[R.O. 2012 §215.020; CC 1992 §13-5; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of assault if:
1. He/she attempts to cause or recklessly causes physical injury to
another person;
2. With criminal negligence he/she causes physical injury to another
person by means of a deadly weapon;
3. He/she purposely places another person in apprehension of immediate
physical injury;
4. He/she recklessly engages in conduct which creates a grave risk of
death or serious physical injury to another person;
5. He/she knowingly causes physical contact with another person knowing
the other person will regard the contact as offensive or provocative;
or
6. The person knowingly causes physical contact with an incapacitated
person, as defined in Section 475.010, RSMo., which a reasonable person,
who is not incapacitated, would consider offensive or provocative.
[R.O. 2012 §215.030; CC 1992 §13-6; Ord. No. 1633, 4-11-1983]
A. When
conduct is charged to constitute an offense because it causes or threatens
physical injury, consent to that conduct or to the infliction of the
injury is a defense only if:
1. The physical injury consented to or threatened by the conduct is
not serious physical injury;
2. The conduct and the harm are reasonably foreseeable hazards of:
a. The victim's occupation or profession; or
b. Joint participation in a lawful athletic contest; or
3. The consent establishes a justification for the conduct under Ch.
563, RSMo.
B. The
defendant shall have the burden of injecting the issue of consent.
[R.O. 2012 §215.045; Ord. No. 3479 §4, 8-10-2009]
A. A person shall be deemed to commit the offense of "endangerment of a highway worker" upon conviction for any of the following when the offense occurs within a construction zone or work zone as defined in Section
340.230(F) of the City of Union Code of Ordinances:
1. Exceeding the posted speed limit by fifteen (15) miles per hour or
more;
2. Passing in violation of Subsection
(D) of Section
340.230 of the City of Union Code of Ordinances;
3. Failure to stop for a work zone flagman or failure to obey traffic
control devices erected in the construction zone or work zone for
purposes of controlling the flow of motor vehicles through the zone;
4. Driving through or around a work zone by any lane not clearly designated
to motorists for the flow of traffic through or around the work zone;
5. Physically assaulting, or attempting to assault, or threatening to
assault a highway worker in a construction zone or work zone with
a motor vehicle or other instrument;
6. Intentionally striking, moving or altering barrels, barriers, signs
or other devices erected to control the flow of traffic to protect
workers and motorists in the work zone for a reason other than avoidance
of an obstacle, an emergency, or to protect the health and safety
of an occupant of the motor vehicle or of another person; or
7. Committing any of the following offenses for which points may be
assessed under Section 302.302, RSMo.;
a. Leaving the scene of an accident in violation of Section
310.060, of the City of Union Code of Ordinances;
b. Careless and imprudent driving in violation of Section
320.040 of the City of Union Code of Ordinances;
c. Operating without a valid license in violation of Section
390.020 of the City of Union Code of Ordinances;
d. Operating with a suspended or revoked license;
e. Driving while in an intoxicated condition or under the influence
of controlled substances or drugs or driving with an excessive blood
alcohol content;
f. Any felony involving the use of a motor vehicle.
B. Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under Subsection
(A) of this Section, if no injury or death to a highway worker resulted from the offense, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than five hundred dollars ($500.00).
C. A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense under Subsection
(A) of this Section when such offense occurs in a construction zone or work zone as defined in Section
340.230(F) of the City of Union Code of Ordinances and results in the injury or death of a highway worker. Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, in addition to any other penalty authorized by law, the person shall be subject to a jail term of not less than five (5) days and not more than ninety (90) days and a fine of not more than five hundred dollars ($500.00).
D. Except for the offense established under Subdivision (6) of Subsection
(A) of this Section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one (1) or more highway workers were in the construction zone or work zone.
E. No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker for any act or omission otherwise constituting an offense under Subsection
(A) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of another person or a highway worker.