City of Union, MO Article III Offenses Against Administration of Justice [1]

[1] Cross References — As to administration, ch. 110; as to police, ch. 200; as to municipal court, ch. 135.

Section 215.050 Perjury.

[R.O. 2012 §215.050; CC 1992 §13-71; Ord. No. 1633, 4-11-1983]

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 oaths.

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 defendant mistakenly believed the fact to be immaterial; or

2. The defendant 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 215.060 False Affidavit.

[R.O. 2012 §215.060; CC 1992 §13-72; Ord. No. 1633, 4-11-1983]

A. A person commits the offense of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which the affidavit is made.

B. The provisions of Subsections 215.050(B) and (C) 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 actor retracted the false statement by affidavit or testimony, but this defense shall not apply if the retraction was made after:

1. The 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 215.070 False Reports.

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 a crime or offense; or

2. Makes a false report to a Law Enforcement Officer that a crime or 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 actor 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 215.080 False Bomb Report.

[R.O. 2012 §215.080; CC 1992 §13-74; Ord. No. 1633, 4-11-1983]

A person commits the offense of making a false bomb report if he/she knowingly makes a false report or causes a false report to be made to any person that a bomb or other explosive has been placed in any public or private place or vehicle.

Section 215.090 Tampering With Physical Evidence.

[R.O. 2012 §215.090; CC 1992 §13-75; Ord. No. 1633, 4-11-1983]

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 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 purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

Section 215.100 Tampering With a Public Record.

[R.O. 2012 §215.100; CC 1992 §13-76; Ord. No. 1633, 4-11-1983]

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, he/she:

1. Knowingly makes a false entry in or falsely alters any public record; or

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

Section 215.110 False Impersonation.

[R.O. 2012 §215.110; CC 1992 §13-77; Ord. No. 1633, 4-11-1983]

A. A person commits the offense of false impersonation if he/she:

1. Falsely represents himself/herself to be a public servant with 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; or

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.

Section 215.120 Simulating Legal Process.

[R.O. 2012 §215.120; CC 1992 §13-78; Ord. No. 1633, 4-11-1983]

A. A person commits the offense of simulating legal process if, with purpose to mislead the recipient and cause him/her to take action in reliance thereon, he/she delivers or causes to be delivered:

1. A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this State; or

2. Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.

B. This Section shall not apply to a subpoena properly issued by a notary public.

C. No person shall file a non-consensual common law lien as defined in Section 428.105, RSMo.

Section 215.130 Resisting or Interfering With Arrest, Detention or Stop. [1]

A. A person commits the offense of resisting or interfering with arrest, detention or stop if, knowing that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person:

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 crime, 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 that person continues to operate a motor vehicle after that person 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 that person.

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 215.140 Failure to Comply With Order of Police Officer.

[R.O. 2012 §215.140; CC 1992 §13-80; Ord. No. 1633, 4-11-1983]

A person commits the offense of failing to comply with an order of a Police Officer if he/she shall refuse or fail to comply with any lawful order, reasonable request or direction of a Police Officer of the City.

Section 215.150 Interference With Legal Process.

[R.O. 2012 §215.150; CC 1992 §13-81; Ord. No. 1633, 4-11-1983]

A. A person commits the offense of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he/she interferes with or obstructs such person.

B. For purposes of this Section, the term "process" includes any writ, summons, subpoena, warrant other than an arrest warrant or other process or order of a court.

Section 215.160 Refusal to Identify as a Witness.

[R.O. 2012 §215.160; CC 1992 §13-82; Ord. No. 1633, 4-11-1983]

A person commits the offense of refusal to identify as a witness if, knowing he/she has witnessed any portion of an offense, or of any other incident resulting in physical injury or substantial property damage, upon demand by a Law Enforcement Officer engaged in the performance of his/her official duties, he/she refuses to report or gives a false report of his/her name and present address to such officer.

Section 215.170 Escape From Custody.

[R.O. 2012 §215.170]

A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any crime or offense, he/she escapes or attempts to escape from custody.

Section 215.180 Escape From Confinement.

[R.O. 2012 §215.180]

A person commits the offense of escape or attempted escape from confinement if, while being held in confinement after arrest for any crime or offense, while serving a sentence after conviction for any crime or offense, or while at an institutional treatment center operated by the Department of Corrections as a condition of probation or parole, he/she escapes or attempts to escape from confinement.

Section 215.190 Failure to Return to Confinement.

[R.O. 2012 §215.190; CC 1992 §13-85; Ord. No. 1633, 4-11-1983]

A. A person commits the offense of failure to return to confinement if, while serving a sentence for any offense under a work release program, or while under sentence of any offense to serve a term of confinement which is not continuous, or while serving any other type of sentence for any offense wherein he/she is temporarily permitted to go at large without guard, he/she purposely fails to return to confinement when he/she is required to do so.

B. This Section does not apply to persons who are free on bond, bail or recognizance, personal or otherwise, or to persons who are on probation or parole, temporary or otherwise.

Section 215.200 Aiding Escape of Prisoner.

[R.O. 2012 §215.200; CC 1992 §13-86; Ord. No. 1633, 4-11-1983]

A. A person commits the offense of aiding escape of a prisoner if he:

1. Introduces into any place of confinement any deadly weapon or dangerous instrument or other thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any prisoner confined therein, or of facilitating the commission of any other offense; or

2. Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner's escape from custody or confinement.

Section 215.210 Disturbing Judicial Proceeding.

[R.O. 2012 §215.210; CC 1992 §13-87; Ord. No. 1633, 4-11-1983]

A person commits the offense of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party or witness and thereby to influence a judicial proceeding, he/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 215.220 Obstructing Government Operations.

[R.O. 2012 §215.220; CC 1992 §13-90; Ord. No. 1633, 4-11-1983]

A person commits the offense of obstructing government operations if he/she purposely obstructs, impairs, hinders or perverts the performance of a governmental function by the use or threat of violence, force or other physical interference or obstacle.