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. (RSMo. §565.091, 2014 effective 1-1-2017)
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. (RSMo. §565.130, 2014
effective 1-1-2017)
[Ord. No. 2017-2922 § 1, 1-24-2017]
A. It shall be unlawful for a party against whom an order of protection
has been entered pursuant to Chapter 455, RSMo., to violate the terms
and conditions of that order, with regard to domestic violence, stalking,
sexual assault, child custody, communication initiated by the party
against whom an order of protection has been entered, or entrance
upon the premises of the party who sought the order of protection's
dwelling unit or place of employment or school, or being within a
certain distance of the party who sought the order of protection or
child of the party who sought the order of protection.
B. An ex parte order of protection or a full order of protection entered pursuant to Chapter 455, RSMo., has been violated under this Section when the party against whom an order of protection has been entered violates the terms and conditions of the order by committing any of the acts listed in Section
210.200(A) and the party has notice of the order.
C. For the purposes of determining notice of a full order of protection
under this Section, in addition to the notice provided by actual service
of the full order of protection, a party is deemed to have notice
of a full 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 a full order of protection presents a copy
of the order to the party against whom the order has been entered.
D. The fact that an act by the party against whom an order of protection
has been entered is a violation of a valid order of protection shall
not preclude prosecution of that party for other crimes arising out
of the incident in which the order of protection is alleged to have
been violated.
E. Any Law Enforcement Officer who has probable cause to believe a violation
of this Section has occurred shall have the authority to arrest the
party against whom an order of protection has been entered whether
or not the violation occurred in the presence of the arresting Law
Enforcement Officer.
[Ord. No. 2021-3016, 2-9-2021]
A. Definitions.
As used in this Section, the following terms shall mean:
ABUSE
The infliction of physical, sexual, or mental injury against
a child by any person eighteen (18) years of age or older. For purposes
of this Section, abuse shall not include injury inflicted on a child
by accidental means by a person with care, custody, or control of
the child, or discipline of a child by a person with care, custody,
or control of the child, including spanking, in a reasonable manner.
ABUSIVE HEAD TRAUMA
A serious physical injury to the head or brain caused by
any means, including but not limited to shaking, jerking, pushing,
pulling, slamming, hitting, or kicking.
MENTAL INJURY
An injury to the intellectual or psychological capacity or
the emotional condition of a child as evidenced by an observable and
substantial impairment of the ability of the child to function within
their normal range of performance or behavior.
NEGLECT
The failure to provide, by those responsible for the care,
custody, and control of a child under the age of eighteen (18) years,
the care reasonable and necessary to maintain the physical and mental
health of the child, when such failure presents a substantial probability
that death or physical injury or sexual injury would result.
PHYSICAL INJURY
Physical pain, illness, or any impairment of physical condition,
including but not limited to bruising, lacerations, hematomas, welts,
or permanent or temporary disfigurement and impairment of any bodily
function or organ.
B. A person
commits the offense of abuse or neglect of a child if such person
knowingly causes a child who is less than eighteen (18) years of age:
1. To suffer physical or mental injury as a result of abuse or neglect;
or
2. To be placed in a situation in which the child may suffer physical
or mental injury as the result of abuse or neglect.
C. A person
commits the offense of abuse or neglect of a child if such person
recklessly causes a child who is less than eighteen (18) years of
age to suffer from abusive head trauma.
D. A person
does not commit the offense of abuse or neglect of a child by virtue
of the sole fact that the person delivers or allows the delivery of
a child to a provider of emergency services.
E. Nothing
in this Section shall be construed to alter the requirement that every
element of any offense referred to herein must be proven beyond a
reasonable doubt.
F. Discipline,
including spanking administered in a reasonable manner, shall not
be construed to be abuse under this Section.
G. The
violation of any provision of this Section shall be punished by a
fine of not exceeding five hundred dollars ($500.00), or by imprisonment
not exceeding ninety (90) days, or by both such fine and imprisonment.
Each day any violation of this Section shall continue shall constitute
a separate offense.