In this Chapter, unless the context requires a different definition,
the following shall apply:
Every living vertebrate except a human being.
Chapters 195 and 579, RSMo., as amended.
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 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.
Written, recorded, printed or electronically stored material
which explains or illustrates how to configure or use computer hardware,
software or other related items.
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.
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; or
It is given by a person who, by reason of youth, mental disease
or defect, intoxication, a drug-induced state, or any other reason,
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 Schedules I
through V as defined in the Comprehensive Drug Control Act.
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.
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.
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.
The actual, constructive, or attempted transfer from one
(1) person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
A person authorized by law to practice dentistry in this
State.
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.
To deliver other than by administering or dispensing a controlled
substance.
Substances recognized as drugs in the official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States,
or Official National Formulary, or any supplement to any of them;
Substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in humans or animals;
Substances, other than food, intended to affect the structure
or any function of the body of humans or animals; and
Substances intended for use as a component of any article specified
in this definition. It does not include devices or their components,
parts or accessories.
Includes all equipment, products and materials of any kind which
are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance or
an imitation controlled substance in violation of the Comprehensive
Drug Control Act. It includes, but is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use, or designed for use m manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance;
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances;
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances;
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances;
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
Miniature cocaine spoons, and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court
or other authority should consider, in addition to all other logically
relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
Prior convictions, if any, of an owner, or of anyone in control
of the object under any State or Federal law relating to any controlled
substance;
The proximity of the object, in time and space, to a direct
violation of the Comprehensive Drug Control Act;
The proximity of the object to controlled substances;
The existence of any residue of controlled substances on the
object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he/she knows, or should reasonably know, intend to use the object
to facilitate a violation of the Comprehensive Drug Control Act; the
innocence of an owner, or of anyone in control of the object, as to
a direct violation of the Comprehensive Drug Control Act shall not
prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National and local advertising concerning its use;
The manner in which the object is displayed for sale;
Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance, the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration approved
package with the Federal Food and Drug Administration approved labeling
information;
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud;
The proximity of the substances to controlled substances;
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over the-counter substances of
like chemical composition sell. An "imitation controlled substance"
does not include a placebo or registered investigational drug, either
of which was manufactured, distributed, possessed or delivered in
the ordinary course of professional practice or research.
A substance which:
The State Department of Health and Senior Services has found
to be, and by rule designates as being, the principal compound commonly
used or produced primarily for use in the manufacture of a controlled
substance;
Is an immediate chemical intermediary used or likely to be used
in the manufacture of a controlled substance; and
The control of which is necessary to prevent, curtail or limit
the manufacture of the controlled substance.
A temporary or permanent physical or mental condition in
which a person is unconscious, unable to appraise the nature of his/her
conduct or unable to communicate unwillingness to an act.
A violation defined by this Code or by any other Statute
of this State if it is so designated, or if no sentence other than
a fine, or fine and forfeiture or other civil penalty, is authorized
upon conviction.
When used with respect to conduct or attendant circumstances,
means a person is aware of the nature of his or her conduct or that
those circumstances exist; or
When used with respect to 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.
The production, preparation, propagation, compounding or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance or the preparation, compounding, packaging or labeling of
a narcotic or dangerous drug:
By a practitioner as an incident to his or her administering
or dispensing of a controlled substance or an imitation controlled
substance in the course of his or her professional practice; or
By a practitioner or his or her authorized agent under his or
her supervision for the purpose of, or as an incident to, research,
teaching or chemical analysis and not for sale.
All parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to Cannabis Sativa L., Cannabis
Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea,
whether growing or not, the seeds thereof, the resin extracted from
any part of the plant; and every compound, manufacture, salt derivative,
mixture, or preparation of the plant, its seeds or resin. It does
not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil or cake,
or the sterilized seed of the plant which is incapable of germination.
Property that any entity, including but not limited to any
natural person, corporation, limited-liability company, partnership,
association, governmental subdivision or instrumentality, other than
the actor has a possessory or proprietary interest therein, except
that property shall not be deemed property of another who has only
a security interest therein, even if legal title is in the creditor
pursuant to a conditional sales contract or other security arrangement.
Any ordinance violation.
A licensed pharmacist as defined by the laws of this State,
and where the context so requires, the owner of a store or other place
of business where controlled substances are compounded or dispensed
by a licensed pharmacist; but nothing in this Chapter shall be construed
as conferring on a person who is not registered nor licensed as a
pharmacist any authority, right or privilege that is not granted to
him/her by the pharmacy laws of this State.
Slight impairment of any function of the body or temporary
loss of use of any part of the body.
See "Law Enforcement Officer."
Having actual or constructive possession of an object with
knowledge of its presence. A person has actual possession if such
person has the object on his/her person or within easy reach and convenient
control. A person has constructive possession if such person 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.
A person with the knowledge of the presence and nature of
a substance has actual or constructive possession of the substance.
A person has actual possession if he/she has the substance on his
or her person or within easy reach and convenient control. A person
who, although not in actual possession, has the power and the intention
at a given time to exercise dominion or control over the substance,
either directly or through another person or persons, is in constructive
possession of it. Possession may also be sole or joint. If one (1)
person alone has possession of a substance, possession is sole. If
two (2) or more persons share possession of a substance, possession
is joint.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed,
registered or otherwise permitted by this State to distribute, dispense,
conduct research with respect to or administer or to use in teaching
or chemical analysis a controlled substance in the course of professional
practice or research in this State, or a pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research.
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 such person's 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 when it is his/her conscious object to engage in that
conduct or to 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.
Includes barter, exchange, or gift, or offer therefor, and
each such transaction made by any person, whether as principal, proprietor,
agent servant or employee.
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.
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.
Includes, unless specifically excepted or unless listed in
another schedule of the Comprehensive Drug Control Act, any natural
or synthetic material, compound, mixture, or preparation that contains
any quantity of a substance that is a cannabinoid receptor agonist,
including but not limited to any substance listed in Paragraph (II)
of Subdivision (4) of Subsection 2 of Section 195.017, RSMo., and
any analogues; homologues; isomers, whether optical, positional, or
geometric; esters; ethers; salts; and salts of isomers, esters, and
ethers, whenever the existence of the isomers, esters, ethers, or
salts is possible within the specific chemical designation; however,
it shall not include any approved pharmaceutical authorized by the
United States Food and Drug Administration.
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.
A bodily movement performed while conscious as a result of effort
or determination. Possession is a voluntary act if the possessor knowingly
procures or receives the thing possessed, or having acquired control
of it was aware of his/her control for a sufficient time to have enabled
him or her to dispose of it or terminate his/her control; or
An omission to perform an act of which the actor is physically
capable. A person is not guilty of an offense based solely upon an
omission to perform an act unless the law defining the offense expressly
so provides, or a duty to perform the omitted act is otherwise imposed
by law.
[R.O. 1997 § 210.010; Ord. No. 116 § 1, 9-1-1995]
A.
A person is guilty of attempt to commit
an offense when, with the purpose of committing the offense, he/she
does any act which is a substantial step towards the commission of
the offense. A "substantial step" is conduct which is strongly corroborative
of the firmness of the actor's purpose to complete the commission
of the offense.
B.
It is no defense to a prosecution under
this Section that the offense attempted was, under the actual attendant
circumstances, factually or legally impossible of commission, if such
offense could have been committed had the attendant circumstances
been as the actor believed them to be.
