City of Bolivar, MO Article III Offenses Concerning Administration Of Justice

Section 225.300 Concealing An Offense. [1]

[R.O. 2009 § 225.300; Ord. No. 3321, 12-13-2016]

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.

Section 225.310 Hindering Prosecution. [1]

[R.O. 2009 § 225.310; Ord. No. 3321, 12-13-2016]

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.

Section 225.320 Refusal To Identify As A Witness.

[R.O. 2009 § 225.320; Ord. No. 3321, 12-13-2016]

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.

Section 225.330 Disturbing A Judicial Proceeding.

[R.O. 2009 § 225.330; Ord. No. 3321, 12-13-2016]

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.

Section 225.340 Tampering With A Witness Or Victim. [1]

[R.O. 2009 § 225.340; Ord. No. 3321, 12-13-2016]

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:

a. Threatens or causes harm to any person or property; or

b. Uses force, threats or deception; or

c. Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or

d. Conveys any of the foregoing to another in furtherance of a conspiracy; or

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.

Section 225.350 Tampering With Physical Evidence. [1]

[R.O. 2009 § 225.350; Ord. No. 3321, 12-13-2016]

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.

Section 225.355 Tampering With A Public Record.

[R.O. 2009 § 225.355; R.O. 2007 § 225.130; Ord. No. 763 § 2(j), 1-17-1980; Ord. No. 3321, 12-13-2016]

A. A person commits the offense of tampering with a public record if with the purpose to impair the verity, legibility or availability of a public record:

1. He/she knowingly makes a false entry in or falsely alters any public record; or

2. Knowing he/she lacks authority to do so, he/she destroys, suppresses or conceals any public record.

Section 225.360 Improper Communication.

[R.O. 2009 § 225.360; Ord. No. 3321, 12-13-2016]

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.

Section 225.370 False Impersonation.

[R.O. 2009 § 225.370; Ord. No. 3321, 12-13-2016]

A. A person commits the offense of false impersonation if such person:

1. Falsely represents himself/herself to be a public servant with the purpose to induce another to submit to his/her pretended official authority or to rely upon his/her pretended official acts, and

a. Performs an act in that pretended capacity; or

b. Causes another to act in reliance upon his/her pretended official authority.

2. Falsely represents himself/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

a. Performs an act in that pretended capacity; or

b. Causes another to act in reliance upon such representation; or

3. Upon being arrested, falsely represents himself/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 or offense 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 Subsection (A)(3) hereof 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. 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.

Section 225.380 False Reports.

[R.O. 2009 § 225.380; Ord. No. 3321, 12-13-2016]

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.

B. It is a defense to a prosecution under Subsection (A) of this Section that the person retracted the false statement or report before the Law Enforcement Officer or any other person took substantial action in reliance thereon.

C. The defendant shall have the burden of injecting the issue of retraction under Subsection (B) of this Section.

Section 225.390 Resisting Or Interfering With Arrest, Detention Or Stop. [1]

[R.O. 2009 § 225.390; Ord. No. 3321, 12-13-2016]

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.

B. This Section applies to:

1. Arrests, stops or detentions with or without warrants;

2. Arrests, stops or detentions for any offense, infraction or ordinance violation; and

3. Arrests for warrants issued by a court or a probation and parole officer.

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.

D. It is no defense to a prosecution under Subsection (A) of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest. However, nothing in this Section shall be construed to bar civil suits for unlawful arrest.

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

Section 225.400 Escape Or Attempted Escape From Custody. [1]

[R.O. 2009 § 225.400; Ord. No. 3321, 12-13-2016]

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.

Section 225.410 Interference With Legal Process.

[R.O. 2009 § 225.410; Ord. No. 3321, 12-13-2016]

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.

Section 225.415 Perjury.

[R.O. 2009 § 225.410; R.O. 2007 § 225.060; Ord. No. 763 § 2(c), 1-17-1980; Ord. No. 3321, 12-13-2016]

A. A person commits the offense of perjury if, with the purpose to deceive, he/she knowingly testifies falsely to any material fact upon oath or affirmation legally administered in any official proceeding before any court, public body, notary public or other officer authorized to administer oath.

B. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect or did substantially affect the course or outcome of the cause, matter or proceeding.

C. Knowledge of the materiality of the statement is not an element of this offense and it is no defense that:

1. The person mistakenly believed the fact to be immaterial; or

2. The person was not competent, for reasons other than mental disability or immaturity, to make the statement.

D. It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he/she did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including, but not limited to, statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.

E. The defendant shall have the burden of injecting the issue of retraction under Subsection (D) of this Section.

Section 225.420 False Affidavit.

[R.O. 2009 § 225.420; R.O. 2007 § 225.070; Ord. No. 763 § 2(d), 1-17-1980; Ord. No. 3321, 12-13-2016]

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 (B) and (C) of Section 225.415 shall apply to prosecutions under Subsection (A) of this Section.

C. It is a defense to a prosecution under Subsection (A) of this Section that the person retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:

1. Falsity of the statement was exposed; or

2. Any person took substantial action in reliance on the statement.

D. The defendant shall have the burden of injecting the issue of retraction under Subsection (C) of this Section.

Section 225.425 False Declaration.

[R.O. 2009 § 225.425; R.O. 2007 § 225.080; Ord. No. 763 § 2(e), 1-17-1980; Ord. No. 3321, 12-13-2016]

A. A person commits the offense of making a false declaration if with the purpose to mislead a public servant in the performance of his/her duty, such person:

1. Submits any written false statement which he/she does not believe to be true:

a. In an application for any pecuniary benefit or other consideration;

b. On a form bearing notice authorized by law that false statements made therein are punishable.

2. Submits or invites reliance on:

a. Any writing which he/she knows to be forged, altered or otherwise lacking in authenticity; or

b. Any sample, specimen, map, boundary mark or other object which he/she knows to be false.

B. The falsity of the statement or the item under Subsection (A) of this Section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of Subsections (B) and (C) of Section 225.415 shall apply to prosecutions under Subsection (A) of this Section.

C. It is a defense to a prosecution under Subsection (A) of this Section that the person retracted the false statement or item but this defense shall not apply if the retraction was made after:

1. The falsity of the statement or item was exposed; or

2. The public servant took substantial action in reliance on the statement or item.

D. The defendant shall have the burden of injecting the issue of retraction under Subsection (C) of this Section.

E. For the purpose of this Section, "written" shall include filings submitted in an electronic or other format or medium approved or prescribed by the Secretary of State.

Section 225.430 Proof Of Falsity Of Statements.

[R.O. 2009 § 225.430; R.O. 2007 § 225.090; Ord. No. 763 § 2(f), 1-17-1980; Ord. No. 3321, 12-13-2016]

A. No person shall be convicted of a violation of perjury, false affidavit or false declaration based upon the making of a false statement except upon proof of the falsity of the statement by:

1. The direct evidence of two (2) witnesses;

2. The direct evidence of one (1) witness together with strongly corroborating circumstances;

3. Demonstrative evidence which conclusively proves the falsity of the statements; or

4. A directly contradictory statement by the defendant under oath together with:

a. The direct evidence of one (1) witness; or

b. Strongly corroborating circumstances;

5. A judicial admission by the defendant that he/she made the statement knowing it was false. An admission, which is not a judicial admission, by the defendant that he or she made the statement knowing it was false may constitute strongly corroborating circumstances.

Section 225.435 Officers Of City — Unlawful Interference In Performance Of Duties.

[R.O. 2009 § 225.435; R.O. 2007 § 225.670; Ord. No. 2011, 9-9-1999; Ord. No. 2189, 2-8-2001; Ord. No. 3321, 12-13-2016]

A. The term "officer of the City," as used in this Section, shall include all persons appointed or elected to office under the government of the City, including, but not limited to, the City Administrator, department and division heads, City Clerk, City License Officer, City Collector, inspectors enforcing specific provisions of this Code or other ordinances and the members of the Police Department.

B. No person shall:

1. Resist or obstruct a City officer making an arrest or serving any legal writ, warrant or process or executing or attempting to execute any other duty imposed upon him/her by law.

2. Resist lawful detention.

3. Enter a crime scene which is established by a physical barrier, verbal directions from a City Officer, or signage.

4. Engage in conduct which a person knows or should know would prevent an officer from completing an investigation or performing any other lawful duty.

5. Refuse to comply with a lawful order of an officer when a person knows or should know such refusal prevents the officer from completing an investigation or performing any other lawful duty.

6. Inciting disobedience to lawful orders of such officer by any other person or persons;

7. Tampering with any apparatus of the City being used by or in the custody of such officer; and

8. Physically holding, forcibly detaining or willfully obstructing any officer engaged in the performance of his/her duties.

Section 225.440 Interfering With Or Injuring Police Dog.

[R.O. 2009 § 225.440; Ord. No. 3321, 12-13-2016]

No person shall willfully taunt, torment, tease, beat, strike, endanger, administer any desensitizing drugs, chemicals or substances to, torture, mutilate, injure, disable, poison or kill any dog used by a Law Enforcement Officer or dog handler working on behalf of a law enforcement agency when such dog is performing functions or duties for such officer or handler or when such dog is placed in a kennel, stable or other on- or off-duty location; nor shall any person obstruct, attempt to control or possess or otherwise interfere or meddle with any such dog used by a Law Enforcement Officer or any such handler thereof while in the performance of functions for the officer or handler, or while the dog is in a kennel, stable or other on- or off-duty location. This shall not apply to law enforcement training activities and exercises involving such dog and the officer or handler, or to kenneling, boarding care or veterinary treatment given to or performed upon such dog authorized by a Law Enforcement Officer or by the owner or handler of the dog. Also, a Law Enforcement Officer who is the handler, owner or master of such a dog, or a veterinarian, may perform euthanasia on the dog in emergency situations when delay would cause the dog undue suffering or pain.

Section 225.445 Refusing To Make An Employee Available For Service Of Process.

[R.O. 2009 § 225.445; R.O. 2007 § 225.170; Ord. No. 763 § 2(n), 1-17-1980; Ord. No. 3321, 12-13-2016]

Any employer or agent who is in charge of a business establishment commits the offense of refusing to make an employee available for service of process if he/she knowingly refuses to assist any officer authorized by law to serve process, who calls at such business establishment during the working hours of an employee for the purpose of serving process on such employee, by failing or refusing to make such employee available for service of process.

Section 225.450 Misconduct In Administration Of Justice.

[R.O. 2009 § 225.450; R.O. 2007 § 225.220; Ord. No. 763 § 2(u), 1-17-1980; Ord. No. 2882 § I, 9-10-2009; Ord. No. 3321, 12-13-2016]

A. A public servant, in his/her public capacity or under color of his/her office or employment, commits the offense of misconduct in administration of justice if he or she:

1. Is charged with the custody of any person accused or convicted of any offense or municipal ordinance violation and he/she coerces, threatens, abuses or strikes such person for the purpose of securing a confession from him/her;

2. Knowingly seizes or levies upon any property or dispossesses any one of any lands or tenements without due and legal process or other lawful authority;

3. Is a judge and knowingly accepts a plea of guilty from any person charged with a violation of a statute or ordinance at any place other than at the place provided by law for holding court by such judge;

4. Is a jailer or keeper of a county jail and knowingly refuses to receive, in the jail under his or her charge, any person lawfully committed to such jail on any criminal charge or criminal conviction by any court of this State, or on any warrant and commitment or capias on any criminal charge issued by any court of this State;

5. Is a Law Enforcement Officer and violates the provisions of Section 544.170, RSMo., by knowingly:

a. Refusing to release any person in custody who is entitled to such release;

b. Refusing to permit a person in custody to see and consult with counsel or other persons; or

c. Transferring any person in custody to the custody or control of another or to another place for the purpose of avoiding the provisions of that Section; or

d. Proferring against any person in custody a false charge for the purpose of avoiding the provisions of that Section.

Section 225.455 Failure To Appear In Court.

[R.O. 2009 § 225.455; R.O. 2007 § 225.660; Ord. No. 1745, 3-12-1998; Ord. No. 3321, 12-13-2016]

A. In addition to the forfeiture of any security which was given or pledged for a person's release, any person who willfully fails to appear before the Bolivar Municipal Court after having received a citation, summons or other instrument directing said person to appear at a date and time certain or who has been ordered by the court to appear at a date and time certain shall be guilty of the ordinance violation of failure to appear in court punishable under Subsection (B) of this Section.

B. A person committing the offense of failure to appear in court shall receive a sentence not to exceed the maximum fine or maximum period of imprisonment which could be imposed for the offense for which the accused was cited, summoned or arrested.

C. Nothing in this Section shall prevent the exercise by the Municipal Court of its power to punish for contempt or issue warrants.

D. No additional charge shall be issued for the failure to appear for a minor traffic violation.

Section 225.460 Signal Or Direction Of Law Enforcement Officer Or Firefighter, Duty To Stop, Motor Vehicle Operators And Riders Of Animals — Violations And Penalty.

A. It shall be the duty of the operator or driver of any vehicle or any other conveyance regardless of means of propulsion, or the rider of any animal traveling on the highways of this City to stop on signal of any Law Enforcement Officer or Firefighter and to obey any other reasonable signal or direction of such Law Enforcement Officer or Firefighter given in directing the movement of traffic on the highways or enforcing any offense or infraction.

B. The offense of willfully failing or refusing to obey such signals or directions or willfully resisting or opposing a Law Enforcement Officer or a Firefighter in the proper discharge of his or her duties is an ordinance violation.

Section 225.470 through Section 225.510. (Reserved)