[R.O. 1996 § 210.300; Ord. No. 826, 11-10-2016]
A. A person commits the offense of concealing
an offense if he/she:
1.
Confers or agrees to confer any pecuniary
benefit or other consideration to any person in consideration of that
person's concealing of any offense, refraining from initiating or
aiding in the prosecution of an offense, or withholding any evidence
thereof; or
2.
Accepts or agrees to accept any pecuniary
benefit or other consideration in consideration of his/her concealing
any offense, refraining from initiating or aiding in the prosecution
of an offense, or withholding any evidence thereof.
[R.O. 1996 § 210.310; Ord. No. 826, 11-10-2016]
A. A person commits the offense of hindering
prosecution if, for the purpose of preventing the apprehension, prosecution,
conviction or punishment of another person for conduct constituting
an 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 § 210.320; Ord. No. 826, 11-10-2016]
A person commits the offense of refusal
to identify as a witness if, knowing he/she has witnessed any portion
of an offense, or of any other incident resulting in physical injury
or substantial property damage, he/she refuses to report or gives
a false report of his/her name and present address to a Law Enforcement
Officer engaged in the performance of his/her duties.
[R.O. 1996 § 210.330; Ord. No. 826, 11-10-2016]
A person commits the offense of disturbing
a judicial proceeding if, with the purpose to intimidate a judge,
attorney, juror, party or witness and thereby 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 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.
[R.O. 1996 § 210.340; Ord. No. 826, 11-10-2016]
A. A person commits the offense of tampering
with a witness or victim if:
1.
With the purpose to induce a witness
or a prospective witness to disobey a subpoena or other legal process,
absent himself/herself, avoid subpoena or other legal process, withhold
evidence, information, or documents, or testify falsely, he/she:
a.
Threatens or causes harm to any person
or property; or
b.
Uses force, threats or deception;
or
c.
Offers, confers or agrees to confer
any benefit, direct or indirect, upon such witness; or
d.
Conveys any of the foregoing to another
in furtherance of a conspiracy; or
2.
He/she purposely 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:
a.
Making any report of such victimization
to any peace officer, State, Local or Federal Law Enforcement Officer,
prosecuting agency, or judge;
b.
Causing a complaint, indictment or
information to be sought and prosecuted or assisting in the prosecution
thereof;
c.
Arresting or causing or seeking the
arrest of any person in connection with such victimization.
[R.O. 1996 § 210.350; Ord. No. 826, 11-10-2016]
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 the 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 the purpose to mislead
a public servant who is or may be engaged in any official proceeding
or investigation.
[R.O. 1996 § 210.360; Ord. No. 826, 11-10-2016]
A person commits the offense of improper
communication if he/she 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.
[R.O. 1996 § 210.370; Ord. No. 826, 11-10-2016]
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 § 210.380; Ord. No. 826, 11-10-2016]
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 § 210.390; Ord. No. 826, 11-10-2016]
A. A person commits the offense of resisting
or interfering with arrest, detention, or stop if he/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/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/she continues to operate a motor vehicle after he/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/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 § 210.400; Ord. No. 826, 11-10-2016]
A person commits the offense of escape
from custody or attempted escape from custody if, while being held
in custody after arrest for any offense, he/she escapes or attempts
to escape from custody.
[R.O. 1996 § 210.410; Ord. No. 826, 11-10-2016]
A. A person commits the offense of interference
with legal process if, knowing another person is authorized by law
to serve process, he/she interferes with or obstructs such person
for the purpose of preventing such person from effecting the service
of any process.
B. "Process" includes any writ, summons, subpoena,
warrant other than an arrest warrant, or other process or order of
a court.
A. It
shall be the duty of the operator or driver of any vehicle or any
other conveyance regardless of means of propulsion, or the rider of
any animal traveling on the highways of this City to stop on signal
of any Law Enforcement Officer or Firefighter and to obey any other
reasonable signal or direction of such Law Enforcement Officer or
Firefighter given in directing the movement of traffic on the highways
or enforcing any offense or infraction.
B. The
offense of willfully failing or refusing to obey such signals or directions
or willfully resisting or opposing a Law Enforcement Officer or a
Firefighter in the proper discharge of his/her duties is an ordinance
violation.
[R.O. 1996 § 210.420; Ord. No. 826, 11-10-2016]
A. A person commits the offense of making
a false affidavit if, with purpose to mislead any person, he/she,
in any affidavit, swears falsely to a fact which is material to the
purpose for which said affidavit is made.
B. The provisions of Subsections (2) and (3) of Section 575.040, RSMo., shall apply to prosecutions under Subsection
(A) of this Section.
C. It is a defense to a prosecution under Subsection
(A) of this Section that the person retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
1.
The falsity of the statement was
exposed; or
2.
Any person took substantial action
in reliance on the statement.
D. The defendant shall have the burden of injecting the issue of retraction under Subsection
(C) of this Section.
E. The offense of making a false affidavit
is a class C misdemeanor, unless done for the purpose of misleading
a public servant in the performance of his/her duty, in which case
it is a class A misdemeanor.
[R.O. 1996 § 210.425; Ord. No. 826, 11-10-2016]
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 § 210.430; Ord. No. 826, 11-10-2016]
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:
1.
He/she knowingly makes a false entry
in or falsely alters any public record; or
2.
Knowing he/she lacks authority to
do so, he/she destroys, suppresses or conceals any public record.
[R.O. 1996 § 210.435; Ord. No. 826, 11-10-2016]
A. A person commits the offense of simulating
legal process if, with purpose to mislead the recipient and cause
him/her to take action in reliance thereon, he/she delivers or causes
to be delivered:
1.
A request for the payment of money
on behalf of any creditor that in form and substance simulates any
legal process issued by any court of this State; or
2.
Any purported summons, subpoena or
other legal process knowing that the process was not issued or authorized
by any court.
B. This Section shall not apply to a subpoena
properly issued by a notary public.
[R.O. 1996 § 210.440; Ord. No. 826, 11-10-2016]
A person commits the offense of failing
to comply with an order of a Police Officer if he/she shall refuse
or fail to comply with any lawful order, reasonable request or direction
of a Police Officer of the City of Gerald.
[R.O. 1996 § 210.445; Ord. No. 826, 11-10-2016]
A. A person commits the offense of failure
to return to confinement if, while serving a sentence for any offense
under a work-release program, or while under sentence of any offense
to serve a term of confinement which is not continuous, or while serving
any other type of sentence for any offense wherein he/she is temporarily
permitted to go at large without guard, he/she purposely fails to
return to confinement when he/she 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.
[R.O. 1996 § 210.450; Ord. No. 826, 11-10-2016]
A. A person commits the offense of aiding
escape of a prisoner if he/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 § 210.455; Ord. No. 826, 11-10-2016]
A person commits the offense of obstructing
government operations if he/she purposely obstructs, impairs, hinders
or perverts the performance of a governmental function by the use
or threat of violence, force or other physical interference or obstacle.