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.
As used in this Sections 210.127 and 210.130, unless the context clearly indicates otherwise, the following terms shall have the meanings indicated:
Includes but is not limited to the occurrence of any of the
following acts, attempts or threats against a person who may be protected
pursuant to this Chapter, except "abuse" shall not include abuse inflicted
on a child by accidental means by an adult household member or discipline
of a child, including spanking, in a reasonable manner:
ASSAULTPurposely or knowingly placing or attempting to place another in fear of physical harm.
BATTERYPurposely or knowingly causing physical harm to another with or without a deadly weapon.
COERCIONCompelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage.
HARASSMENTEngaging in a purposeful or knowing course of conduct involving more than one (1) incident that alarms or causes distress to an adult or child and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult or child to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner or child. Such conduct might include, but is not limited to:
SEXUAL ASSAULTCausing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent,
UNLAWFUL IMPRISONMENTHolding, confining, detaining or abducting another person against that person's will.
Any person seventeen (17) years of age or older or otherwise
emancipated.
Any person under seventeen (17) years of age unless otherwise
emancipated.
The Circuit or Associate Circuit Judge or a Family Court
Commissioner.
Abuse or stalking committed by a family or household member,
as such terms are defined in this Section.
An order of protection issued by the Court before the respondent
has received notice of the petition or an opportunity to be heard
on it.
Spouses, former spouses, any person related by blood or marriage,
persons who are presently residing together or have resided together
in the past, any person who is or has been in a continuing social
relationship of a romantic or intimate nature with the victim, and
anyone who has a child in common regardless of whether they have been
married or have resided together at any time.
An order of protection issued after a hearing on the record
where the respondent has received notice of the proceedings and has
had an opportunity to be heard.
Either an ex parte order of protection or a full order of
protection.
Exists or for which a hearing date has been set.
A family or household member who has been a victim of domestic
violence, or any person who has been the victim of stalking or sexual
assault, or a person filing on behalf of a child pursuant to Section
455.503, RSMo., who has filed a verified petition pursuant to the
provisions of Section 455.020 or 455.505, RSMo.
The family or household member alleged to have committed
an act of domestic violence, or person alleged to have committed an
act of stalking or sexual assault, against whom a verified petition
has been filed or a person served on behalf of a child pursuant to
Section 455.503, RSMo.
As defined under the definition of "abuse" in this Section.
Is when any person purposely engages in an unwanted course
of conduct that causes alarm to another person, or a person who resides
together in the same household with the person seeking the order of
protection when it is reasonable in that person's situation to have
been alarmed by the conduct. As used in this definition:
ALARMMeans to cause fear of danger of physical harm; and
COURSE OF CONDUCTMeans a pattern of conduct composed of two (2) or more acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or unwanted contact.
A.
When
a Law Enforcement Officer has probable cause to believe a party has
committed a violation of law amounting to domestic violence, as defined
in Section 455.010, RSMo., against a family or household member, the
officer may arrest the offending party 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. The refusal of the victim to sign an official complaint
against the violator shall not prevent an arrest under this Subsection.
B.
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. Refusal of the victim to sign an official complaint against
the violator shall not prevent an arrest under this Subsection.
C.
When
an Officer makes an arrest, the officer 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 the Officer believes is the primary physical
aggressor. The term "primary physical aggressor" is defined as the
most significant, rather than the first, aggressor.
1.
The Law Enforcement Officer shall consider any or all of the following
in determining the primary physical aggressor:
2.
No Law Enforcement Officer investigating an incident of domestic
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 the Officer should seek a warrant for an arrest.
D.
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.
E.
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.
F.
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.
G.
A violation
of the terms and conditions, with regard to domestic violence, stalking,
sexual assault, child custody, communication initiated by the respondent
or entrance upon the premises of the petitioner's dwelling unit or
place of employment or school, or being within a certain distance
of the petitioner or a child of the petitioner, of an ex parte order
of protection of which the respondent has notice, shall be a Class
A misdemeanor unless the respondent has previously pleaded guilty
to or has been found guilty in any Division of the Circuit Court of
violating an ex parte order of protection or a full order of protection
within five (5) years of the date of the subsequent violation, in
which case the subsequent violation shall be a Class E felony. Evidence
of prior pleas of guilty or findings of guilt shall be heard by the
Court out of the presence of the jury prior to submission of the case
to the jury. If the Court finds the existence of such prior pleas
of guilty or finding of guilt beyond a reasonable doubt, the Court
shall decide the extent or duration of sentence or other disposition
and shall not instruct the jury as to the range of punishment or allow
the jury to assess and declare the punishment as a part of its verdict.
H.
A violation
of the terms and conditions, with regard to domestic violence, stalking,
sexual assault, child custody, communication initiated by the respondent
or entrance upon the premises of the petitioner's dwelling unit or
place of employment or school, or being within a certain distance
of the petitioner or a child of the petitioner, of a full order of
protection shall be a Class A misdemeanor, unless the respondent has
previously pleaded guilty to or has been found guilty in any Division
of the Circuit Court of violating an ex parte order of protection
or a full order of protection within five (5) years of the date of
the subsequent violation, in which case the subsequent violation shall
be a Class E felony. Evidence of prior pleas of guilty or findings
of guilt shall be heard by the Court out of the presence of the jury
prior to submission of the case to the jury. If the Court finds the
existence of such prior plea of guilty or finding of guilt beyond
a reasonable doubt, the Court shall decide the extent or duration
of the sentence or other disposition and shall not instruct the jury
as to the range of punishment or allow the jury to assess and declare
the punishment as a part of its verdict. 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 domestic violence, stalking, sexual assault, or violation
of an order of protection presented a copy of the order of protection
to the respondent.
I.
Good
faith attempts to effect a reconciliation of a marriage shall not
be deemed tampering with a witness or victim tampering under Section
575.270, RSMo.
J.
Nothing
in this Section shall be interpreted as creating a private cause of
action for damages to enforce the provisions set forth herein.
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 210.120, Assault, as it relates to a "special victim."
A person commits the offense of harassment if he/she, without
good cause, engages in any act with the purpose to cause emotional
distress to another person.
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.
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.
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.
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.
[Ord. No. 8658, 12-14-2020]
A.
Definition. A "laser pointer" shall be defined as any device which
emits light amplified by the stimulated emission of radiation that
is visible to the human eye and designed to be used as a pointer or
highlighter, to indicate, mark or identify a specific position or
place, including, but not limited to, Class 2 lasers, Class 3a and
3b lasers, and Class 4 lasers. For purposes of this section, any laser
presently being used for medical, educational or other legitimate
commercial use is not a laser pointer.
B.
Possession By Minors Prohibited. It shall be unlawful for any person
under the age of eighteen (18) to possess a laser pointer except in
the residence of that person, or except when outside the person's
residence the minor is under the direct supervision of adult school
personnel, parent, guardian or employer. Outside the home of the minor,
the adult providing direct supervision shall be physically present
in the location where the minor is present. Except as allowed herein,
all laser pointers in the possession of a minor are deemed to be contraband
and are subject to seizure by any duly authorized Law Enforcement
Officer and shall be subject to forfeiture. No Law Enforcement Officer
seizing such contraband shall be required to have a warrant or other
legal process prior to effecting the seizure.
C.
Illumination Of Persons Prohibited. It shall be unlawful for any
person to use a laser pointer in such a manner that the laser beam
illuminates on another person or animal in the area of the head or
body in such a manner as to harass or create a reasonable fear by
that person that their sight or safety may be endangered.
D.
Illumination Of Vehicle Operators Prohibited. It shall be unlawful
for any person to use a laser pointer in such a manner that the laser
beam illuminates the driver or passenger of a motor vehicle.
E.
Illumination Of Law Enforcement Officers Prohibited. It shall be
unlawful for any person to use a laser pointer in such a manner that
the laser beam illuminates a uniformed Law Enforcement Officer or
duly identified non-uniformed Law Enforcement Officer.
F.
Illumination Of Inanimate Objects Prohibited. It shall be unlawful
to use a laser pointer in such a manner that the laser beam illuminates
any inanimate object with the intent or result that a person will
be annoyed or harassed by said illumination.