person will regard the contact
as offensive; or
6.
The person knowingly attempts to cause or causes the isolation of
such family or household member by unreasonably and substantially
restricting or limiting such family or household member's 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.
A.
A person
commits the offense of assault of a Law Enforcement Officer, emergency
personnel or Probation and Parole Officer if:
1.
Such person recklessly causes physical injury to a Law Enforcement
Officer, emergency personnel or Probation and Parole Officer;
2.
Such person purposely places a Law Enforcement Officer, emergency
personnel or Probation and Parole Officer in apprehension of immediate
physical injury;
3.
Such person knowingly causes or attempts to cause physical contact
with a Law Enforcement Officer, emergency personnel or Probation and
Parole Officer without the consent of the Law Enforcement Officer,
emergency personnel or Probation and Parole Officer.
B.
As
used in this Section, "emergency personnel" means
any paid or volunteer firefighter, emergency room or trauma center
personnel, or emergency medical technician as defined in Subdivisions
(15), (16) and (17) of Section 190.100, RSMo.
[Ord. No. 270 §2, 12-19-2007]
A.
COURSE OF CONDUCT
ELECTRONIC COMMUNICATION
ELECTRONIC COMMUNICATIONS DEVICE
HARASS
1.
2.
STALKING
Definitions. Unless
the context otherwise requires, the following terms shall have the
meanings set out herein:
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the meaning
of "course of conduct". Such constitutionally protected
activity includes picketing or other organized protests.
The origination, emission, dissemination, transmission, or
reception of data, images, signals, sounds, or other intelligence
or equivalence of intelligence of any nature over any communications
system by any method, including but not limited to, a fiber optic,
electronic, magnetic, optical, digital, or analog method. By way of
example, "electronic communication" includes, but
is not limited to:
Any instrument, equipment, machine, or other device that
facilitates telecommunication, including but not limited to, a computer,
computer network, computer chip, computer circuit, scanner, telephone,
cellular telephone, pager, personal communications device, transponder,
receiver, radio, modem, or device that enables the use of a modem.
To engage in a course of conduct directed at a specific person
that serves no legitimate purpose, that:
Would cause a reasonable person to suffer substantial emotional
distress, and that actually causes substantial emotional distress
to that person; or
If the course of conduct is engaged in by a person eighteen
(18) years of age or older with respect to a person under the age
of eighteen (18), would cause a prudent parent or guardian to reasonably
observe, or reasonably fear, substantial emotional distress on the
part of the minor who is the target of such conduct.
When a person purposely and repeatedly harasses or follows
with the intent of harassing another person.
B.
Construction. For purposes of this Section, an offense alleged
to have been committed by means of a writing, by telephone, or by
an electronic communications device may be deemed to have been committed
either at the place from which the communication was made or at the
place where the communication was received.
C.
Stalking Prohibited.
D.
Harassment Prohibited. It shall be unlawful for any person,
if for the purpose of frightening or disturbing another person, to:
1.
Communicate in person, or in writing, or by telephone or by means
of any electronic communications device a threat to commit any felony;
2.
Make a telephone call, communicate in writing or by means of any
electronic communications device and use coarse language offensive
to one of average sensibility;
3.
Make a telephone call anonymously;
4.
Communicate by means of any electronic communications device or through
the internet using a false identification; or
E.
Cyber-Harassment Prohibited. It shall be unlawful for any
person, if with intent to harass, alarm, annoy, abuse, threaten, intimidate,
torment or embarrass any other person, to:
1.
Transmit or cause the transmission of an electronic communication,
or knowingly permit an electronic communication to be transmitted
from an electronic communication device under his or her control,
to such other person:
a.
Using any lewd, lascivious, indecent or obscene words, images or
language, or suggesting the commission of any lewd or lascivious act;
b.
Anonymously or repeatedly whether or not conversation occurs; or
c.
Threatening to inflict injury on the person or property of the person
communicated with or any member of his or her family or household;
or
2.
Transmit or cause the transmission of an electronic communication,
or knowingly permit an electronic communication to be transmitted
from an electronic communications device under his or her control,
to a third party for the purpose of instigating, initiating, prompting
or otherwise bringing about or causing such third party to harass,
alarm, annoy, abuse, threaten, intimidate, torment or embarrass such
other person.
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The offense of cyber-harassment shall be a misdemeanor and shall be punishable as provided in Section 100.220 of the Municipal Code of the City of New Melle, Missouri.
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A person commits the offense of false imprisonment if he/she
knowingly restrains another unlawfully and without consent so as to
interfere substantially with his/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:
1.
He/she 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;
2.
He/she knowingly encourages, aids or causes a child less than seventeen (17) years old 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.;
3.
Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he/she 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.;
4.
He/she 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 195.130, RSMo.; or
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.
COLLISION
INJURY
MOTOR VEHICLE
UNATTENDED
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
The act of a motor vehicle coming into contact with an object
or a person.
Physical harm to the body of a person.
Any automobile, truck, truck-tractor, or any motorbus or
motor-propelled vehicle not exclusively operated or driven on fixed
rails or tracks.
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 ten (10) years of age or less
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
