[Ord. No. 5508 § 2, 11-28-2016]
As used in this Article, the following terms shall have the
meanings set forth herein:
Any act involving the genitals of one person and the hand,
mouth, tongue, or anus of another person or a sexual act involving
the penetration, however slight, of the penis, female genitalia, or
the anus by a finger, instrument or object done for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
Sexual intercourse, deviate sexual intercourse or sexual
contact.
Any touching of another person with the genitals or any touching
of the genitals or anus of another person, or the breast of a female
person, or such touching through the clothing, or causing semen, seminal
fluid, or other ejaculate to come into contact with another person,
for the purpose of arousing or gratifying the sexual desire of any
person or for the purpose of terrorizing the victim.
[Ord. No. 5855, 9-14-2023]
Any penetration, however slight, of the female genitalia
by the penis.
[1]
Note: See Section 566.010, RSMo.
[Ord. No. 5264 § 11, 8-27-2012; Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of indecent exposure (sexual misconduct)
if such person:
1.
Exposes his or her genitals under circumstances in which he/she
knows that his/her conduct is likely to cause affront or alarm, or
to a child less than fifteen (15) years of age for the purpose of
arousing or gratifying the sexual desire of any person, including
the child;
2.
Has sexual contact in the presence of a third person or persons
under circumstances in which he or she knows that such conduct is
likely to cause affront or alarm;
3.
Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of a third person; or
4.
Coerces or induces a child less than fifteen (15) years of age
to expose the child's genitals for the purpose of arousing or gratifying
the sexual desire of any person, including the child, or coerces or
induces a female child less than fifteen (15) years of age to expose
her breasts in person or through the Internet or other visual transmission
for the purpose of arousing or gratifying the sexual desire of any
person, including the child.
[1]
Note: See Section 566.093, RSMo.
[R.O. 2008 § 18-93; Ord. No. 513 § 43(B), 12-23-1968; Ord. No. 5508 § 2, 11-28-2016; Ord. No. 5677, 1-13-2020]
A.
No person shall look, peer or peep into or be found loitering around
or within view of any window of a private dwelling house not on his
or her own property, including but not limited to by use of binoculars,
telescope, camera, drone, or other electronic or mechanical device.
The foregoing prohibition shall not apply to any law enforcement personnel
acting pursuant to warrant or other lawful authority.
B.
No person shall knowingly view, photograph, film, videotape, or produce or otherwise create an image of another person, without that person's consent, while such other person is in a state of nudity (as defined in Section 210.490) and is in a place where one would have a reasonable expectation that they could disrobe in privacy without being concerned that their undressing was being viewed, photographed or filmed by another.
C.
No person shall knowingly photograph, film, videotape, or produce
or otherwise create an image of another person under or through the
clothing worn by that other person for the purpose of viewing the
body of or the undergarments worn by that other person without that
person's consent.
[1]
Note: See Sections 565.002 and 565.252, RSMo.
[Ord. No. 5264 § 11, 8-27-2012; Ord. No. 5508 § 2, 11-28-2016]
A person commits the offense of sexual misconduct if such person
purposely subjects another person to sexual contact without that person's
consent.
[1]
Note: See Section 566.101, RSMo.
A.
Any person who has been found guilty of:
1.
Since 2004, violating any of the provisions of Chapter 566,
RSMo., or the provisions of Section 568.020, RSMo., Incest; Section
568.045, RSMo., Endangering The Welfare Of A Child In The First Degree;
Subsection (2) of Section 568.080, RSMo., as it existed prior to January
1, 2017, or Section 573.200, RSMo., Use Of A Child In A Sexual Performance;
Section 568.090, RSMo., as it existed prior to January 1, 2017, or
Section 573.205, RSMo., Promoting A Sexual Performance By A Child;
Section 573.023, RSMo., Sexual Exploitation Of A Minor; Section 573.025,
RSMo., Promoting Child Pornography In The First Degree; Section 573.035,
RSMo., Promoting Child Pornography In The Second Degree; Section 573.037,
RSMo., Possession Of Child Pornography; or Section 573.040, RSMo.,
Furnishing Pornographic Material To Minors; or
2.
Since 2008, any offense in any other jurisdiction which, if
committed in this State, would be a violation listed in this Section.
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shall not reside within one thousand (1,000) feet of any public
school as defined in Section 160.011 RSMo., or any private school
giving instruction in a grade or grades not higher than the twelfth
(12th) grade, or any child-care facility that is licensed under Chapter
210, RSMo., or any child-care facility as defined in Section 210.201,
RSMo., that is exempt from State licensure but subject to State regulation
under Section 210.252, RSMo., and holds itself out to be a child-care
facility, where the school or facility is in existence at the time
the individual begins to reside at the location. Such person shall
also not reside within one thousand (1,000) feet of the property line
of the residence of a former victim of such person.
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B.
If such person has already established a residence and a public school,
a private school, or child-care facility is subsequently built or
placed within one thousand (1,000) feet of such person's residence,
or a former victim subsequently resides on property with a property
line within one thousand (1,000) feet of such person's residence,
then such person shall, within one (1) week of the opening of such
public school, private school, or child-care facility, or the former
victim residing on the property, notify the County Sheriff where such
public school, private school, or child-care facility, or residence
of a former victim is located that he or she is now residing within
one thousand (1,000) feet of such public school, private school, child-care
facility, or property line of the residence of a former victim, and
shall provide verifiable proof to the Sheriff that he or she resided
there prior to the opening of such public school, private school,
or child-care facility, or the former victim residing on the property.
C.
For purposes of this Section, "resides" means sleeps
in a residence, which may include more than one (1) location and may
be mobile or transitory.
D.
For
purposes of this Section, one thousand (1,000) feet shall be measured
from the edge of the offender's property nearest the public school,
private school, child care facility or former victim's property to
the nearest edge of the public school, private school, child care
facility, or former victim's property.
[1]
Note: See Section 566.147, RSMo.
[2]
Editor's Note: Ord. No. 5632 also changed the title of this
Section from "Certain Offenders Not To Reside Within One Hundred (100)
Feet Of A School Or Child-Care Facility" to "Certain Offenders Not
To Reside Within One Thousand (1,000) Feet Of A School Or Child-Care
Facility Or Victim."
[Ord. No. 5211 § 2, 8-22-2011; Ord. No. 5357 § 3, 3-24-2014; Ord. No. 5508 § 2, 11-28-2016]
A.
Any person who, since 2009, has been found guilty of:
1.
Violating any of the provisions of Chapter 566, RSMo., or the
provisions of Section 568.020, RSMo., Incest; Section 568.045, RSMo.,
Endangering The Welfare Of A Child In The First Degree; Subsection
(2) of Section 568.080, RSMo., as it existed prior to January 1, 2017,
or Section 573.200 RSMo., Use Of A Child In A Sexual Performance;
Section 568.090, RSMo., as it existed prior to January 1, 2017, or
Section 573.205, RSMo., Promoting A Sexual Performance By A Child;
Section 573.023, RSMo., Sexual Exploitation Of A Minor; Section 573.025,
RSMo., Promoting Child Pornography In The First Degree; Section 573.035,
RSMo., Promoting Child Pornography In The Second Degree; Section 573.037,
RSMo., Possession Of Child Pornography; or Section 573.040, RSMo.,
Furnishing Pornographic Material To Minors; or
2.
Any offense in any other jurisdiction which, if committed in
this State, would be a violation listed in this Section;
shall not knowingly be physically present in or loiter within
five hundred (500) feet of or to approach, contact, or communicate
with any person under eighteen (18) years of age in any child-care
facility building, on the real property comprising any child-care
facility when persons under the age of eighteen (18) years are present
in the building, on the grounds, or in the conveyance, unless the
offender is a parent, legal guardian, or custodian of a student present
in the building or on the grounds.
B.
For purposes of this Section, "child-care facility" shall include
any child-care facility licensed under Chapter 210, RSMo., or any
child-care facility that is exempt from state licensure but subject
to State regulation under Section 210.252, RSMo., and holds itself
out to be a child-care facility.
[1]
Note: See Section 566.148, RSMo.
[Ord. No. 5211 § 3, 8-22-2011; Ord. No. 5357 § 4, 3-24-2014; Ord. No. 5508 § 2, 11-28-2016; Ord. No. 5541 § 1, 8-28-2017; Ord.
No. 5774, 3-14-2022; Ord. No. 5798, 8-22-2022]
A.
Not To Be Present Within Five Hundred (500) Feet Of School Property,
Exception — Permission Required For Parents Or Guardians Who
Are Offenders, Procedure. Any person who has been found guilty of:
1.
Since 2006, violating any of the provisions of Chapter 566,
RSMo., or the provisions of Section 568.020, RSMo., Incest; Section
568.045, RSMo., Endangering the Welfare of a Child in the First Degree;
Subsection (2) of Section 568.080, RSMo., as it existed prior to January
1, 2017, or Section 573.200, RSMo., Use of a Child in a Sexual Performance;
Section 568.090, RSMo., as it existed prior to January 1, 2017, or
Section 573.205, RSMo., Promoting a Sexual Performance by a Child;
Section 573.023, RSMo., Sexual Exploitation of a Minor; Section 573.025,
RSMo., Promoting Child Pornography; Section 573.040, RSMo., Furnishing
Pornographic Material to Minors; or
2.
Since 2008, any offense in any other jurisdiction which, if
committed in this State, would be a violation listed in this Section;
or
3.
Since 2022, violating Section 573.037, Possession of Child Pornography;
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shall not be present in or loiter within five hundred (500) feet of any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) years are present in the building, on the grounds, or in the conveyance, unless the offender is a parent, legal guardian, or custodian of a student present in the building and has met the conditions set forth in Subsection (B) of this Section.
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B.
No parent, legal guardian or custodian who has been found guilty of violating any of the offenses listed in Subsection (A) of this Section shall be present in any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) years are present in the building, on the grounds or in the conveyance unless the parent, legal guardian or custodian has permission to be present from the Superintendent or School Board or in the case of a private school from the Principal. In the case of a public school, if permission is granted, the Superintendent or School Board President must inform the Principal of the school where the sex offender will be present. Permission may be granted by the Superintendent, School Board, or in the case of a private school from the Principal for more than one (1) event at a time, such as a series of events, however, the parent, legal guardian or custodian must obtain permission for any other event he/she wishes to attend for which he/she has not yet had permission granted.
C.
Certain Offenders Not To Be Present Or Loiter Within Five Hundred
(500) Feet Of A Public Park Or Swimming Pool, Athletic Complex Or
Museum.
1.
Any person who, since 2009, has been found guilty of:
a.
Violating any of the provisions of Chapter 566, RSMo., or the
provisions of Section 568.020, RSMo., Incest; Section 568.045, RSMo.,
Endangering the Welfare of a Child in the First Degree; Subsection
(2) of Section 568.080, RSMo., as it existed prior to January 1, 2017,
or Section 573.200, RSMo., Use of a Child in a Sexual Performance;
Section 568.090, RSMo., as it existed prior to January 1, 2017, or
Section 573.205, RSMo., Promoting a Sexual Performance by a Child;
Section 573.023, RSMo., Sexual Exploitation of a Minor; Section 573.025,
RSMo., Promoting Child Pornography; or Section 573.040, RSMo., Furnishing
Pornographic Material to Minors; or
b.
Any offense in any other jurisdiction which, if committed in
this State, would be a violation listed in this Section; or
2.
Any person who, since 2022, has been found guilty of violating Section
573.037, Possession of Child Pornography;
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shall not knowingly be present in or loiter within five hundred
(500) feet of any real property comprising any public park with playground
equipment or a public swimming pool, athletic complex, or athletic
fields if such facilities exist for the primary use of recreation
for children, or any museum with the primary purpose of entertaining
or educating children under eighteen (18) years of age.
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D.
Enticement Of A Child.
1.
No person twenty-one (21) years of age or older shall persuade,
solicit, coax, entice, or lure, whether by words, actions or through
communication via the Internet or any electronic communication, any
person who is less than fifteen (15) years of age for the purpose
of engaging in sexual conduct.
2.
It is not a defense to a prosecution for a violation of this
Subsection that the other person was a Peace Officer masquerading
as a child.
E.
Age Misrepresentation. No person shall knowingly misrepresent his
or her age with the intent to use the Internet or any electronic communication
to solicit engagement in sexual conduct involving a child.
F.
Certain Offenders Not To Serve As Athletic Coaches, Managers Or Trainers.
1.
Any person who, since 2009, has been found guilty of:
a.
Violating any of the provisions of Chapter 566, RSMo., or the
provisions of Section 568.020, RSMo., Incest; Section 568.045, RSMo.,
Endangering the Welfare of a Child in the First Degree; Subsection
(2) of Section 568.080, RSMo., as it existed prior to January 1, 2017,
or Section 573.200, RSMo., Use of a Child in a Sexual Performance;
Section 568.090, RSMo., as it existed prior to January 1, 2017, or
Section 573.205, RSMo., Promoting a Sexual Performance by a Child;
Section 573.023, RSMo., Sexual Exploitation of a Minor; Section 573.025,
RSMo., Promoting Child Pornography; or Section 573.040, RSMo., Furnishing
Pornographic Material to Minors; or
b.
Any offense in any other jurisdiction which, if committed in
this State, would be a violation listed in this Section; or
2.
Any person who, since 2022, has been found guilty of violating Section
573.037, Possession of Child Pornography;
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shall not serve as an athletic coach, manager, or athletic trainer
for any sports team in which a child less than seventeen (17) years
of age is a member and in the case of violations of the foregoing
after 2022 shall not supervise or employ any child under eighteen
(18) years of age.
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[1]
Note: See Sections 566.149 through 566.151, 566.153 and 566.155,
RSMo.
[Ord. No. 5211 § 4, 8-22-2011; Ord. No. 5508 § 2, 11-28-2016]
A.
Any person first required to register as a sexual offender under
Sections 589.400 to 589.425, RSMo., since 2008 shall be required on
October 31 of each year to:
1.
Avoid all Halloween-related contact with children;
2.
Remain inside his or her residence between the hours of 5:00
P.M. and 10:30 P.M. unless required to be elsewhere for just cause,
including, but not limited to employment or medical emergencies;
3.
Post a sign at his or her residence stating "No candy or treats
at this residence"; and
4.
Leave all outside residential lighting off during the evening
hours after 5:00 P.M.
[1]
State Law Reference — For similar provisions, see Section
589.426, RSMo.
