A person commits the offense of assault if he or she knowingly
causes physical injury to another person.
A.
A person commits the offense of domestic assault if the act involves
a domestic victim, 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.
A.
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.
B.
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.
C.
Cyber-Harassment. A person commits the offense of cyber-harassment if he/she with intent to disturb any other person, and under circumstances not constituting stalking as described in Subsection (A) of this Section, transmits or causes the transmission of an electronic communication, or knowingly permits an electronic communication to be transmitted from an electronic communication device under the person's control to such other person or a third party using any lewd, lascivious, indecent or obscene words, images or language, or suggesting the commission of any lewd or lascivious act; anonymously or repeatedly whether or not conversation occurs; or threatening to inflict injury on the person or property of the person communicated with or any member of his or her family or household; makes or causes to be made an electronic communication, or permits an electronic communication to be made from an electronic communications device under the person's control, with the intent to disturb any other person either by the direct action of the person initiating the communication or through the actions of a third party, which third-party actions are instigated, initiated, prompted or brought about by the person's communication.
D.
Any offense committed under Subsection (C) may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
E.
Subsection (C) shall not apply to activities regulated by the National Labor Relations Act, as amended, the Railway Labor Act, as amended, or the Federal Employment Labor Management Act, as amended.
F.
For purposes of this Section, "electronic communication" means the
origination, emission, dissemination, transmission, or reception of
data, images, signals, sounds, or other intelligence or equivalence
of intelligence of any nature over any communications system by any
method, including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method. By way of example, electronic
communication includes, but is not limited to:
[Ord. No. 2023, 5-14-2020]
A.
Any
person who,
1.
has pleaded guilty or nolo contendere to, or been convicted of, or
been found guilty of violating any of the provisions of: (a) Chapter
566, RSMo.; (b) Section 568.020, RSMo., incest; (c) Section 568.045,
RSMo., endangering the welfare of a child in the first degree; (d)
Subsection 2 of Section 568.080, RSMo., as it existed prior to January
1, 2017, or Section 573.200, RSMo., use of a child in a sexual performance;
(e) Section 568.090, RSMo., as it existed prior to January 1, 2017,
or Section 573.205, RSMo., promoting a sexual performance by a child;
(f) Section 573.023, RSMo., sexual exploitation of a minor; (g) Section
573.025, RSMo., promoting child pornography in the first degree; (h)
Section 573.035, RSMo., promoting child pornography in the second
degree; (i) Section 573.037, RSMo., possession of child pornography;
or (j) Section 573.040, RSMo., furnishing pornographic material to
minors; and
2.
is required to register with the Chief Law Enforcement Official of
the County in which such person resides pursuant to the provisions
of Sections 589.400, et seg., RSMo.,
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shall not reside within (i) one thousand (1,000) to three thousand
(3,000) feet of any public school as defined in Section 160.011, RSMo.,
or any private school giving instruction in a grade or grades not
higher than the twelfth grade; (ii) one thousand (1,000) to two thousand
(2,000) feet of any child-care facility that is licensed under Chapter
210, RSMo., any childcare facility as defined in Section 210.201,
RSMo., that is exempt from state licensure but subject to state regulation
under Section 210.252, RSMo., and holds itself out to be a child care
facility, where the school or facility is in existence at the time
the individual begins to reside at the location; or (iii) three thousand
(3,000) feet of any public library, public park, or community pool.
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B.
If
such person has already established a residence and a public school,
a private school, a child-care facility, a public library, a public
park, or a community pool is subsequently built or placed within the
requisite distance of such person's residence, then such person shall,
within one (1) week of the opening of such public school, private
school, public library, public park, pool, or child-care facility,
notify the Chief of Police that he or she is now residing within the
prohibited distance of such public school, private school, public
library, public park, pool, or child-care facility and shall provide
verifiable proof to the Chief of Police that he or she resided there
prior to the opening of such public school, private school, public
library, public park, pool, or child-care facility.
C.
For
purposes of this Section:
1.
"Community Pool" means any pool open to the general
public or any swimming pool open to the members of a community association,
their families and their guests, and shall include, but not be limited
to subdivision pools.
2.
"Resides" means sleeps in a residence, which may
include more than one (1) location and may be mobile or transitory.
3.
The requisite distance between the relevant facility and the residence
in question shall be measured by the straight-line distance between
the nearest point on the property boundary line of the property upon
which the relevant facility is located and the nearest point on the
boundary line of the property upon which the residence is located.
D.
Any 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 Section 568.020, RSMo., incest; Section 568.045, RSMo., endangering the welfare of a child in the first degree; Subsection 2 of Section 568.080, RSMo., as it existed prior to January 1, 2017, or Section 573.200, RSMo., use of a child in a sexual performance; Section 568.090, RSMo., as it existed prior to January 1, 2017, or Section 573.205, RSMo., promoting a sexual performance by a child; Section 573.023, RSMo., sexual exploitation of a minor; Section 573.025, RSMo., promoting child pornography; Section 573.035, RSMo., promoting child pornography in the second degree; Section 573.037, RSMo., possession of 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 (E) of this Section.
E.
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 (D) 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 or she wishes to attend for which he or she has not yet had permission granted.
F.
Any
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 Section 568.020, RSMo., incest; Section
568.045, RSMo., endangering the welfare of a child in the first degree;
Subsection 2 of Section 568.080, RSMo., as it existed prior to January
1, 2017, or Section 573.200, RSMo., use of a child in a sexual performance;
Section 568.090, RSMo., as it existed prior to January 1, 2017, or
Section 573.205, RSMo., promoting a sexual performance by a child;
Section 573.023, RSMo., sexual exploitation of a minor; Section 573.025,
RSMo., promoting child pornography; Section 573.035, RSMo., promoting
child pornography in the second degree; Section 573.037, RSMo., possession
of child pornography; or Section 573.040, RSMo., furnishing pornographic
material to minors; shall not knowingly be physically present in or
loiter within five hundred (500) feet of or to approach, contact,
or communicate with any child under eighteen (18) years of age in
any child care facility building, on the real property comprising
any child care facility when persons under the age of eighteen (18)
are present in the building or on the grounds, unless the offender
is a parent, legal guardian, or custodian of a student present in
the building or on the grounds.
