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City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2008 § 215.430]
As used in this Article, the following terms mean:
PATRONIZING PROSTITUTION
A person patronizes prostitution if:
1. 
Pursuant to a prior understanding, he/she gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him/her or with another;
2. 
He/she gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with him/her or with another; or
3. 
He/she solicits or requests another person to engage in sexual conduct with him/her or with another, or to secure a third person to engage in sexual conduct with him/her or with another, in return for something of value.
PROSTITUTION
A person commits prostitution if he/she engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person.
SEXUAL CONDUCT
Occurs when there is:
1. 
Sexual Intercourse. Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
2. 
Deviate Sexual Intercourse. Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person.
3. 
Sexual Contact. Any touching, manual or otherwise, of the anus or genitals of one (1) person by another done for the purpose of arousing or gratifying sexual desire of either party.
SOMETHING OF VALUE
Money or property or any token, object or article exchangeable for money or property.
A. 
A person commits the offense of prostitution if he or she engages in or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by any person.
B. 
In addition to the affirmative defense provided in Subsection 2 of Section 566.223, RSMo., it shall be an affirmative defense to prosecution pursuant to this Section that the defendant was under the age of eighteen (18) and was acting under the coercion, as defined in Section 566.200, RSMo., of an agent at the time of the offense charged. In such cases where the defendant was under the age of eighteen (18), the defendant shall be classified as a victim of abuse, as defined under Section 210.110, RSMo., and such abuse shall be reported as required under Section 210.115, RSMo.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[R.O. 2008 § 215.450]
A. 
A person commits the offense of patronizing prostitution if he/she patronizes prostitution.
B. 
It shall not be an affirmative defense that the defendant believed that the person he/she patronized for prostitution was eighteen (18) years of age or older.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
[R.O. 2008 § 215.460]
A. 
In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:
1. 
Both persons were of the same sex; or
2. 
The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.
[R.O. 2008 § 215.463]
A. 
Any room, building or other structure regularly used for sexual contact for pay as defined in Section 215.430 or any unlawful prostitution activity prohibited by this Article is a public nuisance.
B. 
The City Prosecuting Attorney may, in addition to all other sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year.
C. 
All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the jurisdiction of the court.
D. 
Appeals shall be allowed from the judgment of the court as in other civil actions.
[R.O. 2008 § 215.465; R.O. 2007 § 215.350; Ord. No. 4508 § 1, 4-21-2003]
It shall be unlawful for any person to urinate or defecate in any place open to public view other than in proper receptacles of public or private comfort stations, restrooms, toilets or other similar facilities.
[R.O. 2008 § 215.467; R.O. 2007 § 215.355; Ord. No. 4576 §§ 1 – 3, 10-15-2003]
A. 
It shall be unlawful for any person, while in a public place or in public view, to engage in human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urination or defecation, exhibition of the genitals, pubic areas or buttocks of the human male or female, or exhibition of the breasts of a female. These activities are banned at all times in a City park, whether in the public view or not. Anyone who commits any act proscribed by Subsection (A) shall be guilty of unlawful public indecency.
B. 
Subsection (A) shall not apply to artistic or dramatic performances, which are not unlawful under State law or Municipal Code, or to exposure necessarily incident to breastfeeding an infant, nor to the exposure of the breast of a pre-pubescent female.
C. 
The offense of "public indecency" shall be an ordinance violation and shall be punishable as provided in Section 100.010 of the Municipal Code of the City of O'Fallon, Missouri.