[Ord. No. 932 §10.905, 11-3-1980]
The following words when used in this Article shall have the
definitions set out herein:
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.
Any branch or agency of the Government of this State or of
any political subdivision thereof.
Any official proceeding in the court, or any proceeding authorized
by or held under the supervision of a court.
A grand or petit juror, including a person who has been drawn
or summoned to attend as prospective jurors.
A grand or petit jury, including any panel which has been
drawn or summoned to attend as prospective jurors.
Any cause, matter, or proceeding where the laws of this State
require that evidence considered therein be under oath or affirmation.
Any document which a public servant is required by law to
keep.
Any oral statement under oath or affirmation.
[Ord. No. 932 §10.910, 11-3-1980]
A.
A person
commits the offense of concealing an offense if:
1.
He confers or agrees to confer any pecuniary benefit or other consideration
to any person in consideration of that persons's concealing of any
offense, refraining from initiating or aiding in the prosecution of
an offense, or withholding any evidence thereof; or
2.
He accepts or agrees to accept any pecuniary benefit or other consideration
in consideration of his concealing any offense, refraining from initiating
or aiding in the prosecution of an offense, or withholding any evidence
thereof.
[Ord. No. 932 §10.911, 11-3-1980]
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 an offense he:
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 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.
A person
commits the offense of perjury if, with the purpose to deceive, he
knowingly testifies falsely to any material fact under oath or affirmation
legally administered, in any official proceeding before the Municipal
Court for the City of Albany, any City board, agency or official or
any City Officer authorized to administer oaths.
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.
D.
It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.
[Ord. No. 932 §10.916, 11-3-1980]
A.
A person
commits the offense of making a false affidavit if, with purpose to
mislead any person, in any affidavit, swears falsely to a fact which
is material to the purpose for which said affidavit is made.
[Ord. No. 932 §10.917, 11-3-1980]
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 duty, he:
B.
The falsity of the statement or the item under Subsection (A) of this Section must be as to a fact which is material to the purposes for which the statement is made or the item submitted.
[Ord. No. 932 §10.918, 11-3-1980]
A.
No person shall be convicted of a violation of Sections 210.550, 210.560 or 210.570 based upon the making of a false statement except upon proof of the falsity of the statement by:
1.
The direct evidence of two (2) witnesses; or
2.
The direct evidence of one (1) witness together with strongly corroborating
circumstances; or
3.
Demonstrative evidence which conclusively proves the falsity of the
statement; or
5.
A judicial admission by the defendant that he made the statement
knowing it was false. An admission, which is not a judicial admission,
by the defendant that he made the statement knowing it was false may
constitute strongly corroborating circumstances.
[Ord. No. 932 §10.920, 11-3-1980]
A.
A person
commits the offense of making a false report if he knowingly:
1.
Gives false information to a Law Enforcement Officer for the purpose
of implicating another person in a crime; or
2.
Makes a false report to a Law Enforcement Officer that a crime 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.
[Ord. No. 932 §10.921, 11-3-1980]
A person commits the offense of making a false bomb report if
he 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. 932 §10.925, 11-3-1980]
A.
A person
commits the offense of tampering with physical evidence if he:
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. 932 §10.926, 11-3-1980]
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:
[Ord. No. 932 §10.927, 11-3-1980]
A.
A person
commits the offense of false impersonation if he:
1.
Falsely represents himself to be a public servant with purpose to
induce another to submit to his pretended official authority or to
rely upon his pretended official acts, and
2.
Falsely represents himself to be a person licensed to practice or
engage in any profession for which a license is required by the laws
of this City with purpose to include another to rely upon such representation,
and
[Ord. No. 932 §10.928, 11-3-1980]
[Ord. No. 932 §10.930, 11-3-1980]
A.
A person
commits the offense of resisting or interfering with arrest if, knowing
that a Law Enforcement Officer is making an arrest, for the purpose
of preventing the officer from effecting the arrest, he:
B.
This
Section applies to arrests with or without warrants and to arrests
for any crime or ordinance violation.
[Ord. No. 932 §10.1240, 11-3-1980]
It shall be unlawful for any person, within this City, to fail
or refuse to obey any reasonable order or direction of any Police
Officer of the City while in the exercise of his duty.
[Ord. No. 932 §10.931, 11-3-1980]
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 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.
[Ord. No. 932 §10.932, 11-3-1980]
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 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 service process
on such employee, by failing or refusing to make such employee available
for service of process.
[Ord. No. 932 §10.933, 11-3-1980]
A Law Enforcement Officer commits the offense of failure to
execute an arrest warrant if, with the purpose of allowing any person
charged with or convicted of a crime to escape, he fails to execute
any arrest warrant, capias, or other lawful process ordering apprehension
or confinement of such person, which he is authorized and required
by law to execute.
[Ord. No. 932 §10.935, 11-3-1980]
A person commits the offense of refusal to identify as a witness
if, knowing he 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 official duties, he refuses to report or give a false report
of his name and present address to such officer.
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, he escapes or attempts to escape from custody.
A person commits the offense of escape or attempted escape from
confinement if, while being held in confinement after arrest for any
crime, or while serving a sentence after conviction for any crime,
he escapes or attempts to escape from confinement.
[Ord. No. 932 §10.947, 11-3-1980]
A.
A person
commits the offense of failure to return to confinement if, while
serving a sentence for any crime under a work release program, or
while under sentence of any crime to serve a term of confinement which
is not continuous, or while serving any other type of sentence for
any crime wherein he is temporarily permitted to go at large without
guard, he purposely fails to return to confinement when he is required
to do so.
B.
This
Section does not apply to persons who are free on bond, bail or recognizance,
personal or otherwise, nor to persons who are on probation or parole,
temporary or otherwise.
[Ord. No. 932 §10.948, 11-3-1980]
A person commits the offense of aiding escape of a prisoner
if he assists or attempts to assist any prisoner who is being held
in custody for the purpose of effecting the prisoner's escape from
custody.
[Ord. No. 932 §10.950, 11-3-1980]
A person commits the offense of disturbing a judicial proceeding
if, with purpose to intimidate the judge, attorney, juror, party or
witness, and thereby to influence a judicial proceeding, he 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.
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
to disobey a subpoena or other legal process, or to absent himself
or avoid subpoena or other legal process, or to withhold evidence,
information or documents, or to testify falsely, he:
B.
A person
commits the offense of "victim tampering" if, with
purpose to do so, he prevents or dissuades or attempts to prevent
or dissuade any person who has been a victim of any crime 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. 932 §10.955, 11-3-1980]
A person commits the offense of acceding to corruption if he
is a witness or prospective witness in any official proceeding and
knowingly solicits, accepts, or agrees to accept any benefit, direct
or indirect, on the representation or understanding that he will disobey
a subpoena or other legal process, or absent himself or avoid subpoena
or other legal process, or withhold evidence, information or documents,
or testify falsely.
[Ord. No. 932 §10.960, 11-3-1980]
A person commits the offense of improper communication if he
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.
[Ord. No. 932 §10.965, 11-3-1980]
A.
A person
commits the offense of misconduct by a juror if, being a juror, he
knowingly:
1.
Promises or agrees, prior to the submission of a cause to the jury
for deliberation, to vote for or agree to a verdict for or against
any party in a judicial proceeding; or
2.
Receives any paper, evidence or information from anyone in relation
to any judicial proceeding for the trial of which he has been or may
be sworn, without the authority of the Court or officer before whom
such proceeding is pending, and does not immediately disclose the
same to such court or officer.
[Ord. No. 932 §10.970, 11-3-1980]
A public servant authorized by law to select or summon any juror
commits the offense of misconduct in selecting or summoning a juror
if he knowingly acts unfairly, improperly or not impartially in selecting
or summoning any person or persons to be a member or members of a
jury.
[Ord. No. 932 §10.975, 11-3-1980]
A.
A public
servant, in his public capacity or under color of his office or employment,
commits the offense of misconduct in administration of justice if:
1.
He is charged with the custody of any person accused or convicted
of any crime or Municipal ordinance violation and he coerces, threatens,
abuses or strikes such person for the purpose of securing a confession
from him;
2.
He knowingly seizes or levies upon any property or dispossesses anyone
of any lands or tenements without due and legal process, or other
lawful authority;
3.
He is a judge and knowingly accepts a plea of guilty from any person
charged with a violation of a Statute or ordinance at any place other
than at the place provided by law for holding court by such judge;
4.
He is a jailer or keeper of a County Jail and knowingly refuses to
receive, in the jail under his charge, any person lawfully committed
to such jail on any criminal charge or criminal conviction by any
court of this State, or on any warrant and commitment or capias on
any criminal charge issued by any court of this State;
5.
He is a Law Enforcement Officer and violates the provisions of Section
544.170, RSMo., by knowingly:
a.
Refusing to release any person in custody who is entitled to such
release; or
b.
Refusing to permit any person in custody to see and consult with
counsel or other persons; or
c.
Transferring any person in custody to the custody or control of another,
or to another place, for the purpose of avoiding the provisions of
that Section; or
d.
Preferring against any person in custody a false charge for the purpose
of avoiding the provisions of that Section.
