[Ord. No. 6466 § 1, 1-10-2017]
A. A person commits the offense of assault of a Law Enforcement Officer,
Corrections Officer, Emergency Personnel, highway worker in a construction
zone or work zone, utility worker, cable worker, or Probation and
Parole Officer if:
1.
Such person recklessly causes physical injury to a Law Enforcement
Officer, Corrections Officer, Emergency Personnel, highway worker
in a construction zone or work zone, utility worker, cable worker,
or Probation and Parole Officer;
2.
Such person purposely places a Law Enforcement Officer, Corrections
Officer, Emergency Personnel, highway worker in a construction zone
or work zone, utility worker, cable worker, or Probation and Parole
Officer in apprehension of immediate physical injury; or
3.
Such person knowingly causes or attempts to cause physical contact
with a Law Enforcement Officer, Corrections Officer, Emergency Personnel,
highway worker in a construction zone or work zone, utility worker,
cable worker, or Probation and Parole Officer without the consent
of the Law Enforcement Officer, Corrections Officer, Emergency Personnel,
highway worker in a construction zone or work zone, utility worker,
cable worker, or Probation and Parole Officer.
B. As used in this Section, "emergency personnel" means any paid or
volunteer firefighter, emergency room or trauma center personnel,
or emergency medical technician as defined in Subdivisions (15), (16),
(17) and (18) of Section 190.100, RSMo.
C. As used in this Section, the term "Corrections Officer" includes
any jailor or Corrections Officer of the State or any political subdivision
of the State.
D. As used in this Section, the term "highway worker," "construction
zone" or "work zone" shall have the same meaning as such terms are
defined in Section 304.580, RSMo.
E. As used in this Section, the term "utility worker" means any employee
while in the performance of their job duties, including any person
employed under contract, of a utility that provides gas, heat, electricity,
water, steam, telecommunications services, or sewer services, whether
privately, municipally, or cooperatively owned.
F. As used in this Section, the term "cable worker" means any employee
including any person employed under contract, of a cable operator,
as such term is defined in Section 67.2677, RSMo.
G. A person commits the offense of assault on a police animal if he
or she knowingly kills or disables, knowingly attempts to kill or
disable, or knowingly causes or attempts to cause serious physical
injury, to a police animal when that animal is involved in law enforcement
investigation, apprehension, tracking, or search, or the animal is
in the custody or under the control of a Law Enforcement Officer or
fire or rescue personnel.
[Ord. No. 6466 § 1, 1-10-2017]
A. It shall be unlawful for any person to knowingly send or deliver
or cause or intentionally allow to be sent or delivered any letter,
e-mail, text message or other Internet or electronic communication
or other writing, printing, circular or card or device, with or without
a name subscribed thereto or signed with a fictitious name or any
mark, threatening to accuse any other person of a crime or offense
for any purpose other than to cause the other person to cease ongoing
illegal activity or threatening to kill, maim or wound any other person
or threatening to commit a crime or offense or do any injury to the
person, property, credit or reputation of another, whether or not
any money or property is demanded or extorted thereby.
B. A person commits the offense of unlawful posting of certain information
over the Internet if he or she knowingly posts the name, home address,
Social Security number, or telephone number of any person on the Internet
intending to cause substantial bodily harm or death, or threatening
to cause substantial bodily harm or death to such person.
C. For purposes of this Section, an offense committed by means of writing,
telephonic communication or electronic communication shall be deemed
to have occurred at the place from which the communication was made
or sent and at the place where the communication was first heard or
read by the recipient.
A person commits the offense of false imprisonment if he/she
knowingly restrains another unlawfully and without consent so as to
interfere substantially with his/her liberty.
[CC 1970 §17-41; Ord. No. 5778 §1, 9-9-2003; Ord.
No. 6535, 5-8-2018]
A. The following words, terms and phrases, when used in this Section,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
FULL OR PARTIAL NUDITY
The showing of all or any part of the human genitals or pubic
area or buttock; or any part of the nipple of the breast of any female
person, with less than a fully opaque covering.
PHOTOGRAPHS OR FILMS
The making of any photographs, motion picture film, videotape,
digital image or any other recording or transmission of the image
of a person.
VIEWS
The looking upon of another person, with the unaided eye
or with any device designed or intended to improve visual acuity,
for the purpose of arousing or gratifying the sexual desire of any
person.
B. It shall be unlawful and a person shall commit the offense of invasion
of privacy if such person:
1.
Knowingly photographs or films another person, without the person's
knowledge and consent, while the person being photographed or filmed
is in a state of full or partial nudity and is in a place where one
would have a reasonable expectation of privacy and the person subsequently
distributes the photograph, digital image or film to another or transmits
the image contained in the photograph, digital image or film in a
manner that allows access to that image via a computer; or
2.
Knowingly disseminates or permits the dissemination by any means,
to another person, of a videotape, photograph, digital image or film
obtained in violation of paragraphs (1), (2) or (4) of this Subsection;
or
3.
Knowingly views, photographs or films another person, without
that person's knowledge and consent, while the person being viewed,
photographed or filmed is in a state of full or partial nudity and
is in a place where one would have a reasonable expectation of privacy;
or
4.
Knowingly uses a concealed camcorder or photographic or digital
camera of any type to secretly videotape, photograph or record by
electronic means 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.
C. The provisions of Subsection
(B) of this Section shall not apply to:
1.
Viewing, photographing or filming by Law Enforcement Officers
during a lawful criminal investigation; or
2.
Viewing, photographing or filming by Law Enforcement Officers
or by personnel of the Department of Corrections or of a local jail
or correctional facility for security purposes or during investigation
of alleged misconduct by a person in the custody of the Department
of Corrections or the local jail or correctional facility.
[Ord. No. 5840 §1(17-83), 9-14-2004]
A. A person
commits the offense of identity theft if he/she knowingly and with
the intent to deceive or defraud obtains, possesses, transfers, uses
or attempts to obtain, possess, transfer or use one (1) or more means
of identification not lawfully issued for his/her use. Any person
accused of identity theft may be prosecuted in the Municipal Court
provided:
1. The offense was committed wholly or partly within the City;
2. The victim resides in the City; or
3. The property obtained or attempted to be obtained was located in
the City.
B. The
term "means of identification" as used in this Code
includes, but is not limited to, the following:
2. Driver's license numbers;
3. Checking account numbers;
7. Personal identification (PIN) code;
8. Electronic identification numbers;
10. Any other numbers or information that can be used to access a person's
financial resources;
14. Parent's legal surname prior to marriage;
C. Any
person convicted of committing an offense established by this Section
shall be subject to punishment as follows:
1. If the offense does not result in the theft or appropriation of credit,
money, goods, services or other property, the person shall be punished
by a fine not to exceed five hundred dollars ($500.00), by imprisonment
not to exceed ninety (90) days or both.
2. If the offense results in the theft or appropriation of credit, money,
goods, services or other property, the person shall be punished by
a fine not to exceed one thousand dollars ($1,000.00), by imprisonment
not to exceed ninety (90) days or both.
D. In addition to the punishment under Subsection
(C) of this Section, the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim:
1. In clearing the credit history or credit rating of the victim; and
2. In connection with any civil or administrative proceeding to satisfy
any debt, lien or other obligation of the victim arising from the
actions of the defendant.
E. This
Section shall not apply to the following activities:
1. A person obtains the identity of another person to misrepresent his/her
age for the sole purpose of obtaining alcoholic beverages, tobacco,
going to a gaming establishment or another privilege denied to minors;
2. A person obtains means of identification or information in the course
of a bona fide consumer or commercial transaction;
3. A person exercises, in good faith, a security interest or right of
offset by a creditor or financial institution;
4. A person complies, in good faith, with any warrant, court order,
levy, garnishment, attachment or other judicial or administrative
order, decree or directive, when any party is required to do so;
5. A person otherwise authorized by law to engage in the conduct that
is the subject of the prosecution.
F. Nothing
herein contained shall be construed as preventing or limiting the
right of an identity theft victim to recover civil damages and attorneys'
fees as allowed by Section 570.223, RSMo.
[Ord. No. 5840 §1(17-84), 9-14-2004]
A. A person
commits the offense of trafficking in stolen identities when such
person manufactures, sells, transfers, purchases or possesses with
intent to sell or transfer means of identification or identifying
information for the purpose of committing identity theft.
B. Unauthorized
possession of means of identification of five (5) or more separate
persons shall be evidence that the identities are possessed with intent
to manufacture, sell or transfer means of identification or identifying
information for the purpose of committing identity theft. In determining
possession of five (5) or more identification documents of the same
person or possession of identifying information of five (5) or more
separate persons for the purposes of evidence pursuant to this Subsection,
the following do not apply:
1. The possession of his/her own identification documents;
2. The possession of the identification documents of a person who has
consented to the person at issue possessing his/her identification
documents.
C. Any
person convicted of committing an offense established by this Section
shall be subject to a fine not to exceed one thousand dollars ($1,000.00),
by imprisonment not to exceed ninety (90) days or both.
D. This
Section shall not apply to the following activities:
1. A person obtains the identity of another person to misrepresent his/her
age for the sole purpose of obtaining alcoholic beverages, tobacco,
going to a gaming establishment or another privilege denied to minors;
2. A person obtains means of identification or information in the course
of a bona fide consumer or commercial transaction;
3. A person exercises, in good faith, a security interest or right of
offset by a creditor or financial institution;
4. A person complies, in good faith, with any warrant, court order,
levy, garnishment, attachment or other judicial or administrative
order, decree or directive, when any party is required to do so.