A.
A person commits the offense of assault if:
1.
The person attempts to cause or recklessly causes physical injury,
physical pain or illness to another person;
2.
With criminal negligence the person causes physical injury to
another person by means of a firearm;
3.
The person purposely places another person in apprehension of
immediate physical injury;
4.
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to another person;
5.
The person knowingly causes or attempts to cause physical contact
with a person with a disability, which a reasonable person, who does
not have a disability, would consider offensive or provocative; or
6.
The person knowingly causes physical contact with another person
knowing the other person will regard the contact as offensive or provocative.
A.
A person commits the offense of domestic assault if the act involves
a domestic victim, as the term "domestic victim" is defined under
Section 565.002, RSMo., and:
1.
The person attempts to cause or recklessly causes physical injury,
physical pain, or illness to such domestic victim;
2.
With criminal negligence the person causes physical injury to
such domestic victim by means of a deadly weapon or dangerous instrument;
3.
The person purposely places such domestic victim in apprehension
of immediate physical injury by any means;
4.
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to such domestic victim;
5.
The person knowingly causes physical contact with such domestic
victim knowing he or she will regard the contact as offensive; or
6.
The person knowingly attempts to cause or causes the isolation
of such domestic victim by unreasonably and substantially restricting
or limiting his or her access to other persons, telecommunication
devices or transportation for the purpose of isolation.
B.
Domestic Violence and Abuse.
[R.O. 2003 §210.025; Ord. No. 517 §§I-II, 8-4-1994]
1.
When a Buckner Police Officer has probable cause to believe a person
has committed a violation of law amounting to abuse or assault, as
defined in Section 455.010, RSMo., against a family or household member,
the officer may arrest the offending party whether or not the violation
occurred in the presence of the arresting officer. When the officer
declines to make an arrest pursuant to this Subsection, the officer
shall make a written report of the incident completely describing
the offending person, giving the victim's name, date, time, address,
reason why no arrest was made, and any other pertinent information.
Any Buckner Police Officer subsequently called to the same address
within a twelve-hour period, who shall find probable cause to believe
the same offender has again committed a violation as stated in this
Subsection against the same or any other family or household member,
shall arrest the offending party for this subsequent offense. The
primary report of non-arrest in the preceding twelve-hour period may
be considered as evidence of the defendant's intent in the violation
for which arrest occurred. The refusal of the victim to sign an official
complaint against the violator shall not prevent an arrest under this
Section.
2.
When a Buckner Police Officer has probable cause to believe that
a person, against whom a protective order has been entered and who
has notice of such order entered, has committed an act of abuse in
violation of such order, the officer shall arrest the offending person-respondent
whether or not the violation occurred in the presence of the arresting
officer. Refusal of the victim to sign an official complaint against
the violator shall not prevent an arrest under this Section.
3.
When making an arrest, a Police Officer is not required to arrest
both parties involved in domestic violence or an assault even if both
parties claim to have been assaulted. The arresting officer shall
attempt to identify and shall arrest the party believed to be the
primary physical aggressor. The term "primary physical aggressor"
is defined as the most significant, rather than the first, aggressor.
The Police Officer shall consider any or all of the following in determining
the primary physical aggressor:
4.
When complaints are received from two (2) or more opposing parties,
the Police Officer shall evaluate each complaint separately to determine
whether to make an arrest.
5.
In any arrest when a Buckner Police Officer acted in good faith reliance
on this Section, the arresting and assisting Police Officers, their
superiors, and the Buckner Police Department shall be immune from
liability in any civil action alleging false arrest, false imprisonment
or malicious prosecution.
6.
The Buckner Police Department shall apply the same standard of response
to an alleged incident of abuse or a violation of any order of protection
as applied to any like offense involving strangers, except as otherwise
provided by law. The Buckner Police Department shall not assign lower
priority to calls involving alleged incidents of abuse or violation
of protection orders than is assigned in responding to offenses involving
strangers. Existence of any of the following factors shall be interpreted
as indicating a need for immediate response:
7.
Any person found to be violation of any of the provisions of this
Section shall be subject to a fine of up to five hundred dollars ($500.00),
or to incarceration for up to ninety (90) days, or to both such fine
and incarceration.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[1]
Editor's Note: This Section previously pertained to assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer. However, the authorizing statute, former RSMo. §565.083, was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017. See Section 210.120, Assault, as it relates to a "special victim."
A person commits the offense of harassment if he/she, without
good cause, engages in any act with the purpose to cause emotional
distress to another person.
A.
DISTURBS
Definitions. As used in this Section:
Shall mean to engage in a course of conduct directed at a
specific person that serves no legitimate purpose and that would cause
a reasonable person under the circumstances to be frightened, intimidated,
or emotionally distressed.
B.
A person commits the offense of stalking if he or she purposely,
through his or her course of conduct, disturbs, or follows with the
intent to disturb another person.
C.
This Section shall not apply to activities of Federal, State, County,
or Municipal Law Enforcement Officers conducting investigations of
any violation of Federal, State, County, or Municipal Law.
D.
Any Law Enforcement Officer may arrest, without a warrant, any person
he or she has probable cause to believe has violated the provisions
of this Section.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of kidnapping if he or she knowingly
restrains another unlawfully and without consent so as to interfere
substantially with his or her liberty.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of endangering the welfare of a child
if he/she:
1.
With criminal negligence acts in a manner that creates a substantial
risk to the life, body or health of a child less than seventeen (17)
years old; or
2.
Knowingly encourages, aids or causes a child less than seventeen (17) years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or
3.
Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years of age, recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or
4.
Knowingly encourages, aids or causes a child less than seventeen
(17) years of age to enter into any room, building or other structure
which is a public nuisance as defined in Section 579.105, RSMo.
B.
Nothing in this Section shall be construed to mean the welfare of
a child is endangered for the sole reason that he/she is being provided
non-medical remedial treatment recognized and permitted under the
laws of this State.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
COLLISION
INJURES
MOTOR VEHICLE
UNATTENDED
Definitions. As used in this Section, the following
terms mean:
The act of a motor vehicle coming into contact with an object
or a person.
To cause physical harm to the body of a person.
Any automobile, truck, truck-tractor, or any motor bus or
motor-propelled vehicle not exclusively operated or driven on fixed
rails or tracks.
Not accompanied by an individual fourteen (14) years of age
or older.
B.
A person commits the offense of leaving a child unattended in a motor
vehicle if such person knowingly leaves a child less than eleven (11)
years of age unattended in a motor vehicle and such child injures
another person by causing a motor vehicle collision or by causing
the motor vehicle to injure a pedestrian.
C.
The offense of leaving a child unattended in a motor vehicle is an
ordinance violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
