[Ord. No. 1224 §1, 4-19-2010]
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 male or female sex organ 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.
The exposure of one's genitals, buttocks, vulva, pubic hair
or the female breast below a point immediately above the top of the
areola;
The touching, caressing or fondling of the breasts, buttocks
or genitals, whether clothed or unclothed, for the purpose of sexual
arousal or gratification;
The touching, caressing or fondling of the breasts, buttocks
or genitals, whether clothed or unclothed, which is likely to cause
affront or alarm; and
Acts or representations of acts of human masturbation, sexual
intercourse or sodomy, bestiality, cunnilingus, fellatio or flagellation.
Any publicly owned place or premises or any privately owned
place or premises to which the public or a substantial number of persons
have access or where the conduct or act involved may be viewed by
people other than the members of the actor's family or household.
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, for the purpose of
arousing or gratifying sexual desire of any person.
Any penetration, however slight, of the female sex organ
by the male sex organ, whether or not an emission results.
[Ord. No. 1224 §2, 4-19-2010]
A.
A person
commits the offense of indecent exposure (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 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 affront or alarm; or
3.
Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of one (1) or more third (3rd) persons.
B.
A person
commits the offense of lewd and indecent conduct if such person behaves,
commits, acts or performs one (1) or more acts of conduct herein described
and defined as such in a public place.
C.
Violation
of this Section shall be punishable by a fine not to exceed five hundred
dollars ($500.00) for each such and separate violation.
A person commits the offense of sexual misconduct in the first
degree if such person purposely subjects another person to sexual
contact without that person's consent.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
An person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of Chapter 566, RSMo., or the provisions of Subsection (2) of Section 568.020, RSMo., Incest; Section 568.045, RSMo., Endangering The Welfare Of A Child In The 1st Degree; Subsection (2) of Section 568.080; RSMo., Use Of A Child In A Sexual Performance; Section 568.090, RSMo., Promoting A Sexual Performance By A Child; Section 573.023, RSMo., Sexual Exploitation Of A Minor; Section 573.025, RSMo., Promoting Child Pornography; or Section 573.040, RSMo., Furnishing Pornographic Material To Minors; 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.
B.
No parent, legal guardian, or custodian who has pleaded guilty or nolo contendere to, or been convicted of, or 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.
