City of Troy, MO Article III Offenses Concerning Administration of Justice

Section 210.300 Concealing an Offense. [1]

A. A person commits the offense of concealing an offense if he or she:

1. Confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person's concealing of any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof; or

2. Accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his/her concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.310 Hindering Prosecution. [1]

A. A person commits the offense of hindering prosecution if, for the purpose of preventing the apprehension, prosecution, conviction or punishment of another person for conduct constituting an offense, he or she:

1. Harbors or conceals such person; or

2. Warns such person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law; or

3. Provides such person with money, transportation, weapon, disguise or other means to aid him/her in avoiding discovery or apprehension; or

4. Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.320 Refusal To Identify as a Witness.

A person commits the offense of refusal to identify as a witness if, knowing he or she has witnessed any portion of an offense, or of any other incident resulting in physical injury or substantial property damage, he or she refuses to report or gives a false report of his or her name and present address to a Law Enforcement Officer engaged in the performance of his or her duties.

Section 210.330 Disturbing a Judicial Proceeding.

A person commits the offense of disturbing a judicial proceeding if, with the purpose to intimidate a judge, attorney, juror, party or witness and thereby influence a judicial proceeding, he or 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.

Section 210.340 Tampering With a Witness or Victim. [1]

A. A person commits the offense of tampering with a witness or victim if:

1. With the purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, absent himself or herself, avoid subpoena or other legal process, withhold evidence, information, or documents, or testify falsely, he or she:

a. Threatens or causes harm to any person or property; or

b. Uses force, threats or deception; or

c. Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or

d. Conveys any of the foregoing to another in furtherance of a conspiracy; or

2. He or she purposely prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from:

a. Making any report of such victimization to any peace officer, State, Local or Federal Law Enforcement Officer, prosecuting agency, or judge;

b. Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;

c. Arresting or causing or seeking the arrest of any person in connection with such victimization.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.350 Tampering With Physical Evidence. [1]

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 the 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 the purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.360 Improper Communication.

A person commits the offense of improper communication if he/she communicates, directly or indirectly, with any juror, special master, referee or arbitrator in a judicial proceeding, other than as part of the proceedings in a case, for the purpose of influencing the official action of such person.

Section 210.370 False Impersonation.

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 Law Enforcement 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 210.380 False Reports.

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 Law Enforcement 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 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 person 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.

Section 210.385 False Declaration.

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 210.390 Resisting or Interfering With Arrest, Detention or Stop. [1]

A. A person commits the offense of resisting or interfering with arrest, detention, or stop if he or she knows or reasonably should know that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, and for the purpose of preventing the Officer from effecting the arrest, stop or detention, he or she:

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 offense, 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 he or she continues to operate a motor vehicle after he or she 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 him or her.

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.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.400 Escape or Attempted Escape From Custody. [1]

A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any offense or violation of probation or parole, he/she escapes or attempts to escape from custody.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.405 Interfering With A Prisoner or Aiding Escape of A Prisoner.

A. A person commits the offense of interfering with a prisoner or aiding escape of a prisoner if he/she:

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 crime; 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; or

3. Gives away or sells, or attempts to give away or sell, to any person confined in any City Jail or in custody of any Law Enforcement Officer in the City anything whatsoever without the consent of the person in charge of such jail or person having such custody.

Section 210.410 Interference With Legal Process.

A. A person commits the offense of interference with legal process if, knowing another person is authorized by law to serve process, he or she interferes with or obstructs such person for the purpose of preventing such person from effecting the service of any process.

B. "Process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.

Section 210.415 Signal or Direction of Law Enforcement Officer or Firefighter, Duty To Stop, Motor Vehicle Operators and Riders of Animals — Violation, Penalty.

A. It shall be the duty of the operator or driver of any vehicle or any other conveyance regardless of means of propulsion, or the rider of any animal traveling on the highways of this {MuniType} to stop on signal of any Law Enforcement Officer or Firefighter and to obey any other reasonable signal or direction of such Law Enforcement Officer or Firefighter given in directing the movement of traffic on the highways or enforcing any offense or infraction.

B. The offense of willfully failing or refusing to obey such signals or directions or willfully resisting or opposing a Law Enforcement Officer or a Firefighter in the proper discharge of his or her duties is an ordinance violation.

Section 210.420 Interference With Custody.

A person is guilty of interfering with custody if, knowing that he/she has no legal right to do so, he/she takes or entices from legal custody any person entrusted by order of a court to the custody of another person or institution.

Section 210.430 Law Enforcement Officer's Use of Force in Making An Arrest.

A. A Law Enforcement Officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he/she reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other Statutes or ordinances, he/she is, subject to provisions of Subsections (B) and (C) below, justified in the use of such physical force as he/she reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.

B. The use of any physical force in making an arrest is not justified under this Section unless the arrest is lawful or the Law Enforcement Officer reasonably believes the arrest is lawful.

C. A Law Enforcement Officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force:

1. When such is authorized under other ordinances or Statutes; or

2. When he/she reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested:

a. Has committed or attempted to commit a dangerous violent felony; and

b. Is attempting to escape by use of a deadly weapon; or

c. May otherwise endanger life or inflict serious physical injury unless arrested without delay.

Section 210.440 Deceiving A Law Enforcement Officer.

A. A person commits the offense of deceiving a Law Enforcement Officer if he/she shall knowingly deceive a Law Enforcement Officer for the following purposes:

1. To prevent discovery of any offense or crime which has been or is being committed by any person; or

2. To prevent or hinder investigation, apprehension, prosecution, conviction, or punishment of any person for conduct constituting an offense under the ordinances of the City of Troy or the laws of the State of Missouri.

B. It is a defense to a prosecution under this Section that the actor retracted the false information or removed the deception, but this defense shall not apply if the retraction or removal was made after:

1. The falsity of the information or the deception was exposed; or

2. Any Law Enforcement Officer took substantial action in reliance on the false information or deception.

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

Section 210.450 Obstructing Police Operations.

A. It shall be unlawful to commit the offense of obstructing police operations.

B. A person commits the offense of obstructing police operations if he/she purposely obstructs, impairs, hinders, or perverts the performance of a police function, including but not limited to, crime scene or accident investigation; crowd control; traffic control; interrogation of suspects or witnesses; by using or threatening violence, force, physical interference or obstacle.

Section 210.460 Obstructing Government Operations.

A. It shall be unlawful to commit the offense of obstructing government operations.

B. 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 using or threatening violence, force, or other physical interference or obstacle.

Section 210.470 Failure To Comply With Request, Order, Etc., of A Police Officer.

A. It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a Police Officer acting in the performance of his/her duty.

B. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor and on such finding of guilt, shall be punishable by a fine of up to five hundred dollars ($500.00) and or up to ten (10) days in jail.

Section 210.480 through Section 210.510. (Reserved)