City of Wildwood, MO Article III Offenses Concerning Administration Of Justice

Section 210.060 False Impersonation.

[R.O. 1997 § 210.060; Ord. No. 78 §§ 1—2, 9-1-1995]

A. A person commits the offense of false impersonation if such person:

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

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; or

3. Upon being arrested, falsely represents himself/herself, to a Police Officer, with the first and last name, date of birth or social security number, or a substantial number of identifying factors or characteristics as that of another person that results in the filing of a report or record of arrest or conviction for an infraction or offense that contains the first and last name, date of birth and social security number, or a substantial number of identifying factors or characteristics to that of such other person as to cause such other person to be identified as the actual person arrested or convicted.

B. If a violation of Subsection (A)(3) hereof is discovered prior to any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney bringing any action on the underlying charge shall notify the court thereof, and the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.

C. Any person who is the victim of a false impersonation and whose identity has been falsely reported in arrest or conviction records may move for expungement and correction of said records under the procedures set forth in Section 610.123, RSMo. Upon a showing that a substantial number of identifying factors of the victim was falsely ascribed to the person actually arrested or convicted, the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate factors from the arrest and court records.

Section 210.070 False Reports.

[R.O. 1997 § 210.070]

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 an offense; or

2. Makes a false report to a Police Officer that an offense has occurred or is about to occur; or

3. Makes a false report or causes a false report to be made to a Police 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 person retracted the false statement or report before the Police 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 210.080 False Declaration.

[R.O. 1997 § 210.080]

A. A person commits the offense of making a false declaration if, with the purpose to mislead a public servant in the performance of his/her duty, he/she:

1. Submits any written false statement, which he/she does not believe to be true:

a. In an application for any pecuniary benefit or other consideration; or

b. On a form bearing notice, authorized by law, that false statements made therein are punishable; or

2. Submits or invites reliance on:

a. Any writing which he/she knows to be forged, altered or otherwise lacking in authenticity; or

b. Any sample, specimen, map, boundary mark, or other object which he/she knows to be false.

B. The falsity of the statement or the item under Subsection (A) of this Section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of Subsections (2) and (3) of Section 575.040, RSMo., 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 or item but this defense shall not apply if the retraction was made after:

1. The falsity of the statement or item was exposed; or

2. The public servant took substantial action in reliance on the statement or item.

D. The defendant shall have the burden of injecting the issue of retraction under Subsection (C) of this Section.

Section 210.090 Resisting Or Interfering With Arrest. [1]

[R.O. 1997 § 210.090]

A. A person commits the offense of resisting or interfering with arrest if, knowing that a Police Officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a Police 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 offense; 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 the person continues to operate a motor vehicle after the 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 the person.

D. It is no defense to a prosecution under Subsection (A) of this Section that the Police 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 210.100 Fleeing Or Attempting To Elude A Police Officer.

[R.O. 1997 § 210.100; Ord. No. 115 § 1, 9-1-1995]

It shall be unlawful for any person operating a vehicle to willfully fail or refuse to bring his/her vehicle to a stop, or who otherwise flees or attempts to elude a pursuing Police vehicle when given visual and audible signals to bring the vehicle to a stop. The signals given by the Police Officer shall be by emergency light and siren.

Section 210.110 Interference With A Police Officer Or Firefighter.

[R.O. 1997 § 210.110; Ord. No. 253 § 1, 8-12-1996]

No person shall in any manner interfere with the performance of the official duties of any Police Officer, Firefighter, or other authorized employee of the Police Department or Fire Protection District or obstruct him/her in any manner while performing any duty. Interference under this Section shall include knowingly providing false information or false identification to an officer or other such authorized employee.