In this Chapter, unless the context requires a different definition,
the following shall apply:
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.
Has the meaning specified in Section 230.010 of this Code.
Has the meaning specified in Section 230.011 of this Code.
Unless otherwise specified, a person under seventeen (17)
years of age.
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.
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.
Computers, terminals, data storage devices, and all other
computer hardware associated with a computer system or network.
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
(2) 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.
Two (2) or more interconnected computers or computer systems.
A set of instructions, statements, or related data that directs
or is intended to direct a computer to perform certain functions.
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.
A set of related, connected or unconnected, computer equipment,
data, or software.
Written, recorded, printed or electronically stored material
which explains or illustrates how to configure or use computer hardware,
software or other related items.
Any act or omission.
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 person is not in confinement if:
He or she is on probation or parole, temporary or otherwise;
or
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 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.
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.
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.
A person is in custody when he or she has been arrested but
has not been delivered to a place of confinement.
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.
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.
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.
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.
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.
A person sixty (60) years of age or older.
Something markedly greater than the level of uneasiness,
nervousness, unhappiness, or the like which are commonly experienced
in day-to-day living.
Has the meaning specified in Section 230.010 of this Code.
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. 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."
Under the influence of alcohol, a controlled substance, or
drug, or any combination thereof.
When used with respect to: (a) conduct or attendant circumstances,
means a person is aware of the nature of his or her conduct or that
those circumstances exist; or (b) a result of conduct, means a person
is aware that his or 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.
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.
Impairment of any function of the body or loss of use of
any part of the body.
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.
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.
Anything of value, whether real or personal, tangible or
intangible, in possession or in action.
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.
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.
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.
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.
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.
To interfere with improperly, meddle with, displace, make
unwanted alterations, or deprive owner or possessor of something temporarily.
A self-propelled mechanical device designed to carry a person
or persons, excluding vessels or aircraft.
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.
[1]
Editor’s Note: Former Articles I through XIV, containing Sections 215.005 through 215.1000, which derived from CC 1984 §§ 11-106, 15-80 – 15-82; 16-3 – 16-4, 16-12 – 16-12, 16-15 – 16-16, 16-20 – 16-21, 16-25 – 16-27, 16-30, 16-32 – 16-33, 16-50 – 16-52, 16-44, 16-61 – 16-62, 16-65, 16-70, 16-72 – 16-73, 16-80 – 16-82, 16-84, 16-86, 16-90; Rev. M.C. 1963 §§ 61.06, 61.08, 16.10, 16.17, 16.20 16.22, 16.26, 61.33 61.34; Ord. No. 3140 §§ 11-54, 15-42 – 15-44, 16-3 – 16-4, 16-7 – 16-8, 16-11 – 16-12, 16-16, 16-18 – 16-19, 16-24 – 16-28, 16-30, 16-33, 16-37, 16-39, 16-50 – 16-52, 16-54 – 16-55; Ord. No. 3167 § 1, 6-17-1974; Ord. No. 3214 § 1, 1-6-1975; Ord. No. 3344 § 1, 9-7-1976; Ord. No. 3699 § 1, 1-19-1981; Ord. No. 3752 § 1, 10-19-1981; Ord. No. 3981 § 3, 3-5-1984; Ord. No. 4038 § 1, 3-18-1985 Ord. No. 4060 § 2, 8-5-1985; Ord. No. 4111 § 1, 5-5-1986; Ord. No. 4234 § 1, 9-6-1988; Ord. No. 4235 § 8, 9-6-1988; Ord. No. 4247 § 1, 12-5-1988; Ord. No. 4399 § 1, 6-17-1991; Ord. No. 4407 § 1, 7-15-1991; Ord. No. 4503 §§ 1 3, 6-7-1993; Ord. No. 4524 § 3, 12-6-1993; Ord. No. 4671 § 1, 4-21-1997; Ord. No. 4721 § 1, 9-21-1998; Ord. No. 4753 § 1, 2-7-2000; Ord. No. 4754 § 1(16-28 – 16-29.1), 2-7-2000; Ord. No. 4759 § 1, 2-22-2000; Ord. No. 4760 § 1, 3-20-2000; Ord. No. 4761 § 1, 3-20-2000; Ord. No. 4762 § 1, 3-20-2000; Ord. No. 4765 § 1, 6-19-2000; Ord. No. 4772 § 1, 8-21-2000; Ord. No. 4804 § 1, 11-5-2001; Ord. No. 4871 §§ 1 3, 9-15-2003; Ord. No. 4873 § 1, 10-6-2003; Ord. No. 4875 § 1, 10-20-2003; Ord. No. 4888 § 1, 10-6-2003; Ord. No. 4915 §§ 1,3, 9-20-2004; Ord. No. 4932 § 1, 5-2-2005; Ord. No. 4938 § 2, 6-6-2005; Ord. No. 4946 § 1, 8-1-2005; Ord. No. 5067 § 1, 4-21-2008; Ord. No. 5086 § 1, 9-2-2008; Ord. No. 5123 §§ 1 6, 10-19-2009; Ord. No. 5163 §§ 1 — 2, 2-8-2011; Ord. No. 5213 § 1, 11-19-2012; Ord. No. 5273 §§ 1 3, 12-1-2014; Ord. No. 5327 § 1, 9-19-2016, was repealed 12-19-2016 by § 1 of Ord. No 5349.
[2]
State Law Reference: See Sections 556.061, 565.002, 569.010,
RSMo.
