[R.O. 2009 § 225.300; Ord. No. 3321, 12-13-2016]
A. A person commits the offense of concealing
an offense if he or 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.
[R.O. 2009 § 225.310; Ord. No. 3321, 12-13-2016]
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 or 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.
[R.O. 2009 § 225.320; Ord. No. 3321, 12-13-2016]
A person commits the offense of refusal
to identify as a witness if, knowing he or she has witnessed any portion
of an offense, or of any other incident resulting in physical injury
or substantial property damage, he or she refuses to report or gives
a false report of his or her name and present address to a Law Enforcement
Officer engaged in the performance of his or her duties.
[R.O. 2009 § 225.330; Ord. No. 3321, 12-13-2016]
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 or 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.
[R.O. 2009 § 225.340; Ord. No. 3321, 12-13-2016]
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 or herself, avoid subpoena or other legal process,
withhold evidence, information, or documents, or testify falsely,
he or 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 or she purposely prevents or dissuades
or attempts to prevent or dissuade any person who has been a victim
of any crime 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.
[R.O. 2009 § 225.350; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.355; R.O. 2007
§ 225.130; Ord. No. 763 § 2(j), 1-17-1980; Ord. No. 3321, 12-13-2016]
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.
Knowing he/she lacks authority to
do so, he/she destroys, suppresses or conceals any public record.
[R.O. 2009 § 225.360; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.370; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.380; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.390; Ord. No. 3321, 12-13-2016]
A. A person commits the offense of resisting
or interfering with arrest, detention, or stop if he or 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 or 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 or she continues to operate a motor vehicle after he or
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 or 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.
[R.O. 2009 § 225.400; Ord. No. 3321, 12-13-2016]
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, he/she escapes or attempts
to escape from custody.
[R.O. 2009 § 225.410; Ord. No. 3321, 12-13-2016]
A. A person commits the offense of interference
with legal process if, knowing another person is authorized by law
to serve process, he or 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. 2009 § 225.410; R.O. 2007
§ 225.060; Ord. No. 763 § 2(c), 1-17-1980; Ord. No. 3321, 12-13-2016]
A. A person commits the offense of perjury
if, with the purpose to deceive, he/she knowingly testifies falsely
to any material fact upon oath or affirmation legally administered
in any official proceeding before any court, public body, notary public
or other officer authorized to administer oath.
B. A fact is material, regardless of its admissibility
under rules of evidence, if it could substantially affect or did substantially
affect the course or outcome of the cause, matter or proceeding.
C. Knowledge of the materiality of the statement
is not an element of this offense and it is no defense that:
1.
The person mistakenly believed the
fact to be immaterial; or
2.
The person was not competent, for
reasons other than mental disability or immaturity, to make the statement.
D. It is a defense to a prosecution under Subsection
(A) of this Section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he/she did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including, but not limited to, statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.
E. The defendant shall have the burden of injecting the issue of retraction under Subsection
(D) of this Section.
[R.O. 2009 § 225.420; R.O. 2007
§ 225.070; Ord. No. 763 § 2(d), 1-17-1980; Ord. No. 3321, 12-13-2016]
A. A person commits the offense of making
a false affidavit if, with purpose to mislead any person, he/she in
any affidavit swears falsely to a fact which is material to the purpose
for which said affidavit is made.
B. The provisions of Subsections
(B) and
(C) of Section
225.415 shall apply to prosecutions under Subsection
(A) of this Section.
C. It is a defense to a prosecution under Subsection
(A) of this Section that the person retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
1.
Falsity of the statement was exposed;
or
2.
Any person took substantial action
in reliance on the statement.
D. The defendant shall have the burden of injecting the issue of retraction under Subsection
(C) of this Section.
[R.O. 2009 § 225.425; R.O. 2007
§ 225.080; Ord. No. 763 § 2(e), 1-17-1980; Ord. No. 3321, 12-13-2016]
A. A person commits the offense of making
a false declaration if with the purpose to mislead a public servant
in the performance of his/her duty, such person:
1.
Submits any written false statement
which he/she does not believe to be true:
a.
In an application for any pecuniary
benefit or other consideration;
b.
On a form bearing notice authorized
by law that false statements made therein are punishable.
2.
Submits or invites reliance on:
a.
Any writing which he/she knows to
be forged, altered or otherwise lacking in authenticity; or
b.
Any sample, specimen, map, boundary
mark or other object which he/she knows to be false.
B. The falsity of the statement or the item under Subsection
(A) of this Section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of Subsections
(B) and
(C) of Section
225.415 shall apply to prosecutions under Subsection
(A) of this Section.
C. It is a defense to a prosecution under Subsection
(A) of this Section that the person retracted the false statement or item but this defense shall not apply if the retraction was made after:
1.
The falsity of the statement or item
was exposed; or
2.
The public servant took substantial
action in reliance on the statement or item.
D. The defendant shall have the burden of injecting the issue of retraction under Subsection
(C) of this Section.
E. For the purpose of this Section, "written"
shall include filings submitted in an electronic or other format or
medium approved or prescribed by the Secretary of State.
[R.O. 2009 § 225.430; R.O. 2007
§ 225.090; Ord. No. 763 § 2(f), 1-17-1980; Ord. No. 3321, 12-13-2016]
A. No person shall be convicted of a violation
of perjury, false affidavit or false declaration based upon the making
of a false statement except upon proof of the falsity of the statement
by:
1.
The direct evidence of two (2) witnesses;
2.
The direct evidence of one (1) witness
together with strongly corroborating circumstances;
3.
Demonstrative evidence which conclusively
proves the falsity of the statements; or
4.
A directly contradictory statement
by the defendant under oath together with:
a.
The direct evidence of one (1) witness;
or
b.
Strongly corroborating circumstances;
5.
A judicial admission by the defendant
that he/she made the statement knowing it was false. An admission,
which is not a judicial admission, by the defendant that he or she
made the statement knowing it was false may constitute strongly corroborating
circumstances.
[R.O. 2009 § 225.435; R.O. 2007
§ 225.670; Ord. No. 2011, 9-9-1999; Ord. No. 2189, 2-8-2001; Ord. No.
3321, 12-13-2016]
A. The term "officer of the City," as used
in this Section, shall include all persons appointed or elected to
office under the government of the City, including, but not limited
to, the City Administrator, department and division heads, City Clerk,
City License Officer, City Collector, inspectors enforcing specific
provisions of this Code or other ordinances and the members of the
Police Department.
B. No person shall:
1.
Resist or obstruct a City officer
making an arrest or serving any legal writ, warrant or process or
executing or attempting to execute any other duty imposed upon him/her
by law.
3.
Enter a crime scene which is established
by a physical barrier, verbal directions from a City Officer, or signage.
4.
Engage in conduct which a person
knows or should know would prevent an officer from completing an investigation
or performing any other lawful duty.
5.
Refuse to comply with a lawful order
of an officer when a person knows or should know such refusal prevents
the officer from completing an investigation or performing any other
lawful duty.
6.
Inciting disobedience to lawful orders
of such officer by any other person or persons;
7.
Tampering with any apparatus of the
City being used by or in the custody of such officer; and
8.
Physically holding, forcibly detaining
or willfully obstructing any officer engaged in the performance of
his/her duties.
[R.O. 2009 § 225.440; Ord. No. 3321, 12-13-2016]
No person shall willfully taunt,
torment, tease, beat, strike, endanger, administer any desensitizing
drugs, chemicals or substances to, torture, mutilate, injure, disable,
poison or kill any dog used by a Law Enforcement Officer or dog handler
working on behalf of a law enforcement agency when such dog is performing
functions or duties for such officer or handler or when such dog is
placed in a kennel, stable or other on- or off-duty location; nor
shall any person obstruct, attempt to control or possess or otherwise
interfere or meddle with any such dog used by a Law Enforcement Officer
or any such handler thereof while in the performance of functions
for the officer or handler, or while the dog is in a kennel, stable
or other on- or off-duty location. This shall not apply to law enforcement
training activities and exercises involving such dog and the officer
or handler, or to kenneling, boarding care or veterinary treatment
given to or performed upon such dog authorized by a Law Enforcement
Officer or by the owner or handler of the dog. Also, a Law Enforcement
Officer who is the handler, owner or master of such a dog, or a veterinarian,
may perform euthanasia on the dog in emergency situations when delay
would cause the dog undue suffering or pain.
[R.O. 2009 § 225.445; R.O. 2007
§ 225.170; Ord. No. 763 § 2(n), 1-17-1980; Ord. No. 3321, 12-13-2016]
Any employer or 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.
[R.O. 2009 § 225.450; R.O. 2007
§ 225.220; Ord. No. 763 § 2(u), 1-17-1980; Ord. No. 2882 § I, 9-10-2009; Ord. No. 3321, 12-13-2016]
A. A public servant, in his/her public capacity
or under color of his/her office or employment, commits the offense
of misconduct in administration of justice if he or she:
1.
Is charged with the custody of any
person accused or convicted of any offense or municipal ordinance
violation and he/she coerces, threatens, abuses or strikes such person
for the purpose of securing a confession from him/her;
2.
Knowingly seizes or levies upon any
property or dispossesses any one of any lands or tenements without
due and legal process or other lawful authority;
3.
Is a judge and knowingly accepts a plea of guilty from any person
charged with a violation of a statute or ordinance at any place other
than at the place provided by law for holding court by such judge;
4.
Is a jailer or keeper of a county jail and knowingly refuses
to receive, in the jail under his or her charge, any person lawfully
committed to such jail on any criminal charge or criminal conviction
by any court of this State, or on any warrant and commitment or capias
on any criminal charge issued by any court of this State;
5.
Is a Law Enforcement Officer and
violates the provisions of Section 544.170, RSMo., by knowingly:
a.
Refusing to release any person in
custody who is entitled to such release;
b.
Refusing to permit a person in custody to see and consult with
counsel or other persons; or
c.
Transferring any person in custody
to the custody or control of another or to another place for the purpose
of avoiding the provisions of that Section; or
d.
Proferring against any person in
custody a false charge for the purpose of avoiding the provisions
of that Section.
[R.O. 2009 § 225.455; R.O. 2007
§ 225.660; Ord. No. 1745, 3-12-1998; Ord. No. 3321, 12-13-2016]
A. In addition to the forfeiture of any security which was given or pledged for a person's release, any person who willfully fails to appear before the Bolivar Municipal Court after having received a citation, summons or other instrument directing said person to appear at a date and time certain or who has been ordered by the court to appear at a date and time certain shall be guilty of the ordinance violation of failure to appear in court punishable under Subsection
(B) of this Section.
B. A person committing the offense of failure
to appear in court shall receive a sentence not to exceed the maximum
fine or maximum period of imprisonment which could be imposed for
the offense for which the accused was cited, summoned or arrested.
C. Nothing in this Section shall prevent the
exercise by the Municipal Court of its power to punish for contempt
or issue warrants.
D. No additional charge shall be issued for the failure to appear for
a minor traffic violation.
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 or her duties is an ordinance
violation.