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City of Marceline, MO
Linn County
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Table of Contents
Table of Contents
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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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.
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.
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 offense 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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[R.O. 2003 § 210.105; Ord. No. 7.001 § 7.595, 6-18-1985]
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. 
Knowingly he/she lacks authority to do so, he/she destroys, suppresses or conceals any public record.
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.
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.
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.
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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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 or violation of probation or parole, he/she escapes or attempts to escape from custody.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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.
[R.O. 2003 § 210.115; Ord. No. 7.001 § 7.615, 6-18-1985]
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/she 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 serving process on such employee, by failing or refusing to make such employee available for service of process.
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. 2003 § 210.145; Ord. No. 7.001 § 7.645, 6-18-1985]
A. 
A public servant, in his/her public capacity or under color of his/her office or employment, commits the offense of official misconduct if he/she:
1. 
Knowingly discriminates against any employee or any applicant for employment on account of race, creed, color, sex or national origin, provided such employee or applicant possesses adequate training and educational qualifications;
2. 
Knowingly demands or receives any fee or reward for the execution of any official act or the performance of a duty imposed by law or by the terms of his/her employment, that is not due, or that is more than is due, or before it is due;
3. 
Knowingly collects taxes when none are due, or exacts or demands more than is due;
4. 
Is a City Treasurer, City Clerk, or other Municipal Officer, and knowingly orders the payment of any money, or draws any warrant, or pays over any money for any purpose other than the specific purpose for which the same was assessed, levied and collected, unless it is or shall have become impossible to use such money for that specific purpose;
5. 
Is an officer or employee of any court and knowingly charges, collects or receives less fee for his/her services than is provided by law;
6. 
Is an officer or employee of any court and knowingly, directly or indirectly, buys, purchases or trades for any fee taxed or to be taxed as costs in any court of this State, or any County warrant, at less than par value which may be by law due or to become due to any person by or through any such court; or
7. 
Is a County officer, deputy or employee and knowingly traffics for or purchases at less than the par value or speculates in any County warrant issued by order of the County commission of his/her County, or in any claim or demand held against such County.
[R.O. 2003 § 210.150; Ord. No. 7.001 § 7.650, 6-18-1985]
A. 
A public servant commits the offense of misuse of official information if, in contemplation of official action by himself/herself or by a governmental unit with which he/she is associated, or in reliance on information to which he/she has access in his/her official capacity and which has not been made public, he/she knowingly:
1. 
Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or
2. 
Speculates or wagers on the basis of such information or official action; or
3. 
Aids, advises or encourages another to do any of the foregoing with purpose of conferring a pecuniary benefit on any person.
B. 
A person commits the offense of misuse of official information if he/she recklessly obtains or discloses information from the Missouri uniform law enforcement system (MULES) or the National Crime Information Center System (NCIC), or any other criminal justice information sharing system that contains individually identifiable information for private or personal use, or for a purpose other than in connection with their official duties and performance of their job.