[Ord. No. 5508 § 2, 11-28-2016]
In this Chapter, unless the context requires a different definition,
the following shall apply:
ACCESS (RELATIVE TO COMPUTERS)
To instruct, communicate with, store data in, retrieve or
extract data from, or otherwise make any use of any resources of,
a computer, computer system, or computer network.
AFFIRMATIVE DEFENSE
1.
The defense referred to is not submitted to the trier of fact
unless supported by the evidence; and
2.
If the defense is submitted to the trier of fact the defendant
has the burden of persuasion that the defense is more probably true
than not.
BURDEN OF INJECTING THE ISSUE
1.
The issue referred to is not submitted to the trier of fact
unless supported by evidence; and
2.
If the issue is submitted to the trier of fact any reasonable
doubt on the issue requires a finding for the defendant on that issue.
CHILD
Unless otherwise specified, as defined in Section 211.021,
RSMo.
[Ord. No. 5633, 3-25-2019]
COMMERCIAL FILM AND PHOTOGRAPHIC PRINT PROCESSOR
Any person who develops exposed photographic film into negatives,
slides or prints or who makes prints from negatives or slides for
compensation. The term "commercial film and photographic print processor"
shall include all employees of such persons but shall not include
a person who develops film or makes prints for a public agency.
COMPUTER
The box that houses the central processing unit (cpu), along
with any internal storage devices, such as internal hard drives, and
internal communication devices, such as internal modems capable of
sending or receiving electronic mail or fax cards, along with any
other hardware stored or housed internally. Thus, computer refers
to hardware, software and data contained in the main unit. Printers,
external modems attached by cable to the main unit, monitors, and
other external attachments will be referred to collectively as peripherals
and discussed individually when appropriate. When the computer and
all peripherals are referred to as a package, the term "computer system"
is used. Information refers to all the information on a computer system,
including both software applications and data.
COMPUTER EQUIPMENT
Computers, terminals, data storage devices, and all other
computer hardware associated with a computer system or network.
COMPUTER HARDWARE
All equipment which can collect, analyze, create, display,
convert, store, conceal or transmit electronic, magnetic, optical
or similar computer impulses or data. Hardware includes, but is not
limited to, any data processing devices, such as central processing
units, memory typewriters and self-contained laptop or notebook computers;
internal and peripheral storage devices, transistor-like binary devices
and other memory storage devices, such as floppy disks, removable
disks, compact disks, digital video disks, magnetic tape, hard drive,
optical disks and digital memory; local area networks, such as two
or more computers connected together to a central computer server
via cable or modem; peripheral input or output devices, such as keyboards,
printers, scanners, plotters, video display monitors and optical readers;
and related communication devices, such as modems, cables and connections,
recording equipment, RAM or ROM units, acoustic couplers, automatic
dialers, speed dialers, programmable telephone dialing or signaling
devices and electronic tone-generating devices; as well as any devices,
mechanisms or parts that can be used to restrict access to computer
hardware, such as physical keys and locks.
COMPUTER PROGRAM
A set of instructions, statements, or related data that directs
or is intended to direct a computer to perform certain functions.
COMPUTER SOFTWARE
Digital information which can be interpreted by a computer
and any of its related components to direct the way they work. Software
is stored in electronic, magnetic, optical or other digital form.
The term commonly includes programs to run operating systems and applications,
such as word processing, graphic, or spreadsheet programs, utilities,
compilers, interpreters and communications programs.
COMPUTER SYSTEM
A set of related, connected or unconnected, computer equipment,
data, or software.
COMPUTER-RELATED DOCUMENTATION
Written, recorded, printed or electronically stored material
which explains or illustrates how to configure or use computer hardware,
software or other related items.
CONFINEMENT
1.
A person is in confinement when he or she is held in a place
of confinement pursuant to arrest or order of a court and remains
in confinement until:
a.
A court orders his or her release;
b.
He or she is released on bail, bond or recognizance, personal
or otherwise; or
c.
A public servant having the legal power and duty to confine
him/her authorizes his or her release without guard and without condition
that he or she return to confinement.
2.
A person is not in confinement if:
a.
He or she is on probation or parole, temporary or otherwise;
or
b.
He or she is under sentence to serve a term of confinement which
is not continuous, or is serving a sentence under a work-release program,
and in either such case is not being held in a place of confinement
or is not being held under guard by a person having the legal power
and duty to transport him or her to or from a place of confinement.
CONSENT
Consent or lack of consent may be expressed or implied. Assent
does not constitute consent if:
1.
It is given by a person who lacks the mental capacity to authorize
the conduct charged to constitute the offense and such mental incapacity
is manifest or known to the actor;
2.
It is given by a person who by reason of youth, mental disease
or defect, or intoxication is manifestly unable or known by the actor
to be unable to make a reasonable judgment as to the nature or harmfulness
of the conduct charged to constitute the offense; or
3.
It is induced by force, duress or deception.
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I
through V as defined in Chapter 195, RSMo., including marijuana.
[Ord. No. 5818, 1-9-2023]
COURSE OF CONDUCT
A pattern of conduct composed of two (2) or more acts, which
may include communication by any means, over a period of time, however
short, evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of course of conduct.
Such constitutionally protected activity includes picketing or other
organized protests.
CRIMINAL NEGLIGENCE
Failure to be aware of a substantial and unjustifiable risk
that circumstances exist or a result will follow, and such failure
constitutes a gross deviation from the standard of care which a reasonable
person would exercise in the situation.
DAMAGE
When used in relation to a computer system or network, means
any alteration, deletion, or destruction of any part of the computer
system or network.
DANGEROUS INSTRUMENT
Any instrument, article or substance which, under the circumstances
in which it is used, is readily capable of causing death or other
serious physical injury.
DATA
A representation of information, facts, knowledge, concepts,
or instructions prepared in a formalized or other manner and intended
for use in a computer or computer network. Data may be in any form,
including, but not limited to, printouts, microfiche, magnetic storage
media, punched cards and as may be stored in the memory of a computer.
DEADLY WEAPON
Any firearm, loaded or unloaded, or any weapon from which
a shot, readily capable of producing death or serious physical injury,
may be discharged or a switchblade knife, dagger, billy club, blackjack
or metal knuckles.
DISABILITY
A mental, physical, or developmental impairment that substantially
limits one or more major life activities or the ability to provide
adequately for one's care or protection, whether the impairment is
congenital or acquired by accident, injury or disease, where such
impairment is verified by medical findings.
EMOTIONAL DISTRESS
Something markedly greater than the level of uneasiness,
nervousness, unhappiness, or the like which are commonly experienced
in day-to-day living.
INHABITABLE STRUCTURE
1.
A vehicle, vessel or structure:
a.
Where any person lives or carries on business or other calling;
or
b.
Where people assemble for purposes of business, government,
education, religion, entertainment, or public transportation; or
c.
Which is used for overnight accommodation of persons.
2.
Any such vehicle, vessel or structure is inhabitable regardless
of whether a person is actually present. If a building or structure
is divided into separately occupied units, any unit not occupied by
the actor is an inhabitable structure of another.
INTOXICATED
Under the influence of alcohol, a controlled substance, or
drug, or marijuana, or any combination thereof.
[Ord. No. 5818, 1-9-2023]
KNOWINGLY
When used with respect to:
1.
Conduct or attendant circumstances, means a person is aware
of the nature of his or her conduct or that those circumstances exist;
or
2.
A result of conduct, means a person is aware that his or her
conduct is practically certain to cause that result.
LAW ENFORCEMENT OFFICER
Any public servant having both the power and duty to make
arrests for violations of the laws of this State, and Federal Law
Enforcement Officers authorized to carry firearms and to make arrests
for violations of the laws of the United States.
MARIJUANA ACCESSORIES
Any equipment, product, material, or combination of equipment,
products, or materials, specifically designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, or ingesting, inhaling
or otherwise introducing marijuana into the human body.
[Ord. No. 5818, 1-9-2023]
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, Cannabis ruderalis, hybrids
of such species, and any other strains commonly understood within
the scientific community to constitute marijuana, as well as resin
extracted from the marijuana plant and marijuana-infused products,
but not industrial hemp as defined by Missouri Statute, or commodities
or products manufactured from industrial hemp.
[Ord. No. 5818, 1-9-2023]
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 5818, 1-9-2023]
OF ANOTHER
As to property, property that any person or entity other
than the actor has a possessory or proprietary interest therein, other
than only a security interest even if legal title is in the creditor
by contract or arrangement.
PHYSICAL INJURY
Impairment of any function of the body or loss of use of
any part of the body.
PLACE OF CONFINEMENT
Any building or facility and the grounds thereof wherein
a court is legally authorized to order that a person charged with
or convicted of an offense be held.
POSSESS or POSSESSED
Having actual or constructive possession of an object with
knowledge of its presence. A person has actual possession if he or
she has the object on his or her person or within easy reach and convenient
control. A person has constructive possession if he or she has the
power and the intention at a given time to exercise dominion or control
over the object either directly or through another person or persons.
Possession may also be sole or joint. If one (1) person alone has
possession of an object, possession is sole. If two (2) or more persons
share possession of an object, possession is joint.
PROPERTY
Anything of value, whether real or personal, tangible or
intangible, in possession or in action.
PUBLIC SERVANT
Any person employed in any way by a government of this State
who is compensated by the government by reason of his or her employment,
any person appointed to a position with any government of this State,
or any person elected to a position with any government of this State.
It includes, but is not limited to, legislators, jurors, members of
the judiciary and Law Enforcement Officers. It does not include witnesses.
PURPOSELY
When used with respect to a person's conduct or to a result
thereof, means it is his or her conscious object to engage in that
conduct or cause that result.
RECKLESSLY
Consciously disregarding a substantial and unjustifiable
risk that circumstances exist or that a result will follow, and such
disregard constitutes a gross deviation from the standard of care
which a reasonable person would exercise in the situation.
SERIOUS PHYSICAL INJURY
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
SERVICES
When used in relation to a computer system or network, means
use of a computer, computer system, or computer network and includes,
but is not limited to, computer time, data processing, and storage
or retrieval functions.
TAMPER
To interfere with improperly, meddle with, displace, make
unwanted alterations, or deprive the owner or possessor of something
temporarily.
VEHICLE
A self-propelled mechanical device designed to carry a person
or persons, excluding vessels or aircraft.
VESSEL
Any boat or craft propelled by a motor or by machinery, whether
or not such motor or machinery is a principal source of propulsion
used or capable of being used as a means of transportation on water,
or any boat or craft more than twelve (12) feet in length which is
powered by sail alone or by a combination of sail and machinery, and
used or capable of being used as a means of transportation on water,
but not any boat or craft having, as the only means of propulsion,
a paddle or oars.