[R.O. 2009 § 225.120; Ord. No. 3321, 12-13-2016]
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.
[1]
Editor's Note: As to assault of certain other persons, see the definition of "special victim" as set out in Section 225.010 of this Chapter.
[R.O. 2009 § 225.130; Ord. No. 3321, 12-13-2016]
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 225.120, Assault, as it relates to a "special victim."
[R.O. 2009 § 225.160; Ord. No. 3321, 12-13-2016]
A. 
Definitions. As used in this Section:
DISTURBS
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.
[R.O. 2009 § 225.170; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.180; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.190; Ord. No. 3321, 12-13-2016]
A. 
Definitions. As used in this Section, the following terms mean:
COLLISION
The act of a motor vehicle coming into contact with an object or a person.
INJURES
To cause physical harm to the body of a person.
MOTOR VEHICLE
Any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks.
UNATTENDED
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.
[R.O. 2009 § 225.200; Ord. No. 2795 § I(225.342), 4-10-2008; Ord. No. 3321, 12-13-2016]
A. 
When a Law Enforcement Officer has probable cause to believe that a party, against whom a protective order has been entered and who has notice of such order entered, has committed an act of abuse in violation of such order, the officer shall arrest the offending party-respondent whether or not the violation occurred in the presence of the arresting officer. When the officer declines to make arrest pursuant to this Subsection, the officer shall make a written report of the incident completely describing the offending party, giving the victim's name, time, address, reason why no arrest was made and any other pertinent information. Any Law Enforcement Officer subsequently called to the same address within a twelve-hour period, who shall find probable cause to believe the same offender has again committed a violation as stated in this Subsection against the same or any other family or household member, shall arrest the offending party for this subsequent offense. The primary report of non-arrest in the preceding twelve-hour period may be considered as evidence of the defendant's intent in the violation for which arrest occurred. Refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under this Subsection.
B. 
When an officer makes an arrest, he/she is not required to arrest two (2) parties involved in an assault when both parties claim to have been assaulted. The arresting officer shall attempt to identify and shall arrest the party he/she believes is the primary physical aggressor. The term "primary physical aggressor" is defined as the most significant, rather than the first aggressor. The Law Enforcement Officer shall consider any or all of the following in determining the primary physical aggressor:
1. 
The intent of the law to protect victims of domestic violence from continuing abuse;
2. 
The comparative extent of injuries inflicted or serious threats creating fear of physical injury;
3. 
The history of domestic violence between the persons involved.
No Law Enforcement Officer investigating an incident of family violence shall threaten the arrest of all parties for the purpose of discouraging requests or law enforcement intervention by any party. Where complaints are received from two (2) or more opposing parties, the officer shall evaluate each complaint separately to determine whether he/she should seek a warrant for an arrest.
C. 
In an arrest in which a Law Enforcement Officer acted in good faith reliance on this Section, the arresting and assisting Law Enforcement Officers and their employing entities and superiors shall be immune from liability in any civil action alleging false arrest, false imprisonment or malicious prosecution.
D. 
When a person against whom an order of protection has been entered fails to surrender custody of minor children to the person to whom custody was awarded in an order of protection, the Law Enforcement Officer shall arrest the respondent, and shall turn the minor children over to the care and custody of the party to whom such care and custody was awarded.
E. 
The same procedures, including those designed to protect constitutional rights, shall be applied to the respondent as those applied to any individual detained in Police custody.
F. 
For the purposes of this Subsection, in addition to the notice provided by actual service of the order, a party is deemed to have notice of an order of protection if the Law Enforcement Officer responding to a call of a reported incident of abuse or violation of an order of protection presented a copy of the order of protection to the respondent.
G. 
Nothing in this Section shall be interpreted as creating a private cause of action for damages to enforce the provisions set forth herein.