[R.O. 2007 § 210.040; Ord. No. 6579 § 6, 7-28-2016[1]]
A. 
Guilt for an offense may be based upon an attempt to commit an offense if, with the purpose of committing the offense, a person performs any act which is a substantial step towards the commission of the offense. A "substantial step" is 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 that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.
[1]
Editor’s Note: Section 25 of this ordinance provided that it would take effect at 12:01 A.M. on 1-1-2017.
[R.O. 2007 § 210.045; Ord. No. 6579 § 7, 7-28-2016[2]]
A. 
A person is criminally responsible for the conduct of another when:
1. 
The Statute defining the offense makes him/her so responsible; or
2. 
Either before or during the commission of an offense with the purpose of promoting the commission of an offense, he/she aids or agrees to aid or attempts to aid such other person in planning, committing or attempting to commit the offense.
B. 
However, a person is not so responsible if:
1. 
He/she is the victim of the offense committed or attempted;
2. 
The offense is so defined that his/her conduct was necessarily incident to the commission or attempt to commit the offense. If his/her conduct constitutes a related but separate offense, he/she is criminally responsible for that offense but not for the conduct or offense committed or attempted by the other person; and/or
3. 
Before the commission of the offense such person abandons his/her purpose and gives timely warning to law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.
C. 
The defense provided by subparagraph (3) of Subsection (B) of this Section is an affirmative defense.
[1]
Cross Reference: As to general penalty for violations of Code, see § 100.060 of this Code.
[2]
Editor’s Note: Section 25 of this ordinance provided that it would take effect at 12:01 A.M. on 1-1-2017.
[R.O. 2007 § 210.050; CC 1979 § 20-3; Ord. No. 302 § 3, 1-3-1977]
It shall be unlawful for any person to impede, restrain or otherwise prevent City employees, City Policemen or persons working on behalf of the City or a fire protection district from performing their assigned duties.
[1]
Cross References: As to personnel generally, see Ch. 125 of this Code; as to police generally, see Ch. 200.
[Ord. No. 5815 § 1, 10-11-2012; Ord. No. 6579 § 8, 7-28-2016[1]]
A. 
A person commits the offense of identity theft if he or she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use, one (1) or more means of identification not lawfully issued for his or her use.
B. 
An offense under this Section includes identity theft that results in the theft or appropriation of credit, money, goods, services, or other property not exceeding twenty-five thousand dollars ($25,000.00) in value.
C. 
This Section shall not apply to the following activities:
1. 
A person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, going to a gaming establishment, or another privilege denied to minors;
2. 
A person obtains means of identification or information in the course of a bona fide consumer or commercial transaction;
3. 
A person exercises, in good faith, a security interest or right of offset by a creditor or financial institution;
4. 
A person complies, in good faith, with any warrant, court order, levy, garnishment, attachment, or other judicial or administrative order, decree, or directive, when any party is required to do so; or
5. 
A person is otherwise authorized by law to engage in the conduct that is the subject of the prosecution.
[1]
Editor’s Note: Section 25 of this ordinance provided that it would take effect at 12:01 A.M. on 1-1-2017.
[Ord. No. 6579 § 9, 7-28-2016[1]]
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.
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, misdemeanor, ordinance violation, or felony 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.
[1]
Editor’s Note: Section 25 of this ordinance provided that it would take effect at 12:01 A.M. on 1-1-2017.
[R.O. 2007 § 210.070; CC 1979 § 20-21; Ord. No. 1731 §§ 1 — 5, 3-14-1991; Ord. No. 3820 § 2, 4-24-2003; Ord. No. 6579 § 10, 7-28-2016[1]]
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;
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.
[1]
Editor’s Note: Section 25 of this ordinance provided that it would take effect at 12:01 A.M. on 1-1-2017.
[R.O. 2007 § 210.080; CC 1979 § 20-6; Ord. No. 1828 § 1, 12-5-1991]
A. 
It shall be unlawful for any person to misuse the emergency telephone service. For the purposes of this Section, "emergency" means any incident involving danger to life or property that calls for an emergency response dispatch of police, fire, EMS or other public safety organization, "misuse the emergency telephone service", includes, but is not limited to, repeatedly calling the "911" for non-emergency situations causing operators or equipment to be in use when emergency situations may need such operators or equipment and "repeatedly" means three (3) or more times within a one (1) month period. Any violation of this Subsection is an ordinance violation.
B. 
It shall be unlawful for any person to access the number 911 for the purpose of making a false alarm or complaint or reporting false information which could result in the emergency response of any public safety agency.
C. 
The automatic location identifier and the automatic number identifier within the enhanced emergency phone system (911) shall constitute evidence of the location of a violation of this Section.
[1]
Cross References: As to fire prevention generally, Ch. 507 of this Code; as to police generally, Ch. 200.
[R.O. 2007 § 210.090; Ord. No. 3820 § 3, 4-24-2003; Ord. No. 6579 § 11, 7-28-2016[2]]
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 arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any offense, infraction or ordinance violation.
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.
[2]
Editor’s Note: Section 25 of this ordinance provided that it would take effect at 12:01 A.M. on 1-1-2017.
[R.O. 2007 § 210.100; CC 1979 § 20-10.1.1; Ord. No. 849 §§ 1 — 2, 12-8-1983]
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.
[R.O. 2007 § 610.030; Ord. No. 3281 §§ 1 — 2, 8-10-2000; Ord. No. 3359 § 5, 12-14-2000]
No person shall engage in the activities of a watchmen or security guard without having first obtained a license to do so as provided by the appropriate requirements regulating the issuance of such licenses as promulgated by the County of St. Charles, Missouri.