City of Blue Springs, MO Article V Sex Offenses

Section 220.300 Definitions.

[R.O. 1996 § 220.300; Ord. No. 3604 § 1, 10-6-2003]

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 penis, female genitalia, 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, or causing semen, seminal fluid, or other ejaculate to come into contact with another person, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.

[Ord. No. 5187, 2-6-2023]

SEXUAL INTERCOURSE

Any penetration, however slight, of the female genitalia by the penis.

Section 220.305 Sexual Misconduct. [1]

A person commits the offense of sexual misconduct if they:

A. Have deviate sexual intercourse with another person without that person’s consent;

[Ord. No. 5048, 9-20-2021]

B. Purposely subject another person to sexual contact or engage in conduct which would constitute sexual contact except that the touching occurs through the clothing without that person's consent;

C. Expose their genitals under circumstances in which they know that their conduct is likely to cause affront or alarm;

D. Have sexual contact in the presence of a third person or persons under circumstances in which they know that such conduct is likely to cause affront or alarm; or

E. Solicit or request another person to engage in sexual conduct under circumstances in which they know that their requests or solicitations are likely to cause affront or alarm.

[1] Editor's Note: R.O. 1996 §§ 220.305 through 220.315, regarding sexual misconduct in the first, second, and third degrees, were replaced by the City during the 2019 recodification project with the provisions in this § 220.305.

Section 220.310 Non-Consensual Dissemination Of Private Sexual Images.

[Ord. No. 5048, 9-20-2021]

A. As used in this Section and in Section 220.315 the following terms mean:

COMPUTER

A device that accepts, processes, stores, retrieves, or outputs data, and includes, but is not limited to, auxiliary storage and telecommunications devices connected to computers.

COMPUTER PROGRAM

A series of coded instructions or statements in a form acceptable to a computer that causes the computer to process data and supply the results of the data processing.

DATA

A representation in any form of information, knowledge, facts, concepts, or instructions, including, but not limited to, program documentation, that is prepared or has been prepared in a formalized manner and is stored or processed in or transmitted by a computer or in a system or network. Data is considered property and may be in any form, including, but not limited to, printouts, magnetic or optical storage media, punch cards, data stored internally in the memory of the computer, or data stored externally that is accessible by the computer.

IMAGE

A photograph, film, videotape, digital recording, or other depiction or portrayal of an object, including a human body.

INTIMATE PARTS

The fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus or, if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.

PRIVATE MOBILE RADIO SERVICES

Private land mobile radio services and other communications services characterized by the Public Service Commission as private mobile radio services.

PUBLIC MOBILE SERVICES

Air-to-ground radio telephone services, cellular radio telecommunications services, offshore radio, rural radio services, public land mobile telephone services, and other common carrier radio communications services.

SEXUAL ACT

Sexual penetration, masturbation, or sexual activity.

SEXUAL ACTIVITY

Any:

1. Knowing touching or fondling by the victim or another person or animal, either directly or through clothing, of the sex organs, anus, or breast of the victim or another person or animal for the purpose of sexual gratification or arousal;

2. Transfer or transmission of semen upon any part of the clothed or unclothed body of the victim for the purpose of sexual gratification or arousal of the victim or another;

3. Act of urination within a sexual context;

4. Bondage, fetter, sadism, or masochism; or

5. Sadomasochism abuse in any sexual context.

B. A person commits the offense of non-consensual dissemination of private sexual images if he or she:

1. Intentionally disseminates an image with the intent to harass, threaten, or coerce another person:

a. Who is at least eighteen (18) years of age;

b. Who is identifiable from the image itself or information displayed in connection with the image; and

c. Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;

2. Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and

3. Knows or should have known that the person in the image did not consent to the dissemination.

C. The following activities are exempt from the provisions of this Section:

1. The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed if the dissemination is made for the purpose of a criminal investigation that is otherwise lawful;

2. The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed if the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct;

3. The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed if the image involves voluntary exposure in a public or commercial setting; or

4. The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed if the dissemination serves a lawful public purpose.

D. Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:

1. An interactive computer service, as defined in 47 U.S.C. Section 230(f)(2);

2. A provider of public mobile services or private mobile radio services; or

3. A telecommunications network or broadband provider.

Section 220.315 Threatening The Non-Consensual Dissemination Of Private Sexual Images.

[Ord. No. 5048, 9-20-2021]

A. A person commits the offense of threatening the non-consensual dissemination of private sexual images if he or she gains or attempts to gain anything of value, or coerces or attempts to coerce another person to act or refrain from acting, by threatening to disseminate an image of another person, which was obtained under circumstances in which a reasonable person would know or understand that the image was to remain private, against the will of such person:

1. Who is at least eighteen (18) years of age;

2. Who is identifiable from the image itself or information displayed in connection with the image; and

3. Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part.

Section 220.320 Peeping Toms.

[R.O. 1996 § 220.320; CC 1968 § 14-84; Ord. No. 1147 § 1, 4-12-1982]

It shall be unlawful for any person to be found in the City trespassing upon the premises of another whereon is located a dwelling house during the hours between one (1) hour after sunset and one (1) hour before sunrise, such person being upon such premises and being then and there engaged in peeping or peering into such dwelling house, or being upon such premises with the intention of peeping or peering into such dwelling house.

Section 220.325 Prostitution Definitions.

[R.O. 1996 § 220.325; CC 1968 § 14-85; Ord. No. 1147 § 1, 4-12-1982]

As used in Sections 220.330 through 220.345 the following definitions apply:

PATRONIZING PROSTITUTION

A person is "patronizing prostitution" if:

1. Pursuant to a prior understanding they give something of value to another person as compensation for that person or a third person having engaged in sexual conduct with them or with another;

2. They give or agree to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with them or with another; or

3. They solicit or request another person to engage in sexual conduct with them or with another, or to secure a third person to engage in sexual conduct with them or with another, in return for something of value.

PROSTITUTION

A person commits "prostitution" if they engage or offer or agree to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person.

SEXUAL CONDUCT

When there is:

[Ord. No. 4638 § 8, 12-19-2016]

1. DEVIATE SEXUAL INTERCOURSE Any sexual act involving the genitals of one (1) person and the mouth, tongue, or anus of another person; or any act involving the penetration, however slight, of the penis of the female genitalia, 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.

2. 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 or for the purpose of terrorizing the victim.

3. SEXUAL INTERCOURSE Any penetration, however slight, of the female genitalia by the penis.

SOMETHING OF VALUE

Any money or property, or any token, object, or article exchangeable for money or property.

Section 220.330 Prostitution.

[R.O. 1996 § 220.330; CC 1968 § 14-86; Ord. No. 1147 § 1, 4-12-1982]

A person commits the offense of prostitution if they perform an act of prostitution.

Section 220.335 Patronizing Prostitution.

[R.O. 1996 § 220.335; CC 1968 § 14-87; Ord. No. 1147 § 1, 4-12-1982]

A person commits the offense of patronizing prostitution if they patronize prostitution.

Section 220.340 (Reserved) [1]

[1] Editor's Note: R.O. 1996 § 220.340, Prostitution And Patronizing Prostitution — Sex Of Parties No Defense, When, was removed by the City during the 2019 recodification project.

Section 220.345 Prostitution Houses Deemed Public Nuisances.

[R.O. 1996 § 220.345; CC 1968 § 14-89; Ord. No. 1147 § 1, 4-12-1982]

A. Any room, building, or other structure regularly used for sexual contact for pay as defined in Section 220.325 or any unlawful prostitution activity prohibited by this Article is a public nuisance.

B. The City Prosecutor may, in addition to all sanctions contained in this Article, prosecute a suit in equity to enjoin the nuisance. Such suit shall be prosecuted pursuant to Section 567.080, RSMo.

Section 220.350 Public Indecency.

[R.O. 1996 § 220.350; CC 1968 § 14-193; Ord. No. 2290 § 1, 12-7-1992]

A. A person who knowingly or intentionally, in a public place, to include, but not be limited to, indoor and outdoor entertainment establishments, restaurants, theaters, bars, bookstores, and places of public accommodation where one (1) or more other persons is present:

1. Engages in sexual intercourse;

2. Engages in deviate sexual conduct;

3. Appears in a state of nudity; or

4. Fondles the genitals of themselves or another person;

commits the unlawful act of public indecency and is subject to punishment pursuant to Section 100.080 of this Code.

B. "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernible turgid state.