[R.O. 2009 § 225.120; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.130; Ord. No. 3321, 12-13-2016]
A.
A person commits the offense of domestic
assault if the act involves a domestic victim, as the term "domestic
victim" is defined under Section 565.002, RSMo., and:
1.
The person attempts to cause or recklessly
causes physical injury, physical pain, or illness to such domestic
victim;
2.
With criminal negligence the person
causes physical injury to such domestic victim by means of a deadly
weapon or dangerous instrument;
3.
The person purposely places such
domestic victim in apprehension of immediate physical injury by any
means;
4.
The person recklessly engages in
conduct which creates a substantial risk of death or serious physical
injury to such domestic victim;
5.
The person knowingly causes physical
contact with such domestic victim knowing he or she will regard the
contact as offensive; or
6.
The person knowingly attempts to
cause or causes the isolation of such domestic victim by unreasonably
and substantially restricting or limiting his or her 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.
[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 § 565.083, was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017.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 225.120, Assault, as it relates to a "special victim."
[R.O. 2009 § 225.160; Ord. No. 3321, 12-13-2016]
A.
DISTURBS
Definitions. As used in this Section:
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.
[R.O. 2009 § 225.170; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.180; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.190; Ord. No. 3321, 12-13-2016]
A.
COLLISION
INJURES
MOTOR VEHICLE
UNATTENDED
Definitions. As used in this Section,
the following terms mean:
The act of a motor vehicle coming into contact with an object
or a person.
To cause physical harm to the body of a person.
Any automobile, truck, truck-tractor, or any motor bus 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 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.
[R.O. 2009 § 225.200; Ord. No. 2795 § I(225.342), 4-10-2008; Ord. No. 3321, 12-13-2016]
A.
When a Law Enforcement Officer has probable
cause to believe that a party, against whom a protective order has
been entered and who has notice of such order entered, has committed
an act of abuse in violation of such order, the officer shall arrest
the offending party-respondent whether or not the violation occurred
in the presence of the arresting officer. When the officer declines
to make arrest pursuant to this Subsection, the officer shall make
a written report of the incident completely describing the offending
party, giving the victim's name, time, address, reason why no arrest
was made and any other pertinent information. Any Law Enforcement
Officer subsequently called to the same address within a twelve-hour
period, who shall find probable cause to believe the same offender
has again committed a violation as stated in this Subsection against
the same or any other family or household member, shall arrest the
offending party for this subsequent offense. The primary report of
non-arrest in the preceding twelve-hour period may be considered as
evidence of the defendant's intent in the violation for which arrest
occurred. Refusal of the victim to sign an official complaint against
the violator shall not prevent an arrest under this Subsection.
B.
When an officer makes an arrest, he/she
is not required to arrest two (2) parties involved in an assault when
both parties claim to have been assaulted. The arresting officer shall
attempt to identify and shall arrest the party he/she believes is
the primary physical aggressor. The term "primary physical aggressor"
is defined as the most significant, rather than the first aggressor.
The Law Enforcement Officer shall consider any or all of the following
in determining the primary physical aggressor:
1.
The intent of the law to protect
victims of domestic violence from continuing abuse;
2.
The comparative extent of injuries
inflicted or serious threats creating fear of physical injury;
3.
The history of domestic violence
between the persons involved.
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No Law Enforcement Officer investigating
an incident of family violence shall threaten the arrest of all parties
for the purpose of discouraging requests or law enforcement intervention
by any party. Where complaints are received from two (2) or more opposing
parties, the officer shall evaluate each complaint separately to determine
whether he/she should seek a warrant for an arrest.
|
C.
In an arrest in which a Law Enforcement
Officer acted in good faith reliance on this Section, the arresting
and assisting Law Enforcement Officers and their employing entities
and superiors shall be immune from liability in any civil action alleging
false arrest, false imprisonment or malicious prosecution.
D.
When a person against whom an order of
protection has been entered fails to surrender custody of minor children
to the person to whom custody was awarded in an order of protection,
the Law Enforcement Officer shall arrest the respondent, and shall
turn the minor children over to the care and custody of the party
to whom such care and custody was awarded.
E.
The same procedures, including those designed
to protect constitutional rights, shall be applied to the respondent
as those applied to any individual detained in Police custody.
F.
For the purposes of this Subsection, in
addition to the notice provided by actual service of the order, a
party is deemed to have notice of an order of protection if the Law
Enforcement Officer responding to a call of a reported incident of
abuse or violation of an order of protection presented a copy of the
order of protection to the respondent.
G.
Nothing in this Section shall be interpreted
as creating a private cause of action for damages to enforce the provisions
set forth herein.
