A.
A person commits the offense of assault if:
1.
The person attempts to cause or recklessly causes physical injury,
physical pain or illness to another person;
2.
With criminal negligence the person causes physical injury to
another person by means of a firearm;
3.
The person purposely places another person in apprehension of
immediate physical injury;
4.
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to another person;
5.
The person knowingly causes or attempts to cause physical contact
with a person with a disability, which a reasonable person, who does
not have a disability, would consider offensive or provocative; or
6.
The person knowingly causes physical contact with another person
knowing the other person will regard the contact as offensive or provocative.
A.
A person commits the offense of domestic assault if the act involves
a domestic victim, as the term "domestic victim" is defined under
Section 565.002, RSMo., and:
1.
The person attempts to cause or recklessly causes physical injury,
physical pain, or illness to such domestic victim;
2.
With criminal negligence the person causes physical injury to
such domestic victim by means of a deadly weapon or dangerous instrument;
3.
The person purposely places such domestic victim in apprehension
of immediate physical injury by any means;
4.
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to such domestic victim;
5.
The person knowingly causes physical contact with such domestic
victim knowing he/she will regard the contact as offensive; or
6.
The person knowingly attempts to cause or causes the isolation
of such domestic victim by unreasonably and substantially restricting
or limiting his/her access to other persons, telecommunication devices
or transportation for the purpose of isolation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[1]
Editor's Note: This Section previously pertained to assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer. However, the authorizing statute, former § 565.083, RSMo., was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017. See Section 210.120, Assault, as it relates to a "special victim."
A person commits the offense of harassment if he/she, without
good cause, engages in any act with the purpose to cause emotional
distress to another person.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
DISTURBS
Definitions. As used in this Section:
Shall mean to engage in a course of conduct directed at a
specific person that serves no legitimate purpose and that would cause
a reasonable person under the circumstances to be frightened, intimidated,
or emotionally distressed.
B.
A person commits the offense of stalking if he/she purposely, through
his/her course of conduct, disturbs, or follows with the intent to
disturb another person.
C.
This Section shall not apply to activities of Federal, State, County,
or Municipal Law Enforcement Officers conducting investigations of
any violation of Federal, State, County, or Municipal Law.
D.
Any Law Enforcement Officer may arrest, without a warrant, any person
he/she has probable cause to believe has violated the provisions of
this Section.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of kidnapping if he/she knowingly
restrains another unlawfully and without consent so as to interfere
substantially with his/her liberty.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of endangering the welfare of a child
if he/she:
1.
With criminal negligence acts in a manner that creates a substantial
risk to the life, body or health of a child less than seventeen (17)
years old; or
2.
Knowingly encourages, aids or causes a child less than seventeen (17) years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or
3.
Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years of age, recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or
4.
Knowingly encourages, aids or causes a child less than seventeen
(17) years of age to enter into any room, building or other structure
which is a public nuisance as defined in Section 579.105, RSMo.
B.
Nothing in this Section shall be construed to mean the welfare of
a child is endangered for the sole reason that he/she is being provided
non-medical remedial treatment recognized and permitted under the
laws of this State.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[CC 1990 § 21-32; Ord. No. 668 § 3, 4-6-1992]
For purposes of Section 210.180, failure to exercise reasonable diligence shall include activities to include, but not be limited to, a person's property, vehicle, place of employment or any location a person may be reasonably expected to exercise authority over a child and prohibited activities shall include, but are not limited to: curfew violations, truancy, runaway, incorrigibility, injurious behavior, loitering, smoking, possession of tobacco, profanity, possession of obscene materials, gambling, possession of liquor and possession of any controlled substance.
A.
COLLISION
INJURES
MOTOR VEHICLE
UNATTENDED
Definitions. As used in this Section, the following terms mean:
The act of a motor vehicle coming into contact with an object
or a person.
To cause physical harm to the body of a person.
Any automobile, truck, truck-tractor, or any motor bus or
motor-propelled vehicle not exclusively operated or driven on fixed
rails or tracks.
Not accompanied by an individual fourteen (14) years of age
or older.
B.
A person commits the offense of leaving a child unattended in a motor
vehicle if such person knowingly leaves a child less than eleven (11)
years of age unattended in a motor vehicle and such child injures
another person by causing a motor vehicle collision or by causing
the motor vehicle to injure a pedestrian.
C.
The offense of leaving a child unattended in a motor vehicle is an
ordinance violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
When
a Law Enforcement Officer has probable cause to believe a party has
committed a violation of law amounting to domestic violence, as defined
in Section 455.010, RSMo., against a family or household member, the
officer may arrest the offending party whether or not the violation
occurred in the presence of the arresting Officer. When the Officer
declines to make arrest pursuant to this Subsection, the Officer shall
make a written report of the incident completely describing the offending
party, giving the victim's name, time, address, reason why no arrest
was made and any other pertinent information. Any Law Enforcement
Officer subsequently called to the same address within a twelve-hour
period, who shall find probable cause to believe the same offender
has again committed a violation as stated in this Subsection against
the same or any other family or household member, shall arrest the
offending party for this subsequent offense. The primary report of
non-arrest in the preceding twelve-hour period may be considered as
evidence of the defendant's intent in the violation for which arrest
occurred. The refusal of the victim to sign an official complaint
against the violator shall not prevent an arrest under this Subsection.
B.
When
a Law Enforcement Officer has probable cause to believe that a party,
against whom a protective order has been entered and who has notice
of such order entered, has committed an act of abuse in violation
of such order, the Officer shall arrest the offending party-respondent
whether or not the violation occurred in the presence of the arresting
Officer. Refusal of the victim to sign an official complaint against
the violator shall not prevent an arrest under this Subsection.
C.
When
an Officer makes an arrest, the officer is not required to arrest
two (2) parties involved in an assault when both parties claim to
have been assaulted. The arresting Officer shall attempt to identify
and shall arrest the party the Officer believes is the primary physical
aggressor. The term "primary physical aggressor" is defined as the
most significant, rather than the first, aggressor.
1.
The Law Enforcement Officer shall consider any or all of the following
in determining the primary physical aggressor:
2.
No Law Enforcement Officer investigating an incident of domestic
violence shall threaten the arrest of all parties for the purpose
of discouraging requests or law enforcement intervention by any party.
Where complaints are received from two (2) or more opposing parties,
the Officer shall evaluate each complaint separately to determine
whether the Officer should seek a warrant for an arrest.
D.
In
an arrest in which a Law Enforcement Officer acted in good faith reliance
on this Section, the arresting and assisting Law Enforcement Officers
and their employing entities and superiors shall be immune from liability
in any civil action alleging false arrest, false imprisonment or malicious
prosecution.
E.
When
a person against whom an order of protection has been entered fails
to surrender custody of minor children to the person to whom custody
was awarded in an order of protection, the Law Enforcement Officer
shall arrest the respondent, and shall turn the minor children over
to the care and custody of the party to whom such care and custody
was awarded.
F.
The
same procedures, including those designed to protect constitutional
rights, shall be applied to the respondent as those applied to any
individual detained in police custody.
G.
A violation
of the terms and conditions, with regard to domestic violence, stalking,
sexual assault, child custody, communication initiated by the respondent
or entrance upon the premises of the petitioner's dwelling unit or
place of employment or school, or being within a certain distance
of the petitioner or a child of the petitioner, of an ex parte order
of protection of which the respondent has notice, shall be an ordinance
violation unless the respondent has previously pleaded guilty to or
has been found guilty in any Division of the Circuit Court of violating
an ex parte order of protection or a full order of protection within
five (5) years of the date of the subsequent violation, in which case
the subsequent violation shall be a Class E felony. Evidence of prior
pleas of guilty or findings of guilt shall be heard by the Court out
of the presence of the jury prior to submission of the case to the
jury. If the Court finds the existence of such prior pleas of guilty
or finding of guilt beyond a reasonable doubt, the Court shall decide
the extent or duration of sentence or other disposition and shall
not instruct the jury as to the range of punishment or allow the jury
to assess and declare the punishment as a part of its verdict.
H.
A violation
of the terms and conditions, with regard to domestic violence, stalking,
sexual assault, child custody, communication initiated by the respondent
or entrance upon the premises of the petitioner's dwelling unit or
place of employment or school, or being within a certain distance
of the petitioner or a child of the petitioner, of a full order of
protection shall be an ordinance violation, unless the respondent
has previously pleaded guilty to or has been found guilty in any Division
of the Circuit Court of violating an ex parte order of protection
or a full order of protection within five (5) years of the date of
the subsequent violation, in which case the subsequent violation shall
be a Class E felony. Evidence of prior pleas of guilty or findings
of guilt shall be heard by the Court out of the presence of the jury
prior to submission of the case to the jury. If the Court finds the
existence of such prior plea of guilty or finding of guilt beyond
a reasonable doubt, the Court shall decide the extent or duration
of the sentence or other disposition and shall not instruct the jury
as to the range of punishment or allow the jury to assess and declare
the punishment as a part of its verdict. For the purposes of this
Subsection, in addition to the notice provided by actual service of
the order, a party is deemed to have notice of an order of protection
if the Law Enforcement Officer responding to a call of a reported
incident of domestic violence, stalking, sexual assault, or violation
of an order of protection presented a copy of the order of protection
to the respondent.
I.
Good
faith attempts to effect a reconciliation of a marriage shall not
be deemed tampering with a witness or victim tampering under Section
575.270, RSMo.
J.
Nothing
in this Section shall be interpreted as creating a private cause of
action for damages to enforce the provisions set forth herein.
