As used in this Article, the following terms shall have the
meanings set forth herein:
DEVIATE SEXUAL INTERCOURSE
Any act involving the genitals of one person and the hand,
mouth, tongue or anus of another person or a sexual act involving
the penetration, however slight, of the male or female sex organ or
the anus by a finger, instrument or object done for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
SEXUAL CONDUCT
Sexual intercourse, deviate sexual intercourse or sexual
contact.
SEXUAL CONTACT
Any touching of another person with the genitals or any touching
of the genitals or anus of another person, or the breast of a female
person, or such touching through the clothing for the purpose of arousing
or gratifying sexual desire of any person.
SEXUAL INTERCOURSE
Any penetration, however slight, of the female sex organ
by the male sex organ, whether or not an emission results.
A person commits the offense of sexual misconduct in the first
degree if such person purposely subjects another person to sexual
contact without that person's consent.
It shall be unlawful for any person within the City to urinate
in or upon any street, park, any public place open to the public or
private place open to public view other than in the restroom facilities
provided for such activity.
[Ord. No. 1290 §210.155, 1-11-2007]
A. Any
person who,
1. Since July 1, 1979, has been or hereafter has pleaded guilty or nolo
contendere to, or been convicted of, or been found guilty of violating
any of the provisions of:
[Ord. No. 1476 § 15, 2-9-2017]
b. The provisions of Subsection (2) of Section 568.020, RSMo., incest;
or
c. Section 568.045, RSMo., endangering the welfare of a child in the
first degree; or
d. Subsection (2) of Section 568.080, RSMo., as it existed prior to
January 1, 2017, or Section 573.205, RSMo., use of a child in a sexual
performance; or
e. Section 568.090, RSMo., as it existed prior to January 1, 2017, or
Section 573.205, RSMo., promoting a sexual performance by a child;
or
f. Section 573.023, RSMo., sexual exploitation of a minor; or
g. Section 573.025, RSMo., promoting child pornography in the first
degree; or
h. Section 573.035, RSMo., promoting child pornography in the second
degree; or
i. Section 573.037, RSMo., possession of child pornography; or
j. Section 573.040, RSMo., furnishing pornographic material to minors;
and
k. Any offense in any other jurisdiction which, if committed in this
State, would be a violation listed is this Section.
2. Any person required to register with the Chief Law Enforcement Official
of the County in which such person resides pursuant to the provisions
of Sections 589.400 et seq., RSMo., shall not reside within three
thousand (3,000) feet of any public school as defined in Section 160.011,
RSMo., or any private school giving instruction in a grade or grades
not higher than the twelfth (12th) grade, or public library, or public
park, or pool open to the general public, or within two thousand (2,000)
feet of any child care facility as defined in Section 210.201, RSMo.,
which is in existence at the time the individual begins to reside
at the location.
B. If
such person has already established a residence and a public school,
a private school, a child care facility, a public library, a public
park, or a pool open to the general public is subsequently built or
placed within the requisite distance of such person's residence, then
such person shall, within one (1) week of the opening of such public
school, private school, public library, public park, pool, or child
care facility, notify the Chief of Police that he/she is now residing
within three thousand (3,000) feet of such public school, private
school, public library, public park, or pool, or within two thousand
(2,000) feet of such child care facility and shall provide verifiable
proof to the Chief that he/she resided there prior to the opening
of such public school, private school, public library, public park,
pool, or child care facility.
C. For
purposes of this Section:
1. "Resides" means sleeps in a residence, which may
include more than one (1) location and may be mobile or transitory;
and
2. The requisite distance between the relevant facility and the residence
in question shall be measured by the straight line distance between
the nearest point on the property boundary line of the property upon
which the relevant facility is located and the nearest point on the
boundary line of the property upon which the residence is located.
D. Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of Chapter 566, RSMo., or the provisions of Subsection (2) of Section 568.020, RSMo., incest; Section 568.045, RSMo., endangering the welfare of a child in the first degree; Subsection (2) of Section 568.080, RSMo., as it existed prior to January 1, 2017, or Section 573.200, RSMo., Use Of A Child In A Sexual Performance; Section 568.090 RSMo. as it existed prior to January 1, 2017 or Section 573.205, RSMo., Promoting A Sexual Performance By A Child; Section 573.023, RSMo., sexual exploitation of a minor; Section 573.025, RSMo., promoting child pornography; or Section 573.040, RSMo., furnishing pornographic material to minors, or any offense in any other jurisdiction which, if committed in this State, would be a violation listed is this Section; shall not be present in or loiter within five hundred (500) feet of any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds, or in the conveyance, unless the offender is a parent, legal guardian, or custodian of a student present in the building and has met the conditions set forth in Subsection
(E) of this Section.
[Ord. No. 1476 § 15, 2-9-2017]
E. No parent, legal guardian, or custodian who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the offenses listed in Subsection
(D) of this Section shall be present in any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds, or in the conveyance, unless the parent, legal guardian, or custodian has permission to be present from the Superintendent or school board or in the case of a private school from the Principal. In the case of a public school, if permission is granted, the Superintendent or school board President must inform the Principal of the school where the sex offender will be present. Permission may be granted by the Superintendent, school board, or in the case of a private school from the Principal for more than one (1) event at a time, such as a series of events, however, the parent, legal guardian, or custodian must obtain permission for any other event he/she wishes to attend for which he/she has not yet had permission granted.
F. Any person violating any of the provisions of this Section shall be punished as provided in Section
100.220 of this Code of Ordinances.