[R.O. 1996 § 215.440]
The following words when used in
this Article shall have the meanings set out herein:
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.
HIGHWAY
Any public road or thoroughfare for vehicles, including state
roads, county roads and public streets, avenues, boulevards, parkways
or alleys in any municipality.
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.
JURY
A grand or petit jury, including any panel which has been
drawn or summoned to attend as prospective jurors.
OFFICIAL PROCEEDING
Any cause, matter, or proceeding where the laws of this state
require that evidence considered therein be under oath or affirmation.
POLICE ANIMAL
A dog, horse or other animal used in law enforcement or a
correctional facility, or by a municipal police department, fire department,
search and rescue unit or agency, whether the animal is on duty or
not on duty. The term shall include, but not be limited to, accelerant
detection dogs, bomb detection dogs, narcotic detection dogs, search
and rescue dogs and tracking animals.
PUBLIC RECORD
Any document which a public servant is required by law to
keep.
TESTIMONY
Any oral statement under oath or affirmation.
VICTIM
Any natural person against whom any crime or offense 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 offense; or
2.
Whose declaration under oath is received
as evidence for any purpose; or
3.
Who has reported any crime or offense
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.
[R.O. 1996 § 215.445; Ord. No. 836 § 16-174, 2-8-1993]
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
or offense, he/she:
1.
Harbors or conceals such person;
or
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; or
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.
[R.O. 1996 § 215.450; Ord. No. 836 § 16-175, 2-8-1993]
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; or
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.
[R.O. 1996 § 215.455; Ord. No. 836 § 16-176, 2-8-1993]
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.
[R.O. 1996 § 215.460; Ord. No. 836 § 16-177, 2-8-1993]
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.
[R.O. 1996 § 215.465; Ord. No. 836 § 16-178, 2-8-1993]
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;
or
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 or offense 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.
B. If a violation of Subsection
(A)(3) hereof is discovered prior to any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney bringing any action on the underlying charge shall notify the court thereof, and the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.
C. Any person who is the victim of a false impersonation and whose identity
has been falsely reported in arrest or conviction records may move
for expungement and correction of said records under the procedures
set forth in Section 610.123, RSMo. Upon a showing that a substantial
number of identifying factors of the victim was falsely ascribed to
the person actually arrested or convicted, the court shall order the
false-identifying factors ascribed to the person actually arrested
as are contained in the arrest and court records amended to correctly
and accurately identify the defendant and shall expunge the incorrect
and inaccurate factors from the arrest and court records.
[R.O. 1996 § 215.470; Ord. No. 836 § 16-179, 2-8-1993]
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:
1.
Arrests, stops or detentions with or without warrants;
2.
Arrests, stops or detentions for any offense, infraction or
ordinance violation; and
3.
Arrests for warrants issued by a court or a probation and parole
officer.
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.
[R.O. 1996 § 215.475; Ord. No. 836 § 16-180, 2-8-1993]
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.
[R.O. 1996 § 215.480; Ord. No. 836 § 16-181, 2-8-1993]
Any employer, or any agent who is
in charge of a business establishment, commits the offense of refusing
to make an employee available for service of process if he/she knowingly
refuses to assist any officer authorized by law to serve process who
calls at such business establishment during the working hours of an
employee for the purpose of serving process on such employee, by failing
or refusing to make such employee available for service of process.
[R.O. 1996 § 215.485]
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.
[R.O. 1996 § 215.490; Ord. No. 836 § 16-183, 2-8-1993]
A. A person commits the offense of aiding
escape of a prisoner if he or she:
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 offense; 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.
[R.O. 1996 § 215.495; Ord. No. 836 § 16-184, 2-8-1993]
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 proceedings, 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.
[R.O. 1996 § 215.505; Ord. No. 836 § 16-186, 2-8-1993]
A. A person commits the offense of deceiving
a Law Enforcement Officer if he/she shall knowingly deceive a Law
Enforcement Officer for the following purposes:
1.
To prevent discovery of any offense
or crime which has been or is being committed by any person; or
2.
To prevent or hinder investigation,
apprehension, prosecution, conviction, or punishment of any person
for conduct constituting an offense under the ordinances of the City
of Grain Valley or the laws of the State of Missouri.
B. It is a defense to a prosecution under
this Section that the actor retracted the false information or removed
the deception, but this defense shall not apply if the retraction
or removal was made after:
1.
The falsity of the information or
the deception was exposed; or
2.
Any Law Enforcement Officer took
substantial action in reliance on the false information or deception.
C. The defendant shall have the burden of injecting the issue of retraction or removal under Subsection
(B) of this Section.