[R.O. 2008 § 215.470]
As used in this Article, the following
terms shall have the meanings set forth herein:
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 male or female sex organ 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 intercourse, deviate sexual intercourse or 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, for the purpose of
arousing or gratifying sexual desire of any person.
Any penetration, however slight, of the female sex organ
by the male sex organ, whether or not an emission results.
[R.O. 2008 § 215.475]
A.
A person commits the offense of indecent
exposure (sexual misconduct) 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.
[R.O. 2008 § 215.480]
A person commits the offense of sexual
misconduct in the first degree if such person 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.
[R.O. 2008 § 215.485; R.O. 2007
§ 215.255; Ord. No. 5075 § 1, 9-28-2006; Ord. No. 5639 § 1, 11-18-2010]
A.
Any person who,
1.
Since September 28, 2006, has been
or hereafter 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; 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 three thousand (3,000) 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 twelfth
grade, or public library, or public park, or pool open to the general
public, or within two thousand (2,000) feet of any child care facility
as defined in Section 215.201, RSMo., 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 three thousand (3,000) feet
of such public school, private school, public library, public park
or pool, or within two thousand (2,000) feet of such child care facility
and shall provide verifiable proof to the Chief that he or she resided
there prior to the opening of such public school, private school,
public library, public park, pool or child care 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 since September 28, 2006, 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; or Section 573.040, RSMo., furnishing pornographic material to minors 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 since June 6, 2006 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; shall not knowingly be physically present in or loiter
within five hundred (500) feet of or to approach, contact or communicate
with any child under eighteen (18) years of age in any child care
facility as defined in Section 201.201, RSMo., on the real property
comprising any child care facility 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 or on the grounds.
G.
Any person who since August 28, 2009, 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; 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.
