[Ord. No. 2016-1809 § 1, 12-20-2016]
A person commits the offense of providing false testimony or
declaration if, with the purpose to deceive, he or she knowingly testifies
falsely in person or by affidavit, upon oath or affirmation legally
administered, or provides a false written declaration or unauthentic
document to a public servant, as to any material fact, in any official
matter or proceeding before any court, public body or department of
the City. A fact is material, regardless of admissibility under rules
of evidence, if it could substantially affect, or did substantially
affect, the course or outcome of the proceedings or otherwise caused
the City to take substantial action. Knowledge of materiality is not
an element of an offense under this Section. It is a defense to prosecution
under this Section if the person retracted the false statement in
the course of the same proceedings in which it was made, provided
he or she did so before the falsity of the statement was otherwise
exposed and before the City took substantial action in reliance thereon.
The defendant has the burden of injecting the issue of retraction
under this Section.
A person commits the offense of refusal to identify as a witness
if, knowing he/she has witnessed any portion of a crime, or of any
other incident resulting in physical injury or substantial property
damage, upon demand by a Law Enforcement Officer engaged in the performance
of his/her official duties, he/she refuses to report or gives a false
report of his/her name and present address to such officer.
[Ord. No. 2016-1809 § 1, 12-20-2016]
A. A person commits the offense of disturbing a judicial proceeding
if, with purpose to intimidate a judge, attorney, juror, party or
witness, and thereby to influence a judicial proceeding, he/she:
1.
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;
or
2.
Threatens harm to or harasses such person or members of such
person's family, including their spouse and the ancestors and descendants
of such person or their spouse by blood or adoption, or any other
person or property.
[Ord. No. 2016-1809 § 1, 12-20-2016]
A. A person commits the offense of tampering with physical evidence
if he or 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.
[Ord. No. 2016-1809 § 1, 12-20-2016]
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, he or she knowingly makes a false entry or alteration
thereto or if he or she knowingly without authority destroys 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.
[Ord. No. 2016-1809 § 1, 12-20-2016]
A. No person shall:
1.
Falsely represent himself/herself to be an officer of the City
with purpose to induce another to submit to his/her pretended official
authority;
2.
Without being authorized by the City, exercise or attempt to
exercise any of the duties, functions or powers of a City Officer;
or
3.
Hinder, obstruct, resist or otherwise interfere with any City
Officer in the discharge of his/her official duties.
[Ord. No. 2016-1809 § 1, 12-20-2016]
A person commits an offense if they willfully fail or refuse
to stop on signal of any Law Enforcement Officer or to obey any other
reasonable signal or direction of a Law Enforcement Officer given
in directing the movement of vehicular traffic or enforcing against
any offense or infraction or otherwise properly discharging their
duties.
[Ord. No. 2016-1809 § 1, 12-20-2016]
A. A person commits the offense of resisting or interfering with arrest
if, knowing that a Law Enforcement Officer is making an arrest, or
attempting to lawfully detain or stop an individual or vehicle, or
the person reasonably should know that a Law Enforcement Officer is
making an arrest or attempting to lawfully detain or lawfully stop
an individual or vehicle, for the purpose of preventing the officer
from effecting the arrest, stop or detention, the person:
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 arrests, stops or detentions with or without
warrants; to arrests, stops or detentions for any crime, infraction
or ordinance violation; and 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.
[Ord. No. 2016-1809 § 1, 12-20-2016]
A. A person commits the offense of escape from custody or confinement
or attempted escape from custody or confinement if, while being held
in custody after arrest or confinement after sentencing for any offense,
he or she escapes or attempts to escape from such custody or confinement,
including but not limited to by means of intentionally removing, altering,
tampering, or damaging electronic monitoring equipment which a court
has required such person to wear.
B. A person commits the offense of failure to return to confinement
if while serving a sentence for any offense wherein he or she is temporarily
permitted to go at large without guard, he or she purposefully fails
to return to such confinement when required to do so.
C. For purposes of this Section, a person is in "custody" when he or
she has been arrested but has not been delivered to a place of confinement.
D. For purposes of this Section, "confinement" shall mean:
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.
[Ord. No. 2016-1809 § 1, 12-20-2016]
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. An 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 or 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.
C. "Process" includes any writ, summons, subpoena, warrant other than
an arrest warrant, or other process or order of a court.