In this Chapter, unless the context requires a different definition,
the following shall apply:
COMMERCIAL FILM AND PHOTOGRAPHIC PRINT PROCESSOR
Any person who develops exposed photographic film into negatives,
slides or prints or who makes prints from negatives or slides for
compensation. The term "commercial film and photographic print
processor" shall include all employees of such persons but
shall not include a person who develops film or makes prints for a
public agency.
CONFINEMENT
1.
A person is in confinement when he/she is held in a place of
confinement pursuant to arrest or order of a court and remains in
confinement until:
a.
A court orders his/her release; or
b.
He/she is released on bail, bond or recognizance, personal or
otherwise; or
c.
A public servant having the legal power and duty to confine
him/her authorizes his/her release without guard and without condition
that he/she return to confinement.
2.
A person is not in confinement if:
a.
He/she is on probation or parole, temporary or otherwise; or
b.
He/she is under sentence to serve a term of confinement which
is not continuous, or is serving a sentence under a work-release program,
and in either such case is not being held in a place of confinement
or is not being held under guard by a person having the legal power
and duty to transport him/her to or from a place of confinement.
CONSENT
Consent or lack of consent may be expressed or implied. Assent
does not constitute consent if:
1.
It is given by a person who lacks the mental capacity to authorize
the conduct charged to constitute the offense and such mental incapacity
is manifest or known to the actor; or
2.
It is given by a person who by reason of youth, mental disease
or defect, or intoxication is manifestly unable or known by the actor
to be unable to make a reasonable judgment as to the nature or harmfulness
of the conduct charged to constitute the offense; or
3.
It is induced by force, duress or deception.
CUSTODY
A person is in custody when he/she has been arrested but
has not been delivered to a place of confinement.
DANGEROUS FELONY
The felonies of arson in the first degree, assault in the
first degree, attempted forcible rape if physical injury results,
attempted forcible sodomy if physical injury results, forcible rape,
forcible sodomy, kidnapping, murder in the second degree, assault
of a Law Enforcement Officer in the first degree, domestic assault
in the first degree, elder abuse in the first degree, robbery in the
first degree, statutory rape in the first degree when the victim is
a child less than twelve (12) years of age at the time of the commission
of the act giving rise to the offense, statutory sodomy in the first
degree when the victim is a child less than twelve (12) years of age
at the time of the commission of the act giving rise to the offense,
and abuse of a child pursuant to Subdivision (2) of Subsection (3)
of Section 568.060, RSMo., child kidnapping, and parental kidnapping
committed by detaining or concealing the whereabouts of the child
for not less than one hundred twenty (120) days under Section 565.153,
RSMo.
DANGEROUS INSTRUMENT
Any instrument, article or substance which, under the circumstances
in which it is used, is readily capable of causing death or other
serious physical injury.
DEADLY WEAPON
Any firearm, loaded or unloaded, or any weapon from which
a shot, readily capable of producing death or serious physical injury,
may be discharged or a switchblade knife, dagger, billy, blackjack
or metal knuckles.
FELONY
Has the meaning specified in Section 556.016, RSMo.
FORCIBLE COMPULSION
Means either:
1.
Physical force that overcomes reasonable resistance; or
2.
A threat, express or implied, that places a person in reasonable
fear of death, serious physical injury, or kidnapping of himself/herself
or another person.
INCAPACITATED
That physical or mental condition, temporary or permanent,
in which a person is unconscious, unable to appraise the nature of
his/her conduct, or unable to communicate unwillingness to an act.
A person is not "incapacitated" with respect to an
act committed upon him/her if he/she became unconscious, unable to
appraise the nature of his/her conduct, or unable to communicate unwillingness
to an act after consenting to the act.
INFRACTION
Has the meaning specified in Section 556.021, RSMo.
KNOWINGLY
Has the meaning specified in Section 562.016, RSMo.
LAW ENFORCEMENT OFFICER
Any public servant having both the power and duty to make
arrests for violations of the laws of this State, and Federal Law
Enforcement Officers authorized to carry firearms and to make arrests
for violations of the laws of the United States.
MISDEMEANOR
Has the meaning specified in Section 556.016, RSMo.
OFFENSE
Any felony, ordinance violation, misdemeanor or infraction.
PHYSICAL INJURY
Physical pain, illness, or any impairment of physical condition.
PLACE OF CONFINEMENT
Any building or facility and the grounds thereof wherein
a court is legally authorized to order that a person charged with
or convicted of a crime be held.
POSSESS OR POSSESSED
Having actual or constructive possession of an object with
knowledge of its presence. A person has actual possession if he/she
has the object on his/her person or within easy reach and convenient
control. A person has constructive possession if he/she has the power
and the intention at a given time to exercise dominion or control
over the object either directly or through another person or persons.
Possession may also be sole or joint. If one (1) person alone has
possession of an object, possession is sole. If two (2) or more persons
share possession of an object, possession is joint.
PUBLIC SERVANT
Any person employed in any way by a government of this State
who is compensated by the government by reason of his/her employment,
any person appointed to a position with any government of this State,
or any person elected to a position with any government of this State.
It includes, but is not limited to, legislators, jurors, members of
the judiciary and Law Enforcement Officers. It does not include witnesses.
PURPOSELY
Has the meaning specified in Section 562.016, RSMo.
RECKLESSLY
Has the meaning specified in Section 562.016, RSMo.
RITUAL OR CEREMONY
An act or series of acts performed by two (2) or more persons
as part of an established or prescribed pattern of activity.
SERIOUS EMOTIONAL INJURY
An injury that creates a substantial risk of temporary or
permanent medical or psychological damage manifested by impairment
of a behavioral, cognitive or physical condition. "Serious
emotional injury" shall be established by testimony of qualified
experts upon the reasonable expectation of probable harm to a reasonable
degree of medical or psychological certainty.
SERIOUS PHYSICAL INJURY
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
SEXUAL CONDUCT
Acts of human masturbation; deviate sexual intercourse; sexual
intercourse; or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks, or the breast of a female in an act
of apparent sexual stimulation or gratification.
SEXUAL CONTACT
Any touching of the genitals or anus of any person, or the
breast of any female person, or any such touching through the clothing
for the purpose of arousing or gratifying sexual desire of any person.
SEXUAL PERFORMANCE
Any performance, or part thereof, which includes sexual conduct
by a child who is less than seventeen (17) years of age.
VOLUNTARY ACT
Has the meaning specified in Section 562.011, RSMo.
[CC 1999 §18-1; Ord. No. 2004-81 §1(18-1), 9-16-2004]
A. It
shall be an ordinance violation for a person to attempt to commit
an ordinance violation when, with the purpose of committing the offense,
said person does any act which is a substantial step towards the commission
of the offense. As used herein, "substantial step" means conduct which is strongly corroborative of the firmness of
the actor's purpose to complete the commission of the offense.
B. It
is no defense to a prosecution under this Section that the ordinance
violation attempted was, under the actual attendant circumstances,
factually or legally impossible of commission, if such ordinance violation
could have been committed had the attendant circumstances been as
the actor believed them to be at the time of the attempt.
C. A person found to have violated this Section shall be punished pursuant to Chapter
100, Section
100.340 of this Code.
[CC 1999 §18-2; Ord. No. 2004-82 §1(18-2), 9-16-2004]
A. It
shall be an ordinance violation for a person to conspire with another
person or persons to commit an ordinance violation if, with the purpose
of promoting or facilitating its commission, said person agrees with
such other person or persons that they or one (1) or more of them
will engage in conduct which constitutes an ordinance violation.
B. If
a person conspires with a person or persons knowing that a person
with whom said person conspired to commit an ordinance violation has
conspired with another person or persons to commit the same ordinance
violation, said person is guilty of conspiring with such other person
or persons to commit such ordinance violation, whether said person
knows the other person or persons identity.
C. If
a person conspires to commit a number of ordinance violations, said
person is guilty of only one (1) conspiracy so long as such multiple
ordinance violations are the object of the same agreement.
D. No
person may be convicted of conspiracy to commit an ordinance violation
unless an overt act in pursuance of such conspiracy is alleged and
proved to have been done by said person or by a person with whom said
person conspired.
E. No
person shall be convicted of conspiracy if, after conspiring to commit
the ordinance violation, said person prevented the accomplishment
of the objectives of the conspiracy under circumstances manifesting
a renunciation of said person's criminal purpose.
F. The
defendant shall have the burden of raising and going forward with
the evidence as in an affirmative defense on the issue of renunciation
of criminal purpose.
G. A person
shall not be convicted or sentenced on the basis of the same course
of conduct of both the actual commission of an ordinance violation
and a conspiracy to commit that ordinance violation.
H. A person found to have violated this Section by committing a conspiracy shall be punished pursuant to Chapter
100, Section
100.340 of this Code.
[CC 1999 §18-3; Ord. No. 2004-80 §1, 9-16-2004]
A. It
shall be an ordinance violation for a person, either before or during
the commission of an ordinance violation, for the purpose of committing
an ordinance violation, to aid or agree to aid or attempt to aid another
person in planning, committing or attempting to commit the ordinance
violation.
B. It
shall be an affirmative defense to the violation of this Section if:
1. The defendant is a victim of the ordinance violation,
2. The ordinance violation is so defined that defendant's conduct was
necessarily incident to the commission of, or attempt to commit the
ordinance violation, and
3. Before the commission of the ordinance violation defendant abandons
defendant's purpose and gives timely warning to law enforcement authorities
or otherwise makes proper effort to prevent the commission of the
ordinance violation.
C. A person found to have violated this Section by aiding another in committing an ordinance violation shall be punished pursuant to Chapter
100, Section
100.340 of this Code.