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City of Clayton, MO
St. Louis County
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Table of Contents
Table of Contents
As used in this Article, the following terms shall have the meanings set forth herein:
DEVIATE SEXUAL INTERCOURSE
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 male or female sex organ 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 CONDUCT
Sexual intercourse, deviate sexual intercourse or sexual contact.
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 sexual desire of any person.
SEXUAL INTERCOURSE
Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
A. 
A person commits the offense of indecent exposure (sexual misconduct) 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 (3rd) 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 (3rd) person.
4. 
Coerces or induces a child less than fifteen (15) years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person including the child, or coerces or induces a female child less than fifteen (15) years of age to expose her breasts in person or through the Internet or other visual transmission for the purpose of arousing or gratifying the sexual desire of any person including the child.
[Ord. No. 6466 § 1, 1-10-2017]
[Ord. No. 6466 § 1, 1-10-2017; Ord. No. 6535, 5-8-2018[1]]
A. 
No person, not on his or her own property, shall look, peer or peep into, or use any device or equipment to look, peer or peep into, or be found loitering around or within view of, any window of a private dwelling house or any portion of real estate enclosed by opaque structures or fences sufficient to give the occupant a reasonable expectation of privacy.
B. 
No person shall knowingly view, photograph, film, videotape, record, produce or use any device or equipment to view, photograph, film, videotape, record, produce or otherwise create an image of another person, without that person's consent, while such other person is in a state of full or partial of nudity as defined in this Code and is in a place where one would have a reasonable expectation that they could disrobe in privacy without being concerned that their undressing was being viewed, photographed or filmed by another.
C. 
No person shall knowingly photograph, film, videotape, record, produce or use any device or equipment to view, photograph, film, videotape, record, produce or otherwise create an image of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.
[1]
Editor's Note: Ord. No. 6535 also changed the title of this Section to include the word "Personal" in front of "Privacy."
A person commits the offense of sexual misconduct in the first degree if such person 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.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
Any person who has been found guilty of:
1. 
Since 2006 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; Subsection (2) of Section 568.080, RSMo., as it existed prior to January 1, 2017, or Section 573.200, RSMo., Use Of A Child In A Sexual Performance; Section 568.090, RSMo., as it existed prior to January 1, 2017, or 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; Section 573.040, RSMo., Furnishing Pornographic Material To Minors; or
2. 
Since 2008 any offense in any other jurisdiction which, if committed in this State, would be a violation listed in this Section;
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) years 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.
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 or she wishes to attend for which he or she has not yet had permission granted.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
Any person who has been found guilty of:
1. 
Since 2004 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; Subsection (2) of Section 568.080, RSMo., as it existed prior to January 1, 2017, or Section 573.200, RSMo., Use Of A Child In A Sexual Performance; Section 568.090, RSMo., as it existed prior to January 1, 2017, or 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. 
Since 2008 any offense in any other jurisdiction which, if committed in this State, would be a violation listed in this Section;
shall not reside within one thousand (1,000) feet of any public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the twelfth (12th) grade, or any child-care facility that is licensed under Chapter 215, RSMo., or any child-care facility as defined in Section 215.201, RSMo., that is exempt from State licensure but subject to State regulation under Section 215.252, RSMo., and holds itself out to be a childcare facility, where the school or facility is in existence at the time the individual begins to reside at the location.
B. 
If such person has already established a residence and a public school, a private school, or child-care facility is subsequently built or placed within one thousand (1,000) feet of such person's residence, then such person shall, within one (1) week of the opening of such public school, private school, or child-care facility, notify the County Sheriff where such public school, private school, or child-care facility is located that he or she is now residing within one thousand (1,000) feet of such public school, private school, or child-care facility and shall provide verifiable proof to the Sheriff that he or she resided there prior to the opening of such public school, private school, or child-care facility.
C. 
For purposes of this Section, "resides" means sleeps in a residence, which may include more than one (1) location and may be mobile or transitory.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
Any person who, since 2009, 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; Subsection (2) of Section 568.080, RSMo., as it existed prior to January 1, 2017, or Section 573.200 RSMo., Use Of A Child In A Sexual Performance; Section 568.090, RSMo., as it existed prior to January 1, 2017, or 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; 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) years 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.
B. 
For purposes of this Section, "child care facility" shall include any child care facility licensed under Chapter 215, RSMo., or any child care facility that is exempt from State licensure but subject to State regulation under Section 215.252, RSMo., and holds itself out to be a child care facility.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
Certain Offenders Not To Be Present Or Loiter Within Five Hundred (500) Feet Of A Public Park Or Swimming Pool.
1. 
Any person who, since 2009, has been found guilty of:
a. 
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; Subsection (2) of Section 568.080, RSMo., as it existed prior to January 1, 2017, or Section 573.200, RSMo., Use of a Child in a Sexual Performance; Section 568.090, RSMo., as it existed prior to January 1, 2017, or 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
b. 
Any offense in any other jurisdiction which, if committed in this State, would be a violation listed in this Section; shall not knowingly be present in or loiter within five hundred (500) feet of any real property comprising any public park with playground equipment or a public swimming pool.
B. 
Enticement Of A Child.
1. 
No person twenty-one (21) years of age or older shall persuade, solicit, coax, entice, or lure, whether by words, actions or through communication via the Internet or any electronic communication, any person who is less than fifteen (15) years of age for the purpose of engaging in sexual conduct.
2. 
It is not a defense to a prosecution for a violation of this Subsection that the other person was a Peace Officer masquerading as a minor.
C. 
Age Misrepresentation. No person shall knowingly misrepresent his or her age with the intent to use the Internet or any electronic communication to solicit engagement in sexual conduct involving a minor.
D. 
Certain Offenders Not To Serve As Athletic Coaches, Managers Or Trainers.
1. 
Any person who, since 2009, has been found guilty of:
a. 
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; Subsection (2) of Section 568.080, RSMo., as it existed prior to January 1, 2017, or Section 573.200, RSMo., Use of a Child in a Sexual Performance; Section 568.090, RSMo., as it existed prior to January 1, 2017, or 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
b. 
Any offense in any other jurisdiction which, if committed in this State, would be a violation listed in this Section; shall not serve as an athletic coach, manager or athletic trainer for any sports team in which a child less than seventeen (17) years of age is a member.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
Any person first required to register as a sexual offender under Sections 589.400 to 589.425, RSMo., since 2008 shall be required on October thirty-first (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.