[Ord. No. 1164 § 10.010, 3-2-2015]
As used in this Article, the following terms shall have the
meanings indicated:
Any written statement which is authorized or required by
law to be made under oath, and which is sworn to before a person authorized
to administer oaths.
Any branch or agency of the government of this State or of
any political subdivision thereof.
Any official proceeding in court, or any proceeding authorized
by or held under the supervision of a court.
The formal notice or writ used by a court to exercise jurisdiction
over a person or property.
Any violation of Town ordinance, State or Federal law.
Any cause, matter, or proceeding where the laws of this State
require that evidence considered therein be under oath or affirmation.
A dog, horse or other animal used in law enforcement or a
correctional facility, or by a municipal Police Department, Fire Department,
search and rescue unit or agency, whether the animal is on duty or
not on duty. The term shall include, but not be limited to, accelerant
detection dogs, bomb detection dogs, narcotic detection dogs, search
and rescue dogs and tracking animals.
Any document which a public servant is required by law to
keep.
Any oral statement under oath or affirmation.
Any natural person against whom any crime is deemed to have
been perpetrated or attempted.
Any natural person:
Having knowledge of the existence or non-existence of facts
relating to any crime; or
Whose declaration under oath is received as evidence for any
purpose; or
Who has reported any crime to any Peace Officer or prosecutor;
or
Who has been served with a subpoena issued under the authority
of any court of this State.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
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.
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:
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 1164 § 10.080, 3-2-2015]
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, he or she:
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.
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
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
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.
A.
A person
commits the offense of making a false affidavit if, with purpose to
mislead any person, he or she, in any affidavit, swears falsely to
a fact which is material to the purpose for which said affidavit is
made.
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.
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 or her duty,
such person:
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.
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:
D.
The defendant shall have the burden of injecting the issue of retraction under Subsection (C) hereof.
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.
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.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 1164 § 10.190, 3-2-2015]
A.
A person
commits the offense of aiding escape of a prisoner if he/she:
1.
Introduces into any place of confinement any deadly weapon or dangerous
instrument, or other thing adapted or designed for use in making an
escape, with the purpose of facilitating the escape of any prisoner
confined therein, or of facilitating the commission of any other crime;
or
2.
Assists or attempts to assist any prisoner who is being held in custody
or confinement for the purpose of effecting the prisoner's escape
from custody or confinement.
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.
[Ord. No. 1164 § 10.110, 3-2-2015]
A.
A public
servant commits the offense of misuse of official information if,
in contemplation of official action by himself/herself or by a governmental
unit with which he/she is associated, or in reliance on information
to which he/she has access in his/her official capacity and which
has not been made public, he/she knowingly:
1.
Acquires a pecuniary interest in any property, transaction, or enterprise
which may be affected by such information or official action; or
2.
Speculates or wagers on the basis of such information or official
action; or
3.
Aids, advises or encourages another to do any of the foregoing with
purpose of conferring a pecuniary benefit to any person.
[Ord. No. 1164 § 10.140, 3-2-2015]
Any employer, or any 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.
[Ord. No. 1164 § 10.150, 3-2-2015]
A Law Enforcement Officer commits the offense of failure to
execute an arrest warrant if, with the purpose of allowing any person
charged with or convicted of a crime to escape, he or she fails to
execute any arrest warrant, capias, or other lawful process ordering
apprehension or confinement of such person, which he or she is authorized
and required by law to execute.
[Ord. No. 1164 § 10.180, 3-2-2015]
A person commits the offense of failure to return to confinement
if, while serving a sentence for any offense under a work-release
program, or while under sentence of any offense to serve a term of
confinement which is not continuous, or while serving any other type
of sentence for any offense wherein he or she is temporarily permitted
to go at large without guard, he or she purposely fails to return
to confinement when he or she is required to do so.
[Ord. No. 1164 § 10.210, 3-2-2015]
A person commits the offense of assault on a Police animal when
such person knowingly attempts to kill or disable or knowingly causes
or attempts to cause serious physical injury to a Police animal when
that animal is involved in law enforcement investigation, apprehension,
tracking, or search, or the animal is in the custody of or under the
control of a Law Enforcement Officer, Department of Corrections Officer,
municipal Police Department, Fire Department or a rescue unit or agency.
[Ord. No. 1164 § 10.220, 3-2-2015]
A person commits the offense of obstructing government operations
if he/she purposely obstructs, impairs, hinders or perverts the performance
of a governmental function by the use or threat of violence, force,
or other physical interference or obstacle.
A.
A public
servant, in such person's public capacity or under color of such person's
office or employment, commits the offense of official misconduct if
he or she:
1.
Knowingly discriminates against any employee or any applicant for
employment on account of race, creed, color, sex or national origin,
provided such employee or applicant possesses adequate training and
educational qualifications;
2.
Knowingly demands or receives any fee or reward for the execution
of any official act or the performance of a duty imposed by law or
by the terms of his or her employment, that is not due, or that is
more than is due, or before it is due;
3.
Knowingly collects taxes when none are due, or exacts or demands
more than is due;
4.
Is a Town or County Treasurer, Town or County Clerk, or other Municipal
or County Officer and knowingly orders the payment of any money, or
draws any warrant, or pays over any money for any purpose other than
the specific purpose for which the same was assessed, levied and collected,
unless it is or shall have become impossible to use such money for
that specific purpose;
5.
Is an officer or employee of any court and knowingly charges, collects
or receives less fee for his or her services than is provided by law;
6.
Is an officer or employee of any court and knowingly, directly or
indirectly, buys, purchases or trades for any fee taxed or to be taxed
as costs in any court of this State, or any County warrant, at less
than par value which may be by law due or to become due to any person
by or through any such court; or
7.
Is a County officer, deputy or employee and knowingly traffics for
or purchases at less than the par value or speculates in any County
warrant issued by order of the County Commission of his or her County,
or in any claim or demand held against such County.
[Ord. No. 1164 § 10.240, 3-2-2015]
In addition to the forfeiture of any security which was given
or pledged for a person's release, any person who, having been released
upon a recognizance or bond pursuant to any other provisions of law
while pending preliminary hearing, trial, sentencing, appeal, probation
or parole revocation, or any other stage of a civil or criminal matter
against him or her, knowingly fails to appear before any court or
judicial officer as required shall be guilty of the offense of failure
to appear.
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 Town 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.
