[Ord. No. 4126 §1(75.410), 8-20-2001]
The following definitions shall apply to Sections
210.045 through
210.155:
AFFIDAVIT
Any written statement which is authorized or required by
law to be made under oath and which is sworn to before a person authorized
to administer oaths.
GOVERNMENT
Any branch or agency of the government of this State or of
any political subdivision thereof.
JUDICIAL PROCEEDING
Any official proceeding in court or any proceeding authorized
by or held under the supervision of a court.
JUROR
A grand or petit juror, including a person who has been drawn
or summoned to attend as a prospective juror.
OFFICIAL PROCEEDING
Any cause, matter or proceeding where the laws of this State
require the evidence considered therein be under oath or affirmation.
PUBLIC RECORD
Any document which a public servant is required by law to
keep.
VICTIM
Any natural person against whom any crime is deemed to have
been perpetrated or attempted.
WITNESS
Any natural person:
1.
Having knowledge of the existence or non-existence of facts
relating to any crime; or
2.
Whose declaration under oath is received as evidence for any
purpose; or
3.
Who has reported any crime to any Peace Officer or prosecutor;
or
4.
Who has been served with a subpoena issued under the authority
of any court of this State.
[Ord. No. 4126 §1(75.415), 8-20-2001]
A. A person
commits the offense of making a false affidavit if, with purpose to
mislead any person, he, in any affidavit, swears falsely to a fact
which is material to the purpose for which such affidavit is made.
B. A fact
is material, regardless of its admissibility under rules of evidence,
if it could substantially affect or did substantially affect the course
or outcome of the cause, matter or proceeding.
C. Knowledge
of the materiality of the statement is not an element of this offense,
and it is no defense that:
1. The defendant mistakenly believed the fact to be immaterial; or
2. The defendant was not competent, for reasons other than mental disability
or immaturity, to make the statement.
D. It is a defense to a prosecution under Subsection
(A) of this Section that the actor retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
1. The falsity of the statement was exposed; or
2. Any person took substantial action in reliance on the statement.
E. The defendant shall have the burden of injecting the issue of retraction under Subsection
(D) of this Section.
[Ord. No. 4126 §1(75.420), 8-20-2001]
A. A person
commits the offense of making a false declaration if, with the purpose
to mislead a public servant in the performance of his/her duty, he/she:
1. Submits any written false statement which he/she does not believe
to be true:
a. In an application for any pecuniary benefit or other consideration;
or
b. On a form bearing notice, authorized by law, that false statements
made therein are punishable.
2. Submits or invites reliance on:
a. Any writing which he/she knows to be forged, altered or otherwise
lacking in authenticity; or
b. Any sample, specimen, map, boundary mark or other object which he/she
knows to be false.
3. Submits or invites reliance upon any oral or written false representation
of his/her identify.
B. The
falsity of the statement or the item must be to a fact which is material
to the purposes for which the statement is made or the item submitted.
C. It is a defense to a prosecution under Subsection
(A) of this Section that the actor retracted the false statement or item but this defense shall not apply if the retraction was made after:
1. The falsity of the statement or item was exposed; or
2. The public servant took substantial action in reliance on the statement
or item.
D. The
defendant shall have the burden of injecting the issue of retraction
under this Section.
[Ord. No. 4126 §1(75.430), 8-20-2001]
A person commits the offense of making a false bomb report if
he/she knowingly makes a false report or causes a false report to
be made to any person that a bomb or other explosive has been placed
in any public or private place or vehicle.
[Ord. No. 4126 §1(75.435), 8-20-2001]
A. A person
commits the offense of tampering with physical evidence if he/she:
1. Alters, destroys, suppresses or conceals any record, document or
thing with purpose to impair its verity, legibility or availability
in any official proceeding or investigation; or
2. Makes, presents or uses any record, document or thing knowing it
to be false with purpose to mislead a public servant who is or may
be engaged in any official proceeding or investigation.
[Ord. No. 4126 §1(75.440), 8-20-2001]
A. A person
commits the offense of tampering with a public record if with the
purpose to impair the verity, legibility or availability of a public
record:
1. He/she knowingly makes a false entry in or falsely alters any public
record; or
2. Knowing he/she lacks authority to do so, he/she destroys, suppresses
or conceals any public record.
[Ord. No. 4126 §1(75.465), 8-20-2001]
A person commits the offense of failure to return to confinement
if, while serving a sentence for any ordinance violation under a work-release
program, or while under sentence of any ordinance violation to serve
a term of confinement which is not continuous, or while serving any
other type of sentence for any ordinance violation wherein he/she
is temporarily permitted to go at large without guard, he/she purposely
fails to return to confinement when he/she is required to do so.
[Ord. No. 4126 §1(75.475), 8-20-2001]
A. A person
commits the offense of tampering with a witness if, with purpose to
induce a witness or a prospective witness in an official proceeding,
other than a felony prosecution, to disobey a subpoena or other legal
process, or to absent himself/herself or avoid subpoena or other legal
process, or to withhold evidence, information or documents, he/she:
1. Threatens or causes harm to any person or property; or
2. Uses force, threats or deception; or
3. Offers, confers or agrees to confer any benefits, direct or indirect,
upon such witness; or
4. Conveys any of the foregoing to another in furtherance of a conspiracy.
[Ord. No. 4126 §1(75.480), 8-20-2001]
A. A person
commits the offense of tampering with a victim if, with purpose to
do so, he/she prevents or dissuades or attempts to prevent or dissuade
any person who has been a victim of any crime other than a felony
or a person who is acting on behalf of any such victim from:
1. Making any report of such victimization to any Peace Officer or State,
local or Federal Law Enforcement Officer or prosecuting agency or
to any judge;
2. Causing a complaint, indictment or information to be sought and prosecuted
or assisting in the prosecution thereof;
3. Arresting or causing or seeking the arrest of any person in connection
with such victimization.
[Ord. No. 4126 §1(75.485), 8-20-2001]
A person commits the offense of obstructing government operations
if he/she purposely obstructs, impairs, hinders or prevents the performance
of a governmental function by the use or threat of violence, force
or other physical interference or obstacle.
[Ord. No. 3560 §1(75.340), 12-2-1991]
A. A person
commits the offense of "failure to appear" if he/she:
1. Fails to appear in Municipal Court when a ticket, complaint or summons
has been issued to such person notifying said person of the court
date; or
2. Fails to appear in Municipal Court on such date as the court may
set when the person has actual knowledge of the date; or
3. A person willfully fails to make installment payments ordered pursuant
to conviction or plea of guilty on the date when such payments are
due.
A. A person
commits the offense of concealing an offense if:
1. He/she confers or agrees to confer any pecuniary benefit or other
consideration to any person in consideration of that person's concealing
of any offense, refraining from initiating or aiding in the prosecution
of an offense, or withholding any evidence thereof; or
2. He/she accepts or agrees to accept any pecuniary benefit or other
consideration in consideration of his/her concealing any offense,
refraining from initiating or aiding in the prosecution of an offense,
or withholding any evidence thereof.
A. A person
commits the offense of hindering prosecution if for the purpose of
preventing the apprehension, prosecution, conviction or punishment
of another for conduct constituting a crime he/she:
1. Harbors or conceals such person;
2. Warns such person of impending discovery or apprehension, except
this does not apply to a warning given in connection with an effort
to bring another into compliance with the law;
3. Provides such person with money, transportation, weapon, disguise
or other means to aid him/her in avoiding discovery or apprehension;
or
4. Prevents or obstructs, by means of force, deception or intimidation,
anyone from performing an act that might aid in the discovery or apprehension
of such person.
A person commits the offense of refusal to identify as a witness
if, knowing he/she has witnessed any portion of a crime, or of any
other incident resulting in physical injury or substantial property
damage, upon demand by a Law Enforcement Officer engaged in the performance
of his/her official duties, he/she refuses to report or gives a false
report of his/her name and present address to such officer.
A person commits the offense of disturbing a judicial proceeding
if, with purpose to intimidate a judge, attorney, juror, party or
witness and thereby to influence a judicial proceeding, he/she disrupts
or disturbs a judicial proceeding by participating in an assembly
and calling aloud, shouting, or holding or displaying a placard or
sign containing written or printed matter concerning the conduct of
the judicial proceeding or the character of a judge, attorney, juror,
party or witness engaged in such proceeding, or calling for or demanding
any specified action or determination by such judge, attorney, juror,
party or witness in connection with such proceeding.
A person commits the offense of improper communication if he/she
communicates, directly or indirectly, with any juror, special master,
referee or arbitrator in a judicial proceeding, other than as part
of the proceedings in a case, for the purpose of influencing the official
action of such person.
A. A person
commits the offense of false impersonation if he/she:
1. Falsely represents himself/herself to be a public servant with 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.
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 a crime or offense;
2. Makes a false report to a Law Enforcement Officer that a crime or
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 actor 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.
A. A person
commits the offense of resisting or interfering with arrest, detention
or stop if, knowing that a Law Enforcement Officer is making an arrest
or attempting to lawfully detain or stop an individual or vehicle,
or the person reasonably should know that a Law Enforcement Officer
is making an arrest or attempting to lawfully detain or lawfully stop
an individual or vehicle, for the purpose of preventing the officer
from effecting the arrest, stop or detention, the person:
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 crime, infraction or ordinance
violation.
C. A person
is presumed to be fleeing a vehicle stop if that person continues
to operate a motor vehicle after that person 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 that person.
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.
A person commits the offense of escape from custody or attempted
escape from custody if, while being held in custody after arrest for
any crime or offense, he/she escapes or attempts to escape from custody.
A person commits the crime of escape or attempted escape from
confinement if, while being held in confinement after arrest for any
crime, while serving a sentence after conviction for any crime, or
while at an institutional treatment center operated by the department
of corrections as a condition of probation or parole, he/she escapes
or attempts to escape from confinement.
A. A person
commits the crime of aiding escape of a prisoner if the person:
1. Introduces into any place of confinement any deadly weapon or dangerous
instrument, or other thing adapted or designed for use in making an
escape, with the purpose of facilitating the escape of any prisoner
confined therein, or of facilitating the commission of any other crime;
or
2. Assists or attempts to assist any prisoner who is being held in custody
or confinement for the purpose of effecting the prisoner's escape
from custody or confinement.
A. A person
commits the offense of interference with legal process if, knowing
any person is authorized by law to serve process, for the purpose
of preventing such person from effecting the service of any process,
he/she interferes with or obstructs such person.
B. "Process" includes any writ, summons, subpoena, warrant
other than an arrest warrant, or other process or order of a court.
C. Interference
with legal process is an ordinance violation.