As used in this Sections
210.127 and
210.130, unless the context clearly indicates otherwise, the following terms shall have the meanings indicated:
ABUSE
Includes but is not limited to the occurrence of any of the
following acts, attempts or threats against a person who may be protected
pursuant to this Chapter, except "abuse" shall not include abuse inflicted
on a child by accidental means by an adult household member or discipline
of a child, including spanking, in a reasonable manner:
1.
ASSAULTPurposely or knowingly placing or attempting to place another in fear of physical harm.
2.
BATTERYPurposely or knowingly causing physical harm to another with or without a deadly weapon.
3.
COERCIONCompelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage.
4.
HARASSMENTEngaging in a purposeful or knowing course of conduct involving more than one (1) incident that alarms or causes distress to an adult or child and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult or child to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner or child. Such conduct might include, but is not limited to:
a.
Following another about in a public place or places;
b.
Peering in the window or lingering outside the residence of
another; but does not include constitutionally protected activity.
5.
SEXUAL ASSAULTCausing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent,
ADULT
Any person seventeen (17) years of age or older or otherwise
emancipated.
CHILD
Any person under seventeen (17) years of age unless otherwise
emancipated.
COURT
The Circuit or Associate Circuit Judge or a Family Court
Commissioner.
DOMESTIC VIOLENCE
Abuse or stalking committed by a family or household member,
as such terms are defined in this Section.
EX PARTE ORDER OF PROTECTION
An order of protection issued by the Court before the respondent
has received notice of the petition or an opportunity to be heard
on it.
FAMILY OR HOUSEHOLD MEMBER
Spouses, former spouses, any person related by blood or marriage,
persons who are presently residing together or have resided together
in the past, any person who is or has been in a continuing social
relationship of a romantic or intimate nature with the victim, and
anyone who has a child in common regardless of whether they have been
married or have resided together at any time.
FULL ORDER OF PROTECTION
An order of protection issued after a hearing on the record
where the respondent has received notice of the proceedings and has
had an opportunity to be heard.
PENDING
Exists or for which a hearing date has been set.
PETITIONER
A family or household member who has been a victim of domestic
violence, or any person who has been the victim of stalking or sexual
assault, or a person filing on behalf of a child pursuant to Section
455.503, RSMo., who has filed a verified petition pursuant to the
provisions of Section 455.020 or 455.505, RSMo.
RESPONDENT
The family or household member alleged to have committed
an act of domestic violence, or person alleged to have committed an
act of stalking or sexual assault, against whom a verified petition
has been filed or a person served on behalf of a child pursuant to
Section 455.503, RSMo.
SEXUAL ASSAULT
As defined under the definition of "abuse" in this Section.
STALKING
Is when any person purposely engages in an unwanted course
of conduct that causes alarm to another person, or a person who resides
together in the same household with the person seeking the order of
protection when it is reasonable in that person's situation to have
been alarmed by the conduct. As used in this definition:
1.
ALARMMeans to cause fear of danger of physical harm; and
2.
COURSE OF CONDUCTMeans a pattern of conduct composed of two (2) or more acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or unwanted contact.
A person commits the offense of harassment if he/she, without
good cause, engages in any act with the purpose to cause emotional
distress to another person.
A person commits the offense of kidnapping if he or she knowingly
restrains another unlawfully and without consent so as to interfere
substantially with his or her liberty.
[Ord. No. 8658, 12-14-2020]
A. Definition. A "laser pointer" shall be defined as any device which
emits light amplified by the stimulated emission of radiation that
is visible to the human eye and designed to be used as a pointer or
highlighter, to indicate, mark or identify a specific position or
place, including, but not limited to, Class 2 lasers, Class 3a and
3b lasers, and Class 4 lasers. For purposes of this section, any laser
presently being used for medical, educational or other legitimate
commercial use is not a laser pointer.
B. Possession By Minors Prohibited. It shall be unlawful for any person
under the age of eighteen (18) to possess a laser pointer except in
the residence of that person, or except when outside the person's
residence the minor is under the direct supervision of adult school
personnel, parent, guardian or employer. Outside the home of the minor,
the adult providing direct supervision shall be physically present
in the location where the minor is present. Except as allowed herein,
all laser pointers in the possession of a minor are deemed to be contraband
and are subject to seizure by any duly authorized Law Enforcement
Officer and shall be subject to forfeiture. No Law Enforcement Officer
seizing such contraband shall be required to have a warrant or other
legal process prior to effecting the seizure.
C. Illumination Of Persons Prohibited. It shall be unlawful for any
person to use a laser pointer in such a manner that the laser beam
illuminates on another person or animal in the area of the head or
body in such a manner as to harass or create a reasonable fear by
that person that their sight or safety may be endangered.
D. Illumination Of Vehicle Operators Prohibited. It shall be unlawful
for any person to use a laser pointer in such a manner that the laser
beam illuminates the driver or passenger of a motor vehicle.
E. Illumination Of Law Enforcement Officers Prohibited. It shall be
unlawful for any person to use a laser pointer in such a manner that
the laser beam illuminates a uniformed Law Enforcement Officer or
duly identified non-uniformed Law Enforcement Officer.
F. Illumination Of Inanimate Objects Prohibited. It shall be unlawful
to use a laser pointer in such a manner that the laser beam illuminates
any inanimate object with the intent or result that a person will
be annoyed or harassed by said illumination.