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.
[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 §565.083, was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017.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 identity theft if he or she knowingly and with
the intent to deceive or defraud obtains, possesses, transfers, uses,
or attempts to obtain, transfer or use, one (1) or more means of identification
not lawfully issued for his or her use.
B.
In
addition to any penalties, the court may order that the defendant
make restitution to any victim of the offense. Restitution may include
payment for any costs, including attorney fees, incurred by the victim:
C.
Any person who commits an act made unlawful by Subsection (A) of this Section shall be liable to the person to whom the identifying information belonged for civil damages of up to five thousand dollars ($5,000.00) for each incident, or three (3) times the amount of actual damages, whichever amount is greater. A person damaged as set forth in Subsection (A) of this Section may also institute a civil action to enjoin and restrain future acts that would constitute a violation of Subsection (A) of this Section. The court, in an action brought under this Subsection, may award reasonable attorneys' fees to the plaintiff.
E.
This
Section shall not apply to the following activities:
1.
A person obtains the identity of another person to misrepresent his
or her age for the sole purpose of obtaining alcoholic beverages,
tobacco, going to a gaming establishment, or another privilege denied
to minors;
2.
A person obtains means of identification or information in the course
of a bona fide consumer or commercial transaction;
3.
A person exercises, in good faith, a security interest or right of
offset by a creditor or financial institution;
4.
A person complies, in good faith, with any warrant, court order,
levy, garnishment, attachment, or other judicial or administrative
order, decree, or directive, when any party is required to do so;
5.
A person is otherwise authorized by law to engage in the conduct
that is the subject of the prosecution.
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.
A.
A person
commits the offense of trafficking in stolen identities if he or she,
for the purpose of committing identity theft, manufactures, sells,
transfers, or possesses with intent to sell or transfer means of identification.
B.
Possession
of five (5) or more means of identification of the same person or
possession of means of identification of five (5) or more separate
persons shall be evidence that the identities are possessed with intent
to manufacture, sell, or transfer means of identification for the
purpose of committing identity theft. In determining possession of
five (5) or more means of identification of the same person, or possession
of means of identification of five (5) or more separate persons for
the purposes of evidence pursuant to this subsection, the following
do not apply:
C.
This
Section shall not apply to the following activities:
1.
A person obtains the identity of another person to misrepresent his
or her age for the sole purpose of obtaining alcoholic beverages,
tobacco, going to a gaming establishment, or another privilege denied
to minors;
2.
A person obtains means of identification or information in the course
of a bona fide consumer or commercial transaction;
3.
A person exercises, in good faith, a security interest or right of
offset by a creditor or financial institution;
4.
A person complies, in good faith, with any warrant, court order,
levy, garnishment, attachment, or other judicial or administrative
order, decree, or directive, when any party is required to do so;
5.
A person is otherwise authorized by law to engage in the conduct
that is the subject of the prosecution.
