[R.O. 2012 §215.050; CC 1992 §13-71; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of perjury if, with the purpose to deceive, he/she
knowingly testifies falsely to any material fact, upon oath or affirmation
legally administered, in any official proceeding before any court,
public body, notary public or other officer authorized to administer
oaths.
B. A fact
is material, regardless of its admissibility under rules of evidence,
if it could substantially affect or did substantially affect the course
or outcome of the cause, matter or proceeding.
C. Knowledge
of the materiality of the statement is not an element of this offense,
and it is no defense that:
1. The defendant mistakenly believed the fact to be immaterial; or
2. The defendant was not competent, for reasons other than mental disability
or immaturity, to make the statement.
D. It is a defense to a prosecution under Subsection
(A) of this Section that the actor retracted the false statement in the course of the official proceeding in which it was made, provided he/she did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.
E. The defendant shall have the burden of injecting the issue of retraction under Subsection
(D) of this Section.
[R.O. 2012 §215.060; CC 1992 §13-72; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of making a false affidavit if, with purpose to
mislead any person, he, in any affidavit, swears falsely to a fact
which is material to the purpose for which the affidavit is made.
B. The provisions of Subsections
215.050(B) and
(C) 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 by affidavit or testimony, but this defense shall not apply if the retraction was made after:
1. The falsity of the statement was exposed; or
2. Any person took substantial action in reliance on the statement.
D. The defendant shall have the burden of injecting the issue of retraction under Subsection
(C) of this Section.
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 a crime or offense; or
2. Makes a false report to a Law Enforcement Officer that a crime or
offense has occurred or is about to occur; or
3. Makes a false report or causes a false report to be made to a Law
Enforcement 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 actor retracted the false statement or report before the Law Enforcement 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.
[R.O. 2012 §215.080; CC 1992 §13-74; Ord. No. 1633, 4-11-1983]
A person commits the offense of making a false bomb report if
he/she knowingly makes a false report or causes a false report to
be made to any person that a bomb or other explosive has been placed
in any public or private place or vehicle.
[R.O. 2012 §215.090; CC 1992 §13-75; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of tampering with physical evidence if he/she:
1. Alters, destroys, suppresses or conceals any record, document or
thing with purpose to impair its verity, legibility or availability
in any official proceeding or investigation; or
2. Makes, presents or uses any record, document or thing knowing it
to be false with purpose to mislead a public servant who is or may
be engaged in any official proceeding or investigation.
[R.O. 2012 §215.100; CC 1992 §13-76; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of tampering with a public record if, with the
purpose to impair the verity, legibility or availability of a public
record, he/she:
1. Knowingly makes a false entry in or falsely alters any public record;
or
2. Knowing he/she lacks authority to do so, destroys, suppresses or
conceals any public record.
[R.O. 2012 §215.110; CC 1992 §13-77; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of false impersonation if he/she:
1. Falsely represents himself/herself to be a public servant with 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; or
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.
[R.O. 2012 §215.120; CC 1992 §13-78; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of simulating legal process if, with purpose to
mislead the recipient and cause him/her to take action in reliance
thereon, he/she delivers or causes to be delivered:
1. A request for the payment of money on behalf of any creditor that
in form and substance simulates any legal process issued by any court
of this State; or
2. Any purported summons, subpoena or other legal process knowing that
the process was not issued or authorized by any court.
B. This
Section shall not apply to a subpoena properly issued by a notary
public.
C. No
person shall file a non-consensual common law lien as defined in Section
428.105, RSMo.
A. A person
commits the offense of resisting or interfering with arrest, detention
or stop if, knowing that a Law Enforcement Officer is making an arrest
or attempting to lawfully detain or stop an individual or vehicle,
or the person reasonably should know that a Law Enforcement 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 ordinance
violation; 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 that person continues
to operate a motor vehicle after that 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 that person.
D. It is no defense to a prosecution under Subsection
(A) of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest. However, nothing in this Section shall be construed to bar civil suits for unlawful arrest.
[R.O. 2012 §215.140; CC 1992 §13-80; Ord. No. 1633, 4-11-1983]
A person commits the offense of failing to comply with an order
of a Police Officer if he/she shall refuse or fail to comply with
any lawful order, reasonable request or direction of a Police Officer
of the City.
[R.O. 2012 §215.150; CC 1992 §13-81; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of interference with legal process if, knowing
any person is authorized by law to serve process, for the purpose
of preventing such person from effecting the service of any process,
he/she interferes with or obstructs such person.
B. For
purposes of this Section, the term "process" includes
any writ, summons, subpoena, warrant other than an arrest warrant
or other process or order of a court.
[R.O. 2012 §215.160; CC 1992 §13-82; Ord. No. 1633, 4-11-1983]
A person commits the offense of refusal to identify as a witness
if, knowing he/she has witnessed any portion of an offense, or of
any other incident resulting in physical injury or substantial property
damage, upon demand by a Law Enforcement Officer engaged in the performance
of his/her official duties, he/she refuses to report or gives a false
report of his/her name and present address to such officer.
[R.O. 2012 §215.170]
A person commits the offense of escape from custody or attempted
escape from custody if, while being held in custody after arrest for
any crime or offense, he/she escapes or attempts to escape from custody.
[R.O. 2012 §215.180]
A person commits the offense of escape or attempted escape from
confinement if, while being held in confinement after arrest for any
crime or offense, while serving a sentence after conviction for any
crime or offense, or while at an institutional treatment center operated
by the Department of Corrections as a condition of probation or parole,
he/she escapes or attempts to escape from confinement.
[R.O. 2012 §215.190; CC 1992 §13-85; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of failure to return to confinement if, while
serving a sentence for any offense under a work release program, or
while under sentence of any offense to serve a term of confinement
which is not continuous, or while serving any other type of sentence
for any offense wherein he/she is temporarily permitted to go at large
without guard, he/she purposely fails to return to confinement when
he/she is required to do so.
B. This
Section does not apply to persons who are free on bond, bail or recognizance,
personal or otherwise, or to persons who are on probation or parole,
temporary or otherwise.
[R.O. 2012 §215.200; CC 1992 §13-86; Ord. No. 1633, 4-11-1983]
A. A person
commits the offense of aiding escape of a prisoner if he:
1. Introduces into any place of confinement any deadly weapon or dangerous
instrument or other thing adapted or designed for use in making an
escape, with the purpose of facilitating the escape of any prisoner
confined therein, or of facilitating the commission of any other offense;
or
2. Assists or attempts to assist any prisoner who is being held in custody
or confinement for the purpose of effecting the prisoner's escape
from custody or confinement.
[R.O. 2012 §215.210; CC 1992 §13-87; Ord. No. 1633, 4-11-1983]
A person commits the offense of disturbing a judicial proceeding
if, with purpose to intimidate a judge, attorney, juror, party or
witness and thereby to influence a judicial proceeding, he/she disrupts
or disturbs a judicial proceeding by participating in an assembly
and calling aloud, shouting, or holding or displaying a placard or
sign containing written or printed matter concerning the conduct of
the judicial proceeding or the character of a judge, attorney, juror,
party or witness engaged in such proceeding, or calling for or demanding
any specified action or determination by such judge, attorney, juror,
party or witness in connection with such proceeding.
[R.O. 2012 §215.220; CC 1992 §13-90; Ord. No. 1633, 4-11-1983]
A person commits the offense of obstructing government operations
if he/she purposely obstructs, impairs, hinders or perverts the performance
of a governmental function by the use or threat of violence, force
or other physical interference or obstacle.