As used in this Article, the following terms shall have the
meanings set forth herein:
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 intercourse, deviate sexual intercourse or 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.
Any penetration, however slight, of the female sex organ
by the male sex organ, whether or not an emission results.
[CC 1992 §220.040; R.O. 1979 §9.130]
No person in the City shall make any indecent gestures to any
person or expose his or her genitals under circumstances in which
he or she knows that his or her conduct is likely to cause affront
or alarm.
[Ord. No. 692 §1(220.045), 10-20-1993]
A.Â
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.Â
Has sexual contact in the presence of a third (3rd) person or persons
under circumstances in which he or she knows that such conduct is
likely to cause affront or alarm;
2.Â
Engages in sexual contact;
3.Â
Appears in a state of nudity;
4.Â
Fondles the breasts of a female;
5.Â
Fondles the genitals of himself/herself or another person commits the unlawful act of public indecency and is subject to punishment pursuant to Chapter 100 of the Code of Ordinances of the City of Platte City; or
6.Â
Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of a third (3rd) person.
B.Â
"Nudity" means the showing of the human male or female genitals,
pubic area, anus or anal cleft 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 discernibly turgid state.
C.Â
"Sexual contact" means 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
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 1886, 5-28-2019[1]]
A.Â
A 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 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; Section 573.200, Use Of A Child In A Sexual Performance; Section 568.090, RSMo., as it existed prior to January 1, 2017; 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 In The First Degree; Section 573.035, RSMo., Promoting Child Pornography In The Second Degree; Section 573.037, RSMo., Possession of 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 in this Section; shall not be present in or loiter within one thousand (1,000) feet of any public school as defined in Section 160.011, RSMo., any private school giving instruction in a grade or grades not higher than the twelfth grade, or any child care facility that is licensed under Chapter 210, RSMo., or any child care facility as defined in Section 210.201, RSMo., that is exempt from State licensure but subject to State regulation under Section 210.252, RSMo., and holds itself out to be a childcare facility, on real property comprising any public school, private school or child care facility 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 (B) of this Section. Such person shall also not be present in or loiter within five hundred (500) feet of the property line of the residence of a former victim of such person.
B.Â
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 (A) of this Section shall be present in any school building, or any child care facility, or on real property comprising any school or child care facility, 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.
[1]
Editor's Note: Ord. No. 1886 also changed the title of this
Section from "Certain Offenders Not To Be Present Within Five Hundred
Feet of School Property, Exception — Permission Required For
Parents or Guardians Who Are Offenders, Procedure" to "Certain Offenders
Not To Be Present Within One Thousand (1,000) Feet Of School Property,
Child Care Facility, Or Victim's Residence, Exception — Permission
Required For Parents Or Guardians Who Are Offenders, Procedure."
