[CC 1970 §17-19.1; Ord. No. 5671 §1, 1-8-2002]
In this Chapter, unless the context requires a different definition, the following shall apply:
Has the meaning specified in Section 556.056, RSMo.
Has the meaning specified in Section 556.051, RSMo.
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.
A person is in confinement when he/she is held in a place of confinement pursuant to arrest or order of a court and remains in confinement until:
A person is not in confinement if:
He/she is on probation or parole, temporary or otherwise; or
He/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/her to or from a place of confinement.
Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:
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;
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
It is induced by force, duress or deception.
A drug, substance, or immediate precursor in schedule I through V as defined in Chapter 195, RSMo.
[Ord. No. 6466 § 1, 1-10-2017]
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.
[Ord. No. 6466 § 1, 1-10-2017]
A person acts with criminal negligence when he/she fails 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 such a situation.
A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.
The felonies of arson in the first degree, assault in the first degree, attempted forcible rape if physical injury results, attempted forcible sodomy if physical injury results, forcible rape, forcible sodomy, kidnapping, murder in the second degree, assault of a Law Enforcement Officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, statutory rape in the first degree when the victim is a child less than twelve (12) years of age at the time of the commission of the act giving rise to the offense, statutory sodomy in the first degree when the victim is a child less than twelve (12) years of age at the time of the commission of the act giving rise to the offense, and abuse of a child pursuant to Subdivision (2) of Subsection (3) of Section 568.060, RSMo., and child kidnapping.
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.
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, blackjack or metal knuckles.
A mental, physical, or developmental impairment that substantially limits one (1) 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.
[Ord. No. 6466 § 1, 1-10-2017]
A person sixty (60) years of age or older.
[Ord. No. 6466 § 1, 1-10-2017]
Something markedly greater than the level of uneasiness, nervousness, unhappiness, or the like which are commonly experienced in day-to-day living.
[Ord. No. 6466 § 1, 1-10-2017]
Has the meaning specified in Section 556.016, RSMo.
Means either:
That physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him/her if he/she became unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act after consenting to the act.
Has the meaning specified in Section 556.021, RSMo.
Has the meaning specified in Section 569.010, RSMo.
Under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
[Ord. No. 6466 § 1, 1-10-2017]
A person acts knowingly or with knowledge, with respect to his/her conduct or to surrounding circumstances, when he/she is aware of the nature of his/her conduct or that those circumstances exist; or a person acts knowingly or with knowledge with respect to a result of his/her conduct when he/she is aware that his/her conduct is practically certain to cause that result.
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.
Has the meaning specified in Section 556.016, RSMo.
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.
[Ord. No. 6466 § 1, 1-10-2017]
Any felony, misdemeanor or infraction.
Physical pain, illness or any impairment of a physical condition.
Any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held.
Having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if he/she has the object on his/her person or within easy reach and convenient control. A person has constructive possession if he/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.
Anything of value, whether real or personal, tangible or intangible, in possession or in action.
[Ord. No. 6466 § 1, 1-10-2017]
Any person employed in any way by a government of this State who is compensated by the government by reason of his/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.
A person acts purposely or with purpose, with respect to his/her conduct or to a result thereof, when it is his/her conscious desire to engage in that conduct or cause that result.
A person acts recklessly or is reckless, when he/she consciously disregards 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.
An act or series of acts performed by two (2) or more persons as part of an established or prescribed pattern of activity.
An injury that creates a substantial risk of temporary or permanent medical or psychological damage manifested by impairment of a behavioral, cognitive or physical condition. "Serious emotional injury" shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty.
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.
Acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification.
Any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing for the purpose of arousing or gratifying sexual desire of any person.
Any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen (17) years of age.
To interfere with improperly, meddle with, displace, make unwanted alterations, or deprive owner or possessor of something temporarily.
[Ord. No. 6466 § 1, 1-10-2017]
A self-propelled mechanical device designed to carry a person or persons, excluding vessels or aircraft.
[Ord. No. 6466 § 1, 1-10-2017]
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 or pedaling.
[Ord. No. 6466 § 1, 1-10-2017]
Has the meaning specified in Section 562.011, RSMo.