[Ord. No. 2741, 2-7-2023]
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 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.
Any school other than a public school giving instruction
in a grade or grades not higher than twelfth (12th) grade.
A public school as defined in Section 160.011, RSMo., as
amended.
Sleeps in a residence, which may include more than one (1)
location and may be mobile or transitory, but shall not include transitory
or longer term presence in facilities licensed under Chapters 197
and 198, RSMo., as amended, for purposes of receiving care, treatment,
or services from such licensed facility.
A public and/or private school.
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, 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.
Any penetration, however slight, of the female genitalia
by the penis.
[Ord. No. 2741, 2-7-2023]
A.
A person
commits the offense of sexual misconduct if such person:
1.
Exposes his/her genitals under circumstances in which he/she knows
that his/her conduct is likely to cause an affront or alarm;
2.
Has sexual contact in the presence of a third (3rd) person or persons
under circumstances in which he/she knows that such conduct is likely
to cause an affront or alarm; or
3.
Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of a third (3rd) person.
[1]
Editor's Note: Former Section 210.480, Sexual Misconduct —
First Degree, was repealed 2-7-2023 by Ord. No. 2741.
[Ord. No. 2741, 2-7-2023]
A.
Any
person who has pleaded guilty of:
1.
Violating any of the provisions of Chapter 566, RSMo., 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, or Section 573.200, RSMo.,
use of a child in a sexual performance; Section 568.090, RSMo., as
it existed prior to January 1, 2017, or 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
2.
Any offense in any other jurisdiction which, if committed in this
State, would be a violation listed in this Section;
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shall not knowingly be physically present in or loiter within
five hundred (500) feet of or to approach, contact or communicate
with any child under eighteen (18) years of age in any child care
facility building, on the real property comprising any child care
facility when persons under the age of eighteen (18) are present in
the building or on the grounds, unless the offender is a parent, legal
guardian, or custodian of a student present in the building or on
the grounds.
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B.
For
purposes of this Section, "child care facility" shall include any
child care facility licensed under Chapter 210, RSMo., or any child
care facility that is exempt from State licensure but subject to State
regulation under Section 210.252, RSMo., and holds itself out to be
a child care facility.
C.
Any
person who violates the provisions of this Section is guilty of an
ordinance violation.
[Ord. No. 2741, 2-7-2023]
A.
Any
person who has been found guilty of:
1.
Violating any of the provisions of Chapter 566, RSMo.; 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, or Section 573.200, RSMo.,
use of a child in a sexual performance; Section 568.090, RSMo., as
it existed prior to January 1, 217, or Section 573. 205, RSMo., promoting
a sexual performance by a child; Section 573.023, RSMo., sexual exploitation
of a minor; Section 573.037, RSMo., possession of child pornography;
Section 573.025, RSMo., promoting child pornography; or Section 573.040,
RSMo., furnishing pornographic material to minors; or
2.
Any offense in any other jurisdiction which, if committed in this
State, would be a violation listed in this Section;
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shall not be present in or loiter within five hundred (500) feet of any school building, on real property comprising any school, 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.
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B.
No parent, legal guardian or custodian who has been found guilty of violating any of the offenses listed in Subsection (A) of this Section shall be present in any school building, on real property comprising any school, 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.
C.
Regardless
of the person's knowledge of his or her proximity to school property
or a school-related activity, violation of the provisions of this
Section shall be an ordinance violation.
[Ord. No. 1729 §I, 11-20-2007; Ord.
No. 2741, 2-7-2023]
A.
Any
person who, since July 1, 1979, has been or hereafter has been found
guilty of:
1.
Violating any of the provisions of Chapter 566, RSMo., 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, or Section 573.200, RSMo.,
use of a child in a sexual performance; Section 568.090, RSMo., as
it existed prior to January 1, 2017, or 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
2.
Any offense in any other jurisdiction which, if committed in this
State, would be a violation listed in this Section;
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shall not reside within one thousand (1,000) feet of any public
school, any private school, 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 child care facility, where the school or facility is in
existence at the time the individual begins to reside at the location.
Such person shall also not reside within one thousand (1,000) feet
of the property line of the residence of a former victim of such person.
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B.
If
such person has already established a residence and a public school,
a private school, or child care facility is subsequently built or
placed within one thousand (1,000) feet of such person's residence,
or a former victim subsequently resides on property with a property
line within one thousand (1,000) feet of such person's residence,
then such person shall, within one (1) week of the opening of such
public school, private school, or child care facility, or the former
victim residing on the property, notify the County Sheriff where such
public school, private school, child care facility, or residence of
a former victim is located that he or she is now residing within one
thousand (1,000) feet of such public school, private school, child
care facility, or property line of the residence of a former victim,
and shall provide verifiable proof to the Sheriff that he or she resided
there prior to the opening of such public school, private school,
or child care facility, or the former victim residing on the property.
C.
For
the purposes of the Section, one thousand (1,000) feet shall be measured
from the edge of the offender's property nearest the public school,
private school, child care facility, or former victim to the nearest
edge of the public school, private school, child care facility, or
former victim's property.
D.
Any
person who violates the provisions of this Section is guilty of an
ordinance violation.
A.
Any
person required to register as a sexual offender under Sections 589.400
to 589.425, RSMo., shall be required on October thirty-first (31st)
of each year to:
1.
Avoid all Halloween-related contact with children;
2.
Remain inside his or her residence between the hours of 5:00 P.M.
and 10:30 P.M. unless required to be elsewhere for just cause including,
but not limited to, employment or medical emergencies;
3.
Post a sign at his or her residence stating, "No candy or treats
at this residence"; and
4.
Leave all outside residential lighting off during the evening hours
after 5:00 P.M.
