City of Brentwood, MO ARTICLE IX Sexual Offenses

Section 215.1300 Article Definitions.

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 penis, female genitalia, 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, or causing semen, seminal fluid, or other ejaculate to come into contact with another person, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.

SEXUAL INTERCOURSE

Any penetration, however slight, of the female genitalia by the penis.

Section 215.1310 Sexual Misconduct.

A. A person commits the offense of sexual misconduct in the first degree 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 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 person.

Section 215.1320 Sexual Abuse. [1]

A person commits the offense of sexual abuse in the second degree if he/she 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.

Section 215.1330 Residency, Loitering, Activity and Location Limitations for Sex Offenders and Certain Facilities.

[Ord. No. 4714 §1, 5-16-2016[1]]

A. Any person who:

1. Has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of:

a. Chapter 566, RSMo.; or

b. The provisions of Subsection (2) of Section 568.020, RSMo., incest; or

c. Section 568.045, RSMo., endangering the welfare of a child in the first degree; or

d. Subsection (2) of Section 568.080, RSMo., use of a child in a sexual performance; or

e. Section 568.090, RSMo., promoting a sexual performance by a child; or

f. Section 573.023, RSMo., sexual exploitation of a minor; or

g. Section 573.025, RSMo., promoting child pornography in the first degree; or

h. Section 573.035, RSMo., promoting child pornography in the second degree; or

i. Section 573.037, RSMo., possession of child pornography; or

j. Section 573.040, RSMo., furnishing pornographic material to minors; or

k. Any offense in any other State or foreign country, or under Federal, tribal, or military jurisdiction which, if committed in this State, would be a violation listed in this Subsection; and

2. Any person required to register with the Chief Law Enforcement Official of the County in which such person resides pursuant to the provisions of Sections 589.400, et seq., RSMo.;

shall not reside within one thousand (1,000) feet of (i) any public school as defined in Section 160.011, RSMo.; or (ii) any private school giving instruction in a grade or grades not higher than the 12th grade; or (iii) any public library; or (iv) any public park; or (v) any pool open to the general public; or (vi) any child-care facility that is licensed under Chapter 210, RSMo.; or (vii) any child-care facility as defined in Section 210.201, RSMo., that is exempt from State licensure but subject to State regulation under Section 210.252, RSMo., and holds itself out to be a child-care facility, which 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, a child-care facility, a public library, a public park or a pool open to the general public is subsequently built or placed within the requisite distance of such person's residence, then such person shall, within one (1) week of the opening of such public school, private school, public library, public park, pool or child-care facility, notify the Chief of Police that he or she is now residing within the proscribed distance of the relevant facility and shall provide verifiable proof to the Chief that he or she resided there prior to the opening of such facility.

C. For purposes of this Section:

1. "Resides" means sleeps in a residence, which may include more than one (1) location and may be mobile or transitory; and

2. The requisite distance between the relevant facility and the residence in question shall be measured by the straight line distance between the nearest point on the property boundary line of the property upon which the relevant facility is located and the nearest point on the boundary line of the property upon which the residence is located.

D. Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of 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; Section 573.200, RSMo., use of a child in a sexual performance; Section 573.205, RSMo., promoting a sexual performance by a child; Section 573.023, RSMo., sexual exploitation of a minor; Section 573.037, RSMo., possession of child pornography; Section 573.025, RSMo., promoting child pornography; or Section 573.040, RSMo., furnishing pornographic material to minors; or any offense in any other state or foreign country, or under Federal, tribal, or military jurisdiction which, if committed in this State, would be a violation listed in this Subsection 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) 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 (E) of this Section.

E. 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 (D) 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.

F. Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of Chapter 566, RSMo., or the provisions of Subsection 2 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., use of a child in a sexual performance; Section 568.090, 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 any offense in any other state or foreign country, or under Federal, tribal, or military jurisdiction which, if committed in this State, would be a violation listed in this Subsection shall not knowingly be physically present in or loiter within five hundred (500) feet of or approach, contact, or communicate with any child under eighteen (18) years of age in any child-care facility as defined in Section 210.201, RSMo., on the real property comprising any child-care facility when persons under the age of eighteen 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.

G. Any person who has pleaded guilty to, or been convicted of, or been found guilty of violating any of the provisions of Chapter 566, RSMo., or the provisions of Subsection 2 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., use of a child in a sexual performance; Section 568.090, 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 any offense in any other state or foreign country, or under Federal, tribal, or military jurisdiction which, if committed in this State, would be a violation listed in this Subsection 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.

H. No enterprise, business, agency, service or other activity of any kind which is intended, designed or operated so as to serve or attract persons convicted of violent crimes or persons described in Subsection (A), (D), (F), or (G) of this Section, or otherwise cause such persons to congregate at or be present in, at or around the same ("proposed activity"), shall be located 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 12th grade, or public library, or public park, or pool open to the general public, or any child-care facility as defined in Section 210.201, RSMo., that is exempt from State licensure but subject to State regulation under Section 210.252, RSMo., and holds itself out to be a child-care facility (collectively, "relevant facility"), which is in existence at the time the proposed activity begins or is proposed to begin, as measured by the straight line distance between the nearest point on the property boundary line of the property upon which the proposed activity is located and the nearest point on the boundary line of the property upon which the relevant facility is located.

I. No residency, activity or presence limitation established by Subsection (A), (D), (F) or (G) shall apply to any person who pleaded guilty to, or been convicted of, or been found guilty of the offense giving rise to the limitation prior to the effective date of the enactment of a similar State limitation or to any person as to whom the application of the limitation would render the Subsection an ex post facto or impermissibly retroactive law. The burden of raising the issue and the burden of proof relating to same shall be on the person subject to the limitation at issue. Any person asserting an exemption from any provision of this Section by reason of this Subsection or ex post facto or impermissible retroactive application shall notify the Chief of Police of his or her claim to exemption within thirty (30) days of first learning of the applicability of the limitation to such person.

J. Any person who violates the provisions of this Section is guilty of an ordinance violation.

[1] Editor's Note: Section 1 of this ordinance repealed former Section 215.1330, Certain Offenders Not to Physically Be Present or Loiter Within Five Hundred Feet of a Child Care Facility — Violation — Penalty.

Section 215.1335 Certain Offenders Not To Be Present Or Loiter Within 500 Feet Of A Public Park, Swimming Pool, Athletic Complex, Museum, Or Nature Center — Violation, Penalty — Exception For Nature Or Education Center, When.

A. Any person who has been found guilty of the following shall not knowingly be present in or loiter within five hundred (500) feet of any real property comprising any public park with playground equipment, a public swimming pool, athletic complex or athletic fields if such facilities exist for the primary use of recreation for children, any museum if such museum holds itself out to the public as and exists with the primary purpose of entertaining or educating children under eighteen (18) years of age, or Missouri Department of Conservation nature or education center properties.

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; Section 573.200, RSMo., Use Of A Child In A Sexual Performance; 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 573.037, 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.

B. Any person who has been found guilty of an offense under Subsection (A)(1) or (2) of this Section who is the parent, legal guardian, or custodian of a child under the age of eighteen (18) attending a program on the property of a nature or education center of the Missouri Department of Conservation may receive permission from the nature or education center manager to be present on the property with the child during the program.

Section 215.1340 (Reserved) [1]

[1] Editor’s Note: Former Section 215.1340, Certain Offenders Not to Be Present Within Five Hundred Feet of School Property, Exception — Permission Required for Parents or Guardians Who Are Offenders, Procedure, was repealed 5-16-2016 by Ord. No. 4714 §1.

Section 215.1350 Halloween, Restrictions on Conduct — Violations.

A. Any person required to register as a sexual offender under Sections 589.400 to 589.425, RSMo., shall be required on October 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.

B. Any person required to register as a sexual offender under Sections 589.400 to 589.425, RSMo., who violates the provisions of Subsection (A) of this Section shall be guilty of an ordinance violation.

Section 215.1360 Urinating in Public.

It shall be unlawful for any person within the City to urinate in or upon any street, park, any public place open to the public or private place open to public view other than in the restroom facilities provided for such activity.

Section 215.1370 through Section 215.1410. (Reserved)