City of Moscow Mills, MO Article II Offenses Against the Person

§ 75.110 Assault.

It shall be unlawful to commit the offense of assault or attempted assault of a person. A person commits the offense of assault if:

A. The person attempts to cause or through gross recklessness causes physical injury to another person, or

B. The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative, or

C. The person knowingly causes physical contact with another person when such contact would be offensive or provocative to an ordinary person of ordinary sensibilities, or

D. With criminal negligence or intent the person causes physical injury to another person by means of a weapon, or

E. The person commits an act which would cause an ordinary person to be in apprehension of immediate physical injury under the circumstances, or

F. The person knowingly causes physical contact with an incapacitated person, as defined in Section 475.010, RSMo., which a reasonable person who is incapacitated, would consider offensive or provocative.

1. He attempts to cause or recklessly causes physical injury to another person; or

2. With criminal negligence he causes physical injury to another person by means of a deadly weapon; or

3. He purposely places another person in apprehension of immediate physical injury; or

4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or

5. He knowingly causes physical contact with another person knowing the person will regard the contact as offensive or provocative.

§ 75.115 Assaulting a law enforcement officer.

It shall be unlawful for a person to assault a law enforcement officer. A person commits the offense of assaulting a law enforcement officer, if:

A. The person attempts to cause or through gross recklessness cause physical injury to a law enforcement officer, or

B. The person knowingly causes physical contact with a law enforcement officer knowing the law enforcement officer will regard the contact as offensive or provocative, or

C. The person knowingly causes physical contact with a law enforcement officer when such contact would be offensive or provocative to a law enforcement officer of ordinary sensibilities, or

D. With criminal negligence or intent the person causes physical injury to a law enforcement officer by means of a weapon, or

E. The person commits an act which would cause a law enforcement officer to be in apprehension of immediate physical injury under the circumstances, or

F. If a person, who has been placed under arrest by a law enforcement officer, escapes or attempts to escape, and makes forceful physical contact with such law enforcement officer.

§ 75.116 Assaulting a City employee.

A. It shall be unlawful for a person to assault a City employee. A person commits the offense of assaulting a City employee, if:

1. The person attempts to cause or causes physical injury to a City employee, or

2. The person knowingly causes physical contact with a City employee knowing the employee will regard the contact as offensive or provocative, or

3. The person knowingly causes physical contact with a City employee when such contact would be offensive or provocative to an employee of ordinary sensibilities, or

4. With criminal negligence or intent the person causes physical injury to a City employee by means of a weapon, or

5. The person commits an act which would cause a City employee to be in apprehension of immediate physical injury under the circumstances.

B. Any person found guilty of the offensive of assaulting a City employee may be subject to a fine of up to $500 or 30 days of incarceration, or both.

§ 75.120 Consent as a defense.

A. When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:

1. The physical injury consented to or threatened by the conduct is not serious physical injury; or

2. The conduct and the harm are reasonably foreseeable hazards of:

a. The victim's occupation or profession; or

b. Joint participation in a lawful athletic contest or competitive sport; or

c. The consent establishes a justification for the conduct under Chapter 563 of the State Statutes.

3. The defendant shall have the burden of injecting the issue of consent.

§ 75.130 Harassment.

It shall be unlawful for a person to commit the offense of harassment of another person. A person commits the offense of harassment if for the purpose of frightening or disturbing another person, he or she:

A. Communicates verbally, in writing, by telephone, or by e-mail a threat to commit any misdemeanor or felony, or

B. Verbally, in writing, by telephone, or by e-mail uses coarse language offensive to one's average sensibility, or

C. Makes an anonymous telephone call or uses a false name or identification and makes heavy breathing sounds, sexual connotations, or other threatening noises or comments, or

D. Makes repeated telephone calls after being asked by the receiver of the calls to discontinue calling.

E. Any other act where a person with average sensibility would feel frightened or disturbed.

§ 75.135 Penalties.

Any person found guilty of the offensive of assaulting a person, assaulting a law enforcement officer, or harassment, shall be deemed to have violated the appropriate section herein and may be subject to a fine of up to $500 or 30 days of incarceration, or both. In addition, a person found guilty may be ordered to make restitution in the amount of any doctor or hospital bills or any expense charged by a telephone company for tracing telephone calls, unlisting the victim's telephone number or changing the victim's telephone number.

§ 75.140 False imprisonment.

A person commits the offense of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty.

§ 75.141 Defenses to false imprisonment.

A. A person does not commit false imprisonment under § 75.040 if the person restrained is a child under the age of 17 and

1. A parent, guardian or other person responsible for the general supervision of the child's welfare has consented to the restraint; or

2. The actor is a relative of the child; and

a. The actor's sole purpose is to assume control of the child; and

b. The child is not taken out of the State of Missouri.

B. For the purpose of this section, "relative" means a parent or stepparent, ancestor, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.

C. The defendant shall have the burden of injecting the issue of a defense under this section.

§ 75.150 Interference with custody.

A person commits the crime of interference with custody if, knowing that he has no legal right to do so, he takes or entices from lawful custody any person entrusted by order of a court to the custody of another person or institution.