If any part of provision of this Chapter or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Chapter or the application thereof to other persons or circumstances.
A. 
An offense defined by this chapter for which a sentence of imprisonment is authorized, shall constitute a “violation.”
B. 
An offense defined by this chapter constitutes an “infraction” if it is so designated or if no other sentence than a fine or fine and forfeiture or other civil penalty is authorized upon conviction.
C. 
An infraction does not constitute a crime and conviction of an infraction shall not give rise to any disability or legal disadvantage based on conviction of a crime.
A. 
The provisions of this code shall govern the construction and punishment for any offense defined in this code and committed after April 1st, 1985, as well as the construction and application of any defense to a prosecution for such an offense.
B. 
Offenses defined outside of this chapter and not repealed shall remain in effect, but unless otherwise expressly provided, the provisions of this code shall not govern the construction of any such offenses, nor shall the construction and application of any defense to a prosecution for such offenses be affected.
C. 
The provisions of this code do not apply to or govern the construction of and punishment for any offense committed prior to 1985, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this chapter had not been enacted.
A. 
Except as otherwise provided in this section, prosecutions for offenses must be commenced within the following periods of limitation:
1. 
For any violation, one year.
2. 
For any infraction, six months.
B. 
If the period described in Subsection (1) has expired, a prosecution may nevertheless be commenced for:
1. 
Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by the aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three years; and
2. 
Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years.
C. 
An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the person’s complicity therein is terminated. Time starts to run on the day after the offense is committed.
D. 
A prosecution is commenced for a misdemeanor or ordinance violation when the information is filed.
E. 
The period of limitation does not run:
1. 
During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or
2. 
During any time when the accused is concealing himself from justice either within or without this state;
3. 
During any time when a prosecution against the accused for the offense is pending in this state; or
4. 
During any time when the accused is found to lack mental fitness to proceed pursuant to section 552.020.
When the same conduct of a person may establish the commission of more than one offense he may be prosecuted for each such offense. He may not, however, be convicted or more than one offense if:
A. 
One offense is included in the other, as defined in Section 215.035; or
B. 
Inconsistent findings of fact are required to establish the commission of the offenses; or
C. 
The offense differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or
D. 
The offense is defined as a continuing course of conduct and the person’s course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses.
A. 
A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:
1. 
It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or
2. 
It is specifically denominated by section as a lesser degree of the offense charged; or
3. 
It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein.
B. 
The court shall not be obligated to charge the jury with respect to an included offense unless there is a basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.
When the phrase “The defendant shall have the burden of injecting the issue,” is used in this code, it means:
A. 
The issue referred to is not submitted to the trier of fact unless supported by evidence; and
B. 
If the issue is submitted to a trier of fact any reasonable doubt on the issue requires a finding for the defendant on that issue.
When the phrase “affirmative defense” is used in the code, it means:
A. 
The defense referred to is not submitted to the trier of fact unless support by evidence; and
B. 
If the defense is submitted to the trier of fact the defendant has the burden of persuasion that the defense is more probably true than not.
In this code, unless the context requires a different definition, the following shall apply:
A. 
AFFIRMATIVE DEFENSE — Has the meaning specified in Section 215.045.
B. 
BURDEN OF INJECTING THE ISSUE — Has the meaning specified in Section 215.040.
C. 
CONFINEMENT
1. 
A person is in confinement when he is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:
a. 
A court orders the person’s release; or
b. 
The person is released on bail, bond, or recognizance, personal or otherwise; or
c. 
A public servant having the legal power and duty to confine him authorizes his/her release without guard and without condition that he/she return to confinement;
2. 
A person is not in confinement if:
a. 
The person is on probation or parole, temporary or otherwise; or
b. 
The person is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or s not being held under guard by a person having the legal power and duty to transport him to or from a place of confinement.
D. 
CONSENT — Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:
1. 
It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such incapactiy is manifest or known to the actor; or
2. 
It is given by a person who by reason of youth, mental disease or defect, or 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
3. 
It is induced by force, duress or deception.
E. 
CRIMINAL NEGLIGENCE — Has the meaning specified in Section 215.150.
F. 
CUSTODY — A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.
G. 
FORCIBLE COMPULSION — Either:
1. 
Physical force that overcomes reasonable resistance; or
2. 
A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person or another person.
H. 
INCAPACITATED — 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.
I. 
INHABITABLE STRUCTURE — Has the meaning specified in Section 215.410.
J. 
KNOWINGLY — Has the meaning specified in Section 215.150.
K. 
INFRACTION — Has the meaning specified in Section 215.010.
L. 
LAW ENFORCEMENT OFFICER — Any public servant having both the power and the duty to make arrests for violations of the laws of this City.
M. 
VIOLATION — Has the meaning specified in Section 215.010.
N. 
OFFENSE — Any ordinance violation, misdemeanor, or infraction.
O. 
PHYSICAL INJURY — Physical pain, illness, or any impairment of physical condition.
P. 
PLACE OF CONFINEMENT — Any building or facility and the ground thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held.
Q. 
PUBLIC SERVANT — Any person employed in any way by the government of this city who is compensated by the government by reason of such person’s employment, and 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 both regular and special or reserve law enforcement officers. It does not include witnesses.
R. 
PURPOSELY — Has the meaning specified in Section 215.150.
S. 
RECKLESSLY — Has the meaning specified in Section 215.150.
T. 
SERIOUS PHYSICAL INJURY — Physical injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss of impairment of the function of any part of the body.
U. 
VOLUNTARY ACT — Has the meaning specified in Section 215.145.
A. 
Every person found guilty of an offense defined by this Chapter shall be dealt with by the court in accordance with the provisions of this chapter.
B. 
Whenever any person has been found guilty of a violation the court shall make one or more of the following dispositions of the offender in any appropriate combination. The court may:
1. 
Sentence the person to a term of imprisonment as authorized by Sections 215.075 through 215.085.
2. 
Sentence the person to pay a fine as authorized by Sections 215.120 through 215.140.
3. 
Suspend the imposition of sentence, with or without placing the person on probation.
4. 
Pronounce sentence and suspend its execution, placing the person on probation.
5. 
Impose a period of detention as a condition of probation, as authorized by Section 215.105.
C. 
Whenever any person has been found guilty of an infraction, the court shall make one or more of the following dispositions of the offender in any appropriate combination. The court may:
1. 
Sentence the person to pay a fine as authorized by Sections 215.075 through 215.085.
2. 
Suspend the imposition of sentence, with or without placing the person on probation.
3. 
Pronounce sentence and suspend its execution, placing the person on probation.
D. 
Whenever any organization has been found guilty of an offense, the court shall make one or more of the following dispositions of the organization in any appropriate combination. The court may:
1. 
Sentence the organization to pay a fine as authorized by Sections 215.120 through 215.140;
2. 
Suspend the imposition of sentence, with or without placing the organization on probation;
3. 
Pronounce sentence and suspend its execution, placing the organization on probation;
4. 
Impose any special sentence or sanction authorized by law.
E. 
This chapter shall not be construed to deprive the court of any other authority which has, or may be, conferred by law to decree a forfeiture of property; suspend or cancel a license, remove a person from office, or impose any other civil penalty. An appropriate order exercising such authority may be included as part of any sentence.
The provisions of this Chapter, including but not limited to definition, defense, principles of liability, sentencing and penalty provisions, shall have no effect on or application to any offense defined outside of this Chapter unless such provisions shall specifically state that is hall have effect and application beyond this Chapter or unless an offense defined outside of this Chapter shall specifically state that a provision of this Chapter shall have effect on or application to that offense.
A. 
When a probation officer is available to the court, the officer shall, if directed by the court, make a pre-sentence investigation and report to the court before any authorized disposition under Section 215.055.
1. 
The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has pleaded guilty or been found guilty.
2. 
This section shall not be construed as to require the appointment of a probation officer.
B. 
The pre-sentence investigation report shall be prepared, presented and utilized as provided by rule of court except that not court shall prevent the defendant or the attorney for the defendant from having access to the complete pre-sentence investigation report and recommendations before any authorized disposition under Section 215.055.
C. 
The defendant shall not be obligated to make any statement to a probation officer in connection with any pre-sentence investigation hereunder.
A. 
The authorized terms of imprisonment, including both prison and conditional release terms are:
1. 
For a Class A Violation, a term not to exceed 90 days;
2. 
For a Class B Violation, a term not to exceed 45 days;
3. 
For a Class C Violation, a term not to exceed 15 days.
B. 
A sentence of imprisonment for a violation shall be for a definite term and the court shall commit the defendant to the county jail or other authorized penal institution for the term of his sentence or until released under procedures established elsewhere by law.
A. 
A person convicted of a crime in this city shall receive as credit toward service of sentence of a sentence of imprisonment all time spent by him in jail because awaiting trial for such crime. Time required by law to be credited upon some other sentence shall be applied to that sentence alone, except that:
1. 
Time spent in jail awaiting trial for an offense because of a detainer for such offense shall be credited toward service of a sentence of imprisonment for that offense even though the person was confined awaiting trial for some unrelated bailable offense; and
2. 
Credit for jail time shall be applied to each sentence if they are concurrent.
B. 
The officer required by law to deliver a convicted person to jail shall endorse upon the commitment papers the period of time to be credited as provided in Subsection A of this section.
C. 
If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.
The court may place a person on probation for a specific period upon conviction of any offense or upon suspending imposition of sentence if, having regard to the nature and circumstances of the offense and to the history and character of the defendant, the court is of the opinion that:
A. 
Institutional confinement of the defendant is not necessary for the protection of the public; and
B. 
The defendant is in need of guidance, training or other assistance which, in his case, can be effectively administered through probation supervision.
A. 
Unless terminated as provided in Section 215.115, the terms during which probation shall remain conditional and be subject to revocation are:
1. 
A term not less than six months and not to exceed one year for a violation.
2. 
A terms not less then three months and not to exceed six months for an infraction.
B. 
The court shall designate a specific term of probation at the time of sentencing or at the time of suspension of imposition of sentence.
A. 
The conditions or probation shall be such as the court in its discretion deems reasonably necessary to insure that the defendant will not again violate the law. When a defendant is placed on probation, he shall be given a certificate explicitly stating the conditions on which he is being released.
B. 
The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
Except in infraction cases, when probation is granted, the court, in addition to conditions imposed under Section 215.100 may require as a condition of probation that the defendant submit to a period of detention in an appropriate institution at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court shall designate.
A. 
In violation cases, the period of detention under this section shall not exceed the shorter of 15 days or the maximum term of imprisonment authorized for the violation by Sections 215.075 through 215.085.
B. 
If probation is revoked and a term of imprisonment is served by reason thereof, the time spent in jail or other institution as a detention condition of probation shall be credited against the prison or jail term served for the offense in connection with which the detention condition was imposed.
Jurisdiction over a probationer may be transferred from the court which imposed probation to a court having equal jurisdiction over offenders in any other part of the state, if any, with the concurrence of both courts. Retransfers of jurisdiction may also occur in the same manner. The court to which jurisdiction has been transferred under this section shall be authorized to exercise all powers permissible under this chapter over the defendant, except that the term of probation shall not be terminated without the consent of the sentencing court.
A. 
A term probation commences on the day it is imposed. Multiple terms of probation, whether imposed at the same time or at different times, shall run concurrently. Terms of probation shall also run concurrently with any federal or other state jail, prison, probation or parole terms for another offense to which the defendant is or becomes subject during the period, unless otherwise specified by the court.
B. 
The court may terminate a period of probation and discharge the defendant at any time before completion of the specific term fixed under Section 215.095 if warranted by the conduct of the defendant and the ends of justice. Procedures for termination and discharge may be established by rule of court.
C. 
If the defendant violates a condition of probation at anytime prior to the expiration or termination of the probation term, the court may continue him on the existing conditions, with or without modifying or enlarging the conditions, or, if such continuation, modification, or enlargement is not appropriate, may revoke probation and order that any sentence previously imposed be executed. If imposition of sentence was suspended, the court may revoke probation and impose any sentence available under Section 215.055. The court may mitigate any sentence of imprisonment by reducing the prison or jail term by all or part of the time the defendant was on probation.
D. 
Probation shall not be revoked without giving the probationer notice and an opportunity to appear to answer a charge of a violation, and the court may issue a warrant of arrest for the violation. Such notice shall be personally served upon the probationer. The warrant shall authorize the return of the probationer to the custody of the court or to any suitable detention facility designated by the court.
E. 
Any probation officer, if he has probable cause to believe that the probationer has violated a condition of probation, may arrest the probationer without a warrant, or may deputize any other officer with the power of arrest to do so by giving him a written statement of the circumstances of the alleged violation, including a statement that the probationer has, in the judgment of the probation officer, violated the conditions of his probation. The written statement, delivered with the probationer to the official in charge of any jail or other detention facility, shall be sufficient authority for detaining the probationer pending a preliminary hearing on the alleged violation.
F. 
If the probationer is arrested under the authority granted in Subsections 5 and 6, he shall have the right to a preliminary hearing on the violation charged. He shall be notified immediately in writing of the alleged probation violation. If he is arrested in the jurisdiction of the sentencing court, and the court which placed him on probation is immediately available, the preliminary hearing shall be heard by the sentencing court. Such preliminary hearings shall be conducted as provided by rule of court. It is appears that there is probable cause to believe that the probationer has violated a condition of his probation, or if the probationer waives the preliminary hearing, the judge shall order the probationer held for further proceedings in the sentencing court from holding a hearing on the question of the probationer’s alleged violation of a condition of probation nor from ordering the probationer to be present at such a hearing. Provisions regarding release on bail of person charged with offenses shall be applicable to probationers arrested and ordered held under this provision.
G. 
Upon such arrest and detention, the probation officer shall immediately notify the sentencing court and shall submit to the court a written report showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon arrest by warrant, the court shall cause the probationer to be brought before it without unnecessary delay for a hearing on the violation charged. Revocation hearings shall be conducted as provided by the rule of court.
H. 
The power of the court to revoke probation shall extend for the duration of the term of probation designated by the court and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration, provided that some affirmative manifestation of an intent to conduct a revocation hearing occurs prior to the expiration of the period and that every reasonable effort is made to notify the probationer and to conduct the hearing prior to the expiration of the period.
A. 
Except as otherwise provided for an offense outside this code, a person who has been convicted of a violation or infraction may be sentenced to pay a fine which does not exceed:
1. 
For a Class A violation, $1,000.
2. 
For a Class B violation, $600.
3. 
For a Class C violation, $400.
4. 
For driving under the influence in violation of this Code, $1,000.
A. 
A sentence to pay a fine, when imposed on a corporation for an offense defined in this code or for any offense defined outside this code for which no special corporate fine is specified, shall be a sentence top pay an amount, fixed by the court, not exceeding:
1. 
$500, when the conviction is of a Class A violation.
2. 
$400, when the conviction is of a Class B violation.
3. 
$300, when the conviction is of a Class C violation.
4. 
$200, when the conviction is of an infraction.
B. 
In the case of an offense defined outside the code, if a special fine for a corporation is expressly specified in the section that defines the offense, the fine fixed by the court shall be an amount within the limits specified in the section that defines the offense.
A. 
In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him from making restitution or reparation to the victim of the offense.
B. 
For municipal ordinance violations committed within a twelve-month period beginning with the first violation:
1. 
The maximum allowable fine is $200 for the first offense;
2. 
$275 for the second offense;
3. 
$300 for the third offense; and
4. 
$450 for the forth and subsequent offenses.
C. 
When any other disposition is authorized by statute, the court shall not sentence an individual to pay a fine only unless, having regard to the nature and circumstances of the offense and the history and character of the offender, it is of the opinion that the fine alone will suffice for the protection of the public.
D. 
The court shall not sentence an individual to pay a fine in addition to any other sentence authorized by Section 215.055 unless:
1. 
He has derived a pecuniary gain from the offense; or
2. 
The court is of the opinion that a fine is uniquely adapted to deterrence of the type of offense involved or to the correction of the defendant.
E. 
When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installment. If no such provision is made a part of the sentence, the fine shall be payable forthwith.
F. 
When an offender is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to nonpayment shall be determined only after the fine has not been paid, as provided in Section 215.135.
A. 
When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the court may issue a warrant for arrest or a summons for his appearance.
B. 
If it appears that the default in the payment of a fine is excusable, the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion in whole or in part.
C. 
When a fine is imposed on a corporation it is the duty of the person or persons authorized to make disbursement of the assets of the corporation and their superiors to pay the fine from the assets of the corporation. The failure of such persons to do so shall render them subject to imprisonment under Subsections 1 and 2.
D. 
Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments.
A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.
A. 
A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act.
B. 
A “voluntary act” is:
1. 
A bodily movement performed while conscious as a result of effort or determination; or
2. 
An omission to perform an act of which the actor is physically capable.
C. 
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 control for a sufficient time to have enabled him to dispose of it or terminate his or her control.
D. 
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.
A. 
Except as provided in Section 215.160 a person is not guilty of an offense unless he acts with a culpable mental state, that is, unless he acts purposely or knowingly or recklessly or with criminal negligence, as the statute defining the offense may require with respect to the conduct, the result thereof or the attendant circumstances which constitute the material elements of the crime.
B. 
A person “acts purposely”, or with purpose, with respect to his conduct or to a result thereof when it is his conscious object to engage in that conduct or to cause that result.
C. 
A person “acts knowingly”, or with knowledge:
1. 
With respect to his conduct or to attendant circumstances when he is aware of the nature of his conduct or that those circumstances exist; or
2. 
With respect to a result of his conduct when he is aware that his conduct is practically certain to cause that result.
D. 
A person “acts recklessly” or is reckless when he consciously disregards 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.
E. 
A person “acts with criminal negligence” or is criminally negligent when he/she fails 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.
A. 
If the definition of an offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each such material element.
B. 
Except as provided in Section 215.160 if the definition of an offense does not expressly prescribe a culpable mental state, a culpable mental state is nonetheless required and is established if a person acts purposely or knowingly or recklessly, but criminal negligence is not sufficient.
C. 
If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts purposely or knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts purposely knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.
D. 
Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense is not an element of an offense unless the section clearly so provides.
A culpable mental state is not required:
A. 
If the offense is an infraction and no culpable mental state is prescribed by the section defining the offense; or
B. 
If the section defining the offense clearly indicates a purpose to dispense with the requirement of any culpable mental state as to a specific element of the offense.
A. 
A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact or law unless such mistake negatives the existence of the mental state required by the offense.
B. 
A person is not relieved of criminal liability for conduct because he believes his conduct does not constitute an offense unless his belief is reasonable and:
1. 
The offense is defined by an administrative regulation or order which is not known to him and has not been published or otherwise made reasonably available to him, and he could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him; or
2. 
He acts in a reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in:
a. 
A statute or ordinance;
b. 
An opinion or order of an appellate court;
c. 
An official interpretation of the statute, regulation or order defining the offense made b a public official or agency legally authorized to interpret such statute, regulation or order.
C. 
The burden of injecting the issue of reasonable belief that conduct does not constitute an offense under Subdivisions 1 and 2 of Subsection B is on the defendant.
A person with the required culpable mental state is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is criminally responsible, or both.
A. 
A person is criminally responsible for the conduct of another when:
1. 
The section defining the offense makes him so responsible; or
2. 
Either before or during the commission of an offense with the purpose of promoting the commission of an offense, he aids or agrees to aid or attempts to aid such other person in planning, committing or attempting to commit the offense.
B. 
However, a person is not so responsible if:
1. 
He is the victim of the offense committed or attempted;
2. 
The offense is so defined that his conduct was necessarily incident to the commission or attempt to commit the offense. If his conduct constitutes a related but separate offense, he is criminally responsible for that offense but not for the conduct or offense committed or attempted by the other person;
3. 
Before the commission of the offense he abandons his purpose and gives timely warning to law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.
C. 
The defense provided by Subdivision 3 of Subsection B if an affirmative defense.
It is not defense to any prosecution for an offense in which the criminal responsibility of the defendant is based upon the conduct of another that:
A. 
Such other person has been acquitted or has not been convicted or has been convicted or some other offense or degree of offense or lacked criminal capacity or was unaware of the defendant’s criminal purpose or is immune from prosecution or is not amenable to justice; or
B. 
The defendant does not belong to that class of persons who was legally capable of committing the offense in an individual capacity.
Except as otherwise provided, when two or more persons are criminally responsible for an offense which is divided into degrees, each person is guilty of such degree as is compatible with his own culpable mental state and with his own accountability for an aggravating or mitigating fact or circumstances.
A. 
A corporation is guilty of a violation if:
1. 
The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporation by law; or
2. 
The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his employment and in behalf of the corporation, and the offense is a misdemeanor or an infraction, or the offense is one defined by a section that clearly indicates a legislative intent to impose such criminal liability on a corporation; or
3. 
The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors of by a high managerial agent acting within the scope of his employment and in behalf of the corporation.
B. 
An unincorporated association is guilty of an offense if:
1. 
The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the association by law; or
2. 
The conduct constituting the offense is engaged in by an agent of the association while acting within the scope of his employment and in behalf of the association and the offense is one defined by section that clearly indicates a legislative intent to impose such criminal liability on the association.
3. 
The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors of by a high managerial agent acting within the scope of his employment and in behalf of the corporation.
C. 
An unincorporated association is guilty of an offense if:
1. 
The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the association by law; or
2. 
The conduct constituting the offense is engaged in by an agent of the association while acting within the scope of his employment and in behalf of the association and the offense is one defined by a section that clearly indicates a legislative intent to impose such criminal liability on the association.
D. 
As used in this section:
1. 
“Agent” means any director, officer or employee of a corporation or unincorporated association or any other person who is authorized to act in behalf of the corporation or unincorporated association;
2. 
“High Managerial Agent” means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy of the supervision in a managerial capacity of subordinate employees.
A. 
The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the prescribed conduct because he was entrapped by a law enforcement officer or a person acting in cooperation with such an officer.
B. 
An “entrapment” is perpetrated if a law enforcement officer or a person acting in cooperation with such an officer, for the purpose of obtaining evidence of the commission of an offense, solicits, encourages or otherwise induces another person to engage in conduct when he was not ready and willing to engage in such conduct.
C. 
The relief afforded by Subsection 1 is not available as to any crime which involves causing physical injury to or placing in danger of physical injury a person other than the person perpetrating the entrapment.
D. 
The defendant shall have the burden of injecting the issue of entrapment.
A. 
It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he was coerced to do so, by the use of, or threatened imminent use of, unlawful physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation would have been unable to resist.
B. 
The defense of “duress” as defined in Subsection 1 is not available as to any offense when the defendant recklessly places himself in a situation in which it is probable that he will be subjected to the force or threatened force described in Subsection A.
A. 
A person who is in an intoxicated or drugged condition whether from alcohol, drugs, or other substance, is criminally responsible for conduct unless such condition:
1. 
Negatives the existence of the mental states of purpose or knowledge when such mental states are elements of the offense charged or of an included offense; or
2. 
Is involuntarily produced and deprived him of the capacity to know or appreciate the nature, quality or wrongfulness of his conduct or to conform his conduct to the requirements of law.
B. 
The defendant shall have the burden of injecting the issue of intoxicated or drugged condition.
A. 
No person shall be convicted of any offense unless he had attained his 14th birthday at the time the offense was committed.
B. 
The defendant shall have the burden of injecting the issue of infancy.
A. 
A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he did not know or appreciate the nature, quality or wrongfulness of his conduct or was incapable of conforming conduct to the requirements of law.
B. 
The procedures for the defense of lack of responsibility because of mental disease or defect are governed by the applicable provisions of Chapter §522 RSMo.
As used in Section 215.230 through 215.280:
A. 
DEADLY FORCE — Physical force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious physical injury.
B. 
DWELLING — Any building or inhabitable structure, though movable or temporary, or a portion thereof, which is for the time being the actor’s home or place of lodging.
C. 
PREMISES — Includes any building, inhabitable structure and any real property.
D. 
PRIVATE PERSON — Any person other than a law enforcement officer.
A. 
Unless inconsistent with the provisions of Sections 215.230 through 215.280 defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when such conduct is required or authorized by a statutory provision or by a judicial decree. Among the kinds of such provisions and decrees are:
1. 
Laws defining duties and functions of public servants;
2. 
Laws defining duties of private persons to assist public servants in the performance of their functions;
3. 
Laws governing the execution of legal process;
4. 
Laws governing the military services and the conduct of war;
5. 
Judgments and orders of courts.
B. 
The defense of justification afforded by Subsection 1 of this section applies:
1. 
When a person reasonably believes his conduct to be required or authorized by the judgment or directions of a competent court or tribunal or in the legal execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process;
2. 
When a person reasonably believes his conduct to be required or authorized to assist a public servant in the performance of his duties, notwithstanding that the public servant exceeded his legal authority.
C. 
The defendant shall have the burden of injecting the issue of justification under this section.
A. 
Unless inconsistent with other provisions of this chapter defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute any crime or murder is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability of avoiding the injury outweighs the desirability of avoiding the injury sought to be prevented by the section defining the crime charged.
B. 
The necessity and justifiability of conduct under Subsection 1 may not rest upon considerations pertaining only to the mortality and advisability of the section either in its general application or with respect to its application to a particular class or cases arising thereunder. Whenever evidence relating to the defense of justification under this section is offered, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
C. 
The defense of justification under this section is an affirmative defense.
A. 
A person may, subject to the provisions of Subsection B, use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
1. 
The actor was the initial aggressor; except that in such case his use of force is nevertheless justified provided:
a. 
He has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
b. 
He is a law enforcement officer and as such is an aggressor pursuant to Section 563.046 RSMo.; or
c. 
The aggressor is justified under some other provision of this chapter or other provision of law;
2. 
Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would not be justified in using such protective force;
3. 
The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.
B. 
A person may not use deadly force upon another person under the circumstances specified in Subsection 1 of this section unless:
1. 
He or she reasonably believes that such deadly force is necessary to protect himself, or herself, or her unborn child, or another against death, serious physical injury, or any forcible felony;
2. 
Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or
3. 
Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.
C. 
A person does not have a duty to retreat:
1. 
From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining;
2. 
From private property that is owned or leased by such individual; or
3. 
If the person is in any other location such person has the right to be.
D. 
The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
E. 
The defendant shall have the burden of injecting the issue of justification under this section.
A. 
A person in possession or control of premises or a person who is licensed or privileged to be thereon, may, subject to the provisions of Subsection B, use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of the crime of trespass by the other person.
B. 
A person may not use deadly force under circumstances described in Subjection A unless the use of deadly force is authorized under state or federal law.
C. 
The defendant shall have the burden or injecting the issue of justification under this section.
A. 
A person may, subject to the limitations of Subsection B, use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.
B. 
A person may not use deadly force under circumstances described in subjection 1 unless the use of deadly force is authorized under state or federal law.
C. 
The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
D. 
The defendant shall have the burden of injecting the issue of justification under this section.
A. 
A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of Subsections B and C, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
B. 
A law enforcement officer in effecting the arrest or in preventing an escape from custody is not justified in using deadly force unless the use of deadly force is authorized by federal and state law and the Police Procedures Manual of the City of Lakeshire.
C. 
The defendant shall have the burden of injecting the issue of justification under this Section.
A. 
A private person who has been directed by a person he reasonably believes to be a law enforcement officer to assist such officer to effect an arrest or to prevent escape from custody may, subject to the limitations of Subsection C, use physical force when and to the extent that he reasonably believes such to be necessary to carry out such officer’s direction unless he knows or believes that the arrest or prospective arrest is not or was not authorized.
B. 
A private person acting on his own account may, subject to the limitations of Subsection C, use physical force to effect arrest or to prevent escape only when and to the extent such is immediately necessary to effect the arrest, or to prevent escape from custody, of a person whom he reasonably believes to have committed a crime and who in fact has committed the crime.
C. 
A private person in effecting an arrest or in preventing an escape from custody is not justified in using deadly force unless the use of deadly force is authorized under state or federal law.
D. 
The defendant shall have the burden of injecting the issue of justification under this section.
A. 
Except as provided in Section 215.270 a guard or other law enforcement officer may, subject to the provisions of Subsection B, use physical force when he reasonably believes such to be immediately necessary to prevent escape from confinement or in transit thereto or therefrom.
B. 
A guard or other law enforcement officer may not use deadly force under circumstances described in Subsection A unless the use of deadly force is authorized under state or federal law.
C. 
The defendant shall have the burden of injecting the issue of justification under this section.
A. 
The use of physical force by an actor upon another person is justifiable when the actor is a parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person or when the actor is a teacher or other person entrusted with the care and supervision of a minor for a special purpose; and:
1. 
The actor reasonably believes that the force used is necessary to promote the welfare of a minor or incompetent person, or, if the actor’s responsibility for the minor is for special purposes, to further that special purpose or to maintain reasonable discipline in a school, class or other group; and
2. 
The force used is not designed to cause or believed to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain or extreme emotional distress.
B. 
The use of physical force by an actor upon another person is justifiable when the actor is a person responsible for the operation of or the maintenance of order in a vehicle of other carrier of passengers and the actor reasonably believes that such force is necessary to prevent interference with its operation or to maintain order in the vehicle or other carrier, except that deadly force may not be used unless the use of deadly force is authorized by state and federal law.
C. 
The use of physical force by an actor upon another person is justified when the actor is a physical or a person assisting at his direction; and:
1. 
The force is used for the purpose of administering a medically acceptable form of treatment which the actor reasonably believes to be adapted to promoting the physical or mental health of the patient; and
2. 
The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of the parent, guardian, or other person legally competent to consent on his behalf, or the treatment is administered in an emergency when the actor reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
D. 
The use of physical force by an actor upon another person is justifiable when the actor acts under the reasonable belief that:
1. 
Such other person is about to commit suicide or to inflict serious physical injury upon himself; and
2. 
The force used is necessary to thwart such result.
E. 
The defendant shall have the burden or injecting the issue of justification under this section.
A. 
A person is guilty of attempt to commit an offense if, with the purpose of committing the offense, a person performs 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 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.
C. 
Unless otherwise provided, an attempt to commit an offense is a Class C violation if the offense attempted is a violation of any degree.
A. 
Guilt for an offense may be based upon a conspiracy to commit an offense when a person, with the purposes of promoting or facilitating the commission of an offense, agrees with another person or persons that they or one or more of them will engage in conduct which constitutes such offense.
B. 
It is no defense to a prosecution for conspiring to commit an offense that a person, who knows that a person with whom he or she conspires to commit an offense has conspired with another person or persons to commit the same offense, does not know the identity of such other person or persons.
C. 
If a person conspires to commit a number of offenses, he or she can be found guilty of only one offense so long as such multiple offenses are the object of the same agreement.
D. 
No person may be convicted of an offense based upon a conspiracy to commit an offense unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or her or by a person with whom he or she conspired.
1. 
No one shall be convicted of conspiracy if, after conspiring to commit the offense, he prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of his criminal purpose.
2. 
The defendant shall have the burden of injecting the issue of renunciation of criminal purpose under Subdivision A of this subsection.
E. 
Exceptions:
1. 
No person shall be convicted of an offense based upon a conspiracy to commit an offense if, after conspiring to commit the offense, he/she prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of his/her criminal purpose.
2. 
The defendant shall have the burden of injecting the issue of renunciation of criminal purpose under Subsection E1.
F. 
For the purpose of time limitations on prosecutions:
1. 
Conspiracy to commit an offense is a continuing course of conduct which terminates when the offense or offenses which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he or she conspired;
2. 
If an individual abandons the agreement, the conspiracy is terminated as to him/her only if he/she advises those with whom he/she has conspired of his abandonment or he/she informs the law enforcement authorities of the existence of the conspiracy and of his/her participation in it.
G. 
A person may not be charged, convicted or sentenced on the basis of the same course of conduct of both the actual commission of an offense and a conspiracy to commit that offense.
H. 
Unless otherwise provided, a conspiracy to commit an offense is a Class C violation if the object of the conspiracy is a violation of any degree.
A. 
A person commits the crime of assault if:
1. 
The person attempts to cause or recklessly causes physical injury, physical pain or illness to another person; or
2. 
With criminal negligence the person causes physical injury to another person my means of a firearm; or
3. 
The person purposely places another person in apprehension of immediate physical injury; or
4. 
The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; or
5. 
The person knowingly causes physical contact with another 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.
B. 
Assault is a Class A violation unless committed under Subdivision 3 or 5 of Subsection A in which case it is a Class C violation.
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.
3. 
The consent establishes a justification for the conduct under Sections 215.230 through 215.280.
B. 
The defendant shall have the burden or injecting the issue of consent.
A. 
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, including but not limited to:
1. 
Communicating in writing or by telephone a threat to commit any felony as defined by state or federal law; or
2. 
Making a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; or
3. 
Making a telephone call anonymously; or
4. 
Making repeated telephone calls.
B. 
Harassment is a Class A offense.
A. 
A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty.
B. 
False imprisonment is a Class A offense.
A. 
A person does not commit false imprisonment under Section 215.320 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 to the same degree through marriage or adoption.
C. 
The defendant shall have the burden of injecting the issue of defense under this section.
A. 
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.
B. 
Interference with custody is a Class A offense.
A. 
As used in Sections 215.335 through 215.360.
1. 
SEXUAL INTERCOURSE — Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results;
2. 
DEVIATE SEXUAL INTERCOURSE — Any sexual act involving the genitals of one person and the mouth, tongue, hand or anus of another person;
3. 
SEXUAL CONTACT — Any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.
B. 
Spouses living apart pursuant to a Judgment of legal separation are not married to each other for the purposes of this chapter.
A. 
Whenever in Sections 215.335 through 215.260 the criminality of conduct depends upon a victim's being incapacitated, no crime is committed if the actor reasonably believed that the victim was not incapacitated and reasonably believed that the victim consented to the act. The defendant shall have the burden of injecting the issue of belief as to capacity and consent.
B. 
Whenever in Sections 215.335 through 215.360 the criminality of conduct depends upon a child's being 14 or 15 years of age, it is an affirmative defense that the defendant reasonably believed that the child was 16 years old or older.
A. 
A person commits the crime of sexual misconduct if:
1. 
Being less than 17 years old, he has sexual intercourse with another person to whom he is not married who is 14 or 15 years old; or
2. 
He engages in deviate sexual intercourse with another person to whom he is not married and who is under the age of 17 years; or
3. 
He has deviate sexual intercourse with another person of the same sex.
B. 
Sexual misconduct is a Class A violation.
A. 
A person commits the crime of sexual abuse if he subjects another person to whom he is not married to sexual contact, when the other person is incapacitated or 12 or 13 years old.
B. 
Sexual abuse is a Class A offense.
A. 
A person commits the crime of sexual abuse in the second degree if he subjects another person to whom he is not married to sexual contact without that person's consent.
B. 
Sexual abuse in the second degree is a Class B offense unless in the course thereof the actor displays a deadly weapon in a threatening manner, in which case the crime is a Class A offense.
A. 
A person commits the crime of indecent exposure is he knowingly exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm.
B. 
Indecent exposure is a Class A offense.
As used in Sections 215.355 through 215.385:
A. 
PROMOTING PROSTITUTION — A person "promotes prostitution" if, acting other than as a prostitute or a patron of a prostitute, he knowingly:
1. 
Causes or aids a person to commit or engage in prostitution; or
2. 
Procures or solicits patrons for prostitution; or
3. 
Provides persons or premises for prostitution purposes; or
4. 
Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or
5. 
Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby he participates or is to participate in proceeds of prostitution activity; or
6. 
Engages in any conduct designed to institute, aid or facilitate act or enterprise of prostitution.
B. 
PROSTITUTION — A person commits "prostitution" if he engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person.
C. 
PATRONIZING PROSTITUTION — A person "patronizes prostitution" if:
1. 
Pursuant to a prior understanding, he gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him or with another; or
2. 
He gives or agrees to give something of value to another person on an understanding that in return therefore that person or a third person will engage in sexual conduct with him or with another; or
3. 
He solicits or requests another person to engage in sexual conduct with him or with another, or to secure a third person to engage in sexual conduct with him or with another, in return for something of value.
D. 
SEXUAL CONDUCT — Occurs when there is:
1. 
SEXUAL INTERCOURSE — Which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; or
2. 
DEVIATE SEXUAL INTERCOURSE — Which means any sexual act involving the genitals of one person and the mouth, tongue or anus of another person; or
3. 
SEXUAL CONTACT — Which means any touching, manual or otherwise, of the anus or genitals of one person by another, done for the purpose of arousing or gratifying sexual desire of either party.
E. 
SOMETHING OF VALUE — Any money or property, or any token, object or article exchangeable for money or property.
A. 
In any prosecution for prostitution or patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:
1. 
Both persons were of the same sex; or
2. 
The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.
B. 
For the purposes of this section:
1. 
SEXUAL INTERCOURSE — Any penetration, however slight, of the female sex organ by the male sex organ;
2. 
DEVIATE SEXUAL INTERCOURSE — Any act of sexual gratification between persons not lawfully married to one another, involving the genitals of one person and the mouth, tongue or anus of another.
A. 
Any room, building or other structure regularly used for sexual contact for pay as defined in Section 215.365 or any unlawful prostitution activity prohibited by this chapter is a public nuisance.
B. 
The prosecuting attorney may, in addition to all criminal sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.
C. 
All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the Jurisdiction of the court.
D. 
Appeals shall be allowed from the Judgment of the court as in other civil actions.
A. 
A husband commits the crime of nonsupport if he knowingly fails to provide, without good cause, adequate support for his wife; a parent commits the crime of nonsupport if such parent knowingly fails to provide, without good cause, adequate support which such parent is legally obligated to provide for his minor child or his stepchild.
B. 
For purposes of this Section:
1. 
SUPPORT — Food, clothing, lodging, and medical or surgical attention;
2. 
CHILD — Any natural or adoptive, legitimate or illegitimate child;
3. 
GOOD CAUSE— Includes any substantial reason why the defendant is unable to provide adequate support. Good cause does not exist if the defendant purposely maintains his inability to support;
4. 
It shall not constitute a failure to provide medical and surgical attention, if nonmedical remedial treatment recognized and permitted under the laws of this state is provided.
C. 
The defendant shall have the burden of injecting the issues raised by Subdivisions 3 and 4 of Subsection B.
D. 
Criminal nonsupport is a Class A offense.
A. 
A person commits the crime of endangering the welfare of a child if he/she:
1. 
With criminal negligence act in a manner that creates a substantial risk to the life body or health of a child less than 17 years old;
2. 
Knowingly encourages, aids or causes a child less than 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 Section 211.031, RSMo.;
3. 
Being a parent, guardian or other person legally charged with the care or custody of a child less than 17 years of age, recklessly fails or refuses to exercise reasonable diligence in the car 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. 
Knowlingly encourages, aids or causes a child less than 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.
C. 
Endangering the welfare of a child is a Class A offense.
A. 
A person commits the crime of unlawful transactions with a child if:
1. 
Being a pawnbroker, Junk dealer in secondhand goods, or any employee of such person, he with criminal negligence buys or receives any personal property other than agricultural products from an un-emancipated minor, unless the child's custodial parent or guardian has consented in writing to the transaction; or
2. 
He knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in Chapter p, RSMo., is maintained or conducted; or
3. 
He with criminal negligence sells blasting caps, bulk gunpowder, or explosives to a child under the age of 17, or fireworks as defined in Section 320.110, RSMo., to a child under the age of 14, unless the child's custodial parent or guardian has consented in writing to the transaction. Criminal negligence as to the age of the child is not an element of this crime.
B. 
Unlawful transactions with a child is a Class B offense.
As used in Sections 215.410 through 215.460:
A. 
INHABITABLE STRUCTURE — Includes a ship, trailer, sleeping car, airplane, or other vehicle or structure:
1. 
Where any person lives or carries on business or other calling; or
2. 
Where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or
3. 
Which is used for overnight accommodation of persons. Any such vehicle is "inhabitable" regardless of whether a person is actually present.
B. 
OF ANOTHER — Property is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has possessory or proprietary interest therein;
C. 
If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an "inhabitable structure of another";
D. 
UTILITY — An enterprise which provides gas, electric, steam, water, sewerage disposal, communication services and any common carrier. It may be either publicly or privately owned or operated;
E. 
TO TAMPER — To interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing.
F. 
ENTER UNLAWFULLY OR REMAIN UNLAWFULLY — A person "enters unlawfully or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his purpose, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or by other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.
No person shall burn or permit any other person to burn garbage, refuse, yard waste or other combustible materials upon any property which such person owns, leases or otherwise controls. This prohibition shall not apply to any person burning wood or charcoal in any barbecue pit or other barbecue apparatus for the purpose of cooking food, nor will the prohibition apply to any person burning wood using a detached fire pit or chiminea apparatus on a solid surface deck or patio. Fire pits and chimineas are not permitted on grassy or dirt yard surfaces. Garbage, refuse, and yard waste are not permitted to be burned at any time by any resident.
A. 
A person commits the crime of reckless burning or exploding when he knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.
B. 
Reckless burning or exploding is a Class A offense.
A. 
A person commits the crime of property damage in the first degree if:
1. 
He knowingly damages property of another to an extent exceeding $500; or
2. 
He damages property to an extent exceeding $500 for the purpose of defrauding an insurer.
B. 
Property damage in the first degree is a Class A offense.
A. 
A person does not commit an offense by damaging, tampering with, operating, riding in or upon, or making connection with property of another if he does so under a claim of right and has reasonable grounds to believe he has such a right.
B. 
The defendant shall have the burden of injecting the issue of claim of right.
A. 
A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully n a building or inhabitable structure or upon real property.
B. 
A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
1. 
Actual communication to the actor; or
2. 
Posting in a manner reasonably likely to come to the attention of intruders.
C. 
Trespass in the first degree is a Class B offense.
A. 
A person commits the crime of tampering if he:
1. 
Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
2. 
Unlawfully operates or rides in or upon another’s automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle.
B. 
Tampering is a Class A offense.
A. 
A person commits the offense of vehicle tampering if the person:
1. 
Tampers with the vehicle of another for the purpose of causing substantial inconvenience to that other person or to another; or
2. 
Unlawfully rides in or upon another's automobile.
B. 
For purposes of this section, "tampering" shall mean interfering with a vehicle improperly, meddling with a vehicle, displacing a vehicle, or making unwarranted or unauthorized alterations to a vehicle's existing condition, or to deprive the owner or possessor of the vehicle the free use and possession of the vehicle, even if only temporarily.
A. 
No person shall test or pull any doors of successive vehicles, or open or attempt to open the trunk of successive vehicles, that the person does not own or lease, without each owner's or lessee's permission, and which serves no legitimate or lawful purpose and would lead a reasonable person to believe said conduct was in furtherance of a crime. For purposes of this ordinance, "successive" shall mean more than one vehicle.
B. 
No person shall enter a vehicle that person does not own or lease without the owner's or lessee's permission for any illegitimate or unlawful purpose. For purposes of this ordinance, "enter" shall mean being physically present in or accessing a vehicle in a way that would lead a reasonable person to believe said conduct was in furtherance of a crime.
C. 
This section shall not apply to any law enforcement officer, public safety officer or other public employee who performs the acts described herein while in the performance of official duties.
A. 
A person commits the crime of tampering with a utility if he:
1. 
Tampers or makes connection with property of a utility; or
2. 
Knowingly shall accept, or receive the use or benefit of gas, electric current, steam, water, sewage disposal, communication service or cable television service:
a. 
When such gas, electric current, steam, water, sewage disposal, communication service or cable television service should pass through a meter but has been directed therefrom; or
b. 
When such gas, electric current, steam, water, sewage disposal, communication service or cable television service shall have been obtained by diversion of same without authorization from the utility producing or providing such service.
B. 
For the purposes of this section, the presence on a meter or other property of a utility of any wire, pipe or other device whatsoever which affects the diversion of gas, electric current, steam, water, sewage disposal, communication service or cable television service without the proper measurement or registration of such service, or which shall have been installed or attached without the authorization of the utility providing such service shall be prima facie evidence of knowledge thereof on the part of the person who has custody or control of the building or portion of building to which the use or benefit of such service shall have been diverted and shall further be prima facie evidence of the intent of such person to accept or receive the use of such service.
C. 
Tampering with a utility is a Class A offense.
Whoever shall be found in the city trespassing upon the premises of another whereon is located a dwelling house during the hours between one hour after sunset and one hour before sunrise, such person being upon such premises and being then and there engaged in peeping or peering into such dwelling house, or being upon such premises with the intention of peeping or peering into such dwelling house, shall be deemed guilty of a Class A offense.
As used in Sections 215.465 through 215.520:
A. 
ADULTERATED — Varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulations of this city or this state lawfully filed, or if none, as set by commercial usage.
B. 
MISLABELED — Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulations of this city or state lawfully filed, or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled.
C. 
APPROPRIATE — To take, obtain, use, transfer, conceal or retain possession of.
D. 
COERCION — A threat, however communicated:
1. 
To commit any crime; or
2. 
To inflict physical injury in the future on the person threatened or another; or
3. 
To accuse any person of any crime; or
4. 
To expose any person to hatred, contempt or ridicule; or
5. 
To harm the credit or business repute of any person; or
6. 
To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or
7. 
To inflict any other harm which would not benefit the actor.
A threat of accusation, lawsuit or other invocation if official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat.
E. 
CREDIT DEVICE — A writing, number or other device purporting to evidence an undertaking to pay for property of services delivered or rendered to or upon the order of a designated person or bearer.
F. 
DEALER — A person in the business of buying and selling goods,
G. 
DECEIT — Purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term "deceit" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.
H. 
DEPRIVE
1. 
To withhold property from the owner permanently; or
2. 
To restore property only upon payment of reward or other compensation; or
3. 
To use or dispose of property in a manner that makes recovery' of the property by the owner unlikely.
I. 
OF ANOTHER — Property or services is that "of another" if any natural person, corporation, 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.
J. 
PROPERTY — Anything of value whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument.
K. 
RECEIVING — Acquiring possession, control of title or lending on the security of the property.
L. 
SERVICES — Includes transportation, telephone, electricity, gas, water or other public service, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions and use of vehicles.
M. 
WRITING— Includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks and any other symbols of value, right, privilege or identification.
A person commits the crime of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion. Stealing is a Class A offense.
A. 
A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of Section 215.170 unless such property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.
B. 
The defendant shall have the burden of injecting the issue of lost property.
A. 
A person does not commit an offense under Section 215.470 if, at the time of the appropriating he:
1. 
Acted in the honest belief that he had the right to do so; or
2. 
Acted in the honest belief that the owner, if present, would have consented to the appropriation.
B. 
The defendant shall have the burden of injecting the issue of claim of right.
A. 
A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he received, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.
B. 
Evidence of the following is admissible in any criminal prosecution under this section to prove the requisite knowledge or belief of the alleged receiver:
1. 
That he was found in possession or control of other property stolen on separate occasions from two or more persons.
2. 
That he received other stolen property in another transaction within the year preceding the transaction charged.
3. 
That he acquired the stolen property for a consideration which he knew was far below its reasonable value.
C. 
Receiving stolen property is a Class A offense.
A. 
A person commits the crime of issuing a false instrument or certificate when, being authorized by law to take proof or acknowledgment of any instrument which by law may be recorded, or being authorized by law to make or issue official certificates or other official written instruments, he issues the same with the purpose that it be issued, knowing:
1. 
That it contains a false statement or false information; or
2. 
That it is wholly or partly blank.
B. 
Issuing a false instrument or certificate is a Class B offense.
A. 
A person commits the crime of passing a bad check when, with purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee.
B. 
If the issuer has an account with the drawee, failure to pay the check or order within 10 days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would rot be paid.
C. 
Notice in writing means notice deposited as first class mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check or to his last known address.
D. 
Passing bad checks is a Class B offense.
A. 
A person commits the crime of deceptive business practice if in the course of engaging in a business, occupation or profession, he recklessly:
1. 
Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
2. 
Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or services; or
3. 
Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
4. 
Sells, offers or exposes for sale adulterated or mislabeled commodities; or
5. 
Makes a false or misleading written statement for the purpose of obtaining property or credit.
B. 
Deceptive business practice is a Class B offense.
A person commits the crime of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property or services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.
A. 
A person commits the crime of bait advertising if he advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:
1. 
At the price which he offered them; or
2. 
In the quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or
3. 
At all.
B. 
Bait advertising is a Class B offense.
A. 
A person commits the crime of defrauding secured creditors if he destroys, removes, conceals, encumbers, transfers or otherwise deals with the property subject to a security interest with purpose to defraud the holder of the security interest.
B. 
Defrauding secured creditors is a Class B offense.
As used in Sections 215.525 through 215.550:
A. 
PORNOGRAPHIC — Any material or performance is pornographic if, considered as a whole, applying contemporary community standards:
1. 
Its predominant appeal is to prurient interest in sex; and
2. 
It depicts or describes sexual conduct in a patently offensive way; and
3. 
It lacks serious literary, artistic, political or scientific value.
In determining whether any material or performance is pornographic, it shall be judged with reference to its impact upon ordinary adults.
B. 
MATERIAL — Anything printed or written, or any picture, drawing, photograph, motion picture film, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical or electrical reproduction, or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates and other latent representational objects;
C. 
PERFORMANCE — Any play, motion picture film, dance or exhibition performed before an audience;
D. 
PROMOTE — To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, public, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same;
E. 
FURNISH — To issue, sell, give, provide, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
F. 
WHOLESALE PROMOTE — To manufacture, issue, sell, provide, mail, deliver, transmute, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purposes of resale;
G. 
MINOR — Any person under the age of 18.
H. 
PORNOGRAPHIC FOR MINORS — Any material or performance is "pornographic for minors" if it is primarily devoted to description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and:
1. 
Its predominant appeal is to prurient interest in sex; and
2. 
It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
3. 
It lacks serious literary, artistic, political, or scientific value for minors.
I. 
NUDITY — The showing of post-pubertal human genitals or pubic area, less than a fully opaque covering;
J. 
SEXUAL CONDUCT — Acts of human masturbation, deviate sexual intercourse, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, public area, buttocks or the breast of a female in an act of apparent sexual stimulation or gratification;
K. 
SEXUAL EXCITEMENT — The condition of human male or female genitals when in a state of sexual stimulation or arousal;
L. 
SADOMASOCHISTIC ABUSE — Flagellation or torture by or upon a person as an act of sexual stimulation or gratification;
M. 
EXPLICIT SEXUAL MATERIAL — Any pictorial or three dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition;
N. 
DISPLAYS PUBLICLY — Exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others.
A. 
A person commits the crime of promoting pornography in the second degree if, knowing its content and character, he:
1. 
Promotes or possesses with the purpose to promote any pornographic material for pecuniary gain; or
2. 
Produces, presents, directs or participates in any pornographic performance for pecuniary gain.
B. 
Promoting pornography in the second degree is a Class A offense.
A. 
A person commits the crime of furnishing pornographic material to minors if, knowing its content and character, he:
1. 
Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
2. 
Produces, presents, directs, or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance.
B. 
Furnishing pornographic material to minors is a Class A offense.
A. 
In any prosecution under this Chapter evidence shall be admissible to show:
1. 
What the predominant appeal of the material or performance would be for ordinary adults or minors;
2. 
The literary, artistic, political or scientific value of the material or performance;
3. 
The degree of public acceptance in this state and in the local community;
4. 
The appeal to prurient interest in advertising or other promotion of the material or performance;
5. 
The purpose of the author, creator, promoter, furnisher, or publisher of the material or performance.
B. 
Testimony of the author, creator, promoter, furnisher, publisher, or expert testimony, relating to factors entering into the determination of the issues of pornography, shall be admissible.
A. 
A person commits the crime of public display of explicit sexual material if he knowingly:
1. 
Displays publicly explicit sexual material; or
2. 
Fails to take prompt action to remove such a display from property in his possession after learning of its existence.
B. 
Public display of explicit sexual material is a Class A offense.
A. 
A person commits the offense of peace disturbance if:
1. 
He/she unreasonably and knowingly causes alarm to another person or persons not physically on the same premises by:
a. 
Personally abusive language addressed in a face-to-face manner to a specific individual and uttered under circumstances such that the words have a direct tendency to cause an immediate violent response by a reasonable recipient; or
b. 
Tending to incite a fight; or
c. 
Fighting.
2. 
He/she is in a public place or on private property of another without consent and unreasonably and knowingly causes alarm to another person or persons by:
a. 
Personally abusive language addressed in a face-to-face manner to a specific individual and uttered under circumstances such that the words have a direct tendency to cause an immediate violent response by a reasonable recipient; or
b. 
Tending to incite a fight; or
c. 
Fighting.
3. 
He/she is in a public place or on his/her own or another's private property and creates loud and unusual noises, other than speech, that would unreasonably disturb a person of normal and ordinary sensibilities.
4. 
He/she is in a public place or on the private property of another without consent and intentionally and unreasonably obstructs vehicular or pedestrian traffic or the free ingress and egress from public or private places.
B. 
It shall be unlawful and a Class B offense for any person to commit an act of peace disturbance.
A. 
A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:
1. 
Fighting.
B. 
It shall be unlawful and a Class B offense for any person to commit an act of private peace disturbance.
For the purposes of Sections 215.555 and 215.560:
A. 
PROPERTY OF ANOTHER — Any property in which the actor does not have a possessory interest;
B. 
PRIVATE PROPERTY — Any place which at the time is not open to the public. It includes property which is owned publicly or privately;
C. 
PUBLIC PLACE — Any place which at the time is open to the public. It includes property which is owned publicly or privately;
D. 
If a building or structure is divided into separately occupied units, such units are separate premises.
A. 
A person commits the crime of unlawful assembly if he knowingly assembles with six or more other persons and agrees with such persons to violate any of the criminal laws of this city, this state or of the United States with force or violence.
B. 
Unlawful assembly is a Class B offense.
A. 
A person commits the crime of rioting if he knowingly assembles with six or more other persons and agrees with such persons to violate any of the criminal laws of this city, this state or of the United States with force or violence, and thereafter, while still so assembled, does violate any of said laws with force or violence.
B. 
Rioting is a Class A offense.
A. 
A person commits the crime of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a law enforcement officer to depart from the scene of such unlawful assembly or riot.
B. 
Refusal to disperse is a Class A offense.
A person commits the crime of keeping a disorderly premises if he shall permit, allow or encourage any peace disturbance, as defined in Sections 215.555 and 215.560, to occur or continue on premises owned or controlled by him. Keeping disorderly premises is a Class A offense.
The following definitions shall apply to Sections 215.590 through 215.705:
A. 
AFFIDAVIT — 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;
B. 
GOVERNMENT — Any branch or agency of the government of this state or of any political subdivision thereof;
C. 
JUDICIAL PROCEEDING — Any official proceeding in court, or any proceeding authorized by or held under the supervision of a court;
D. 
JUROR — A grand or petit Juror, including a person who has been drawn or summoned to attend as a prospective juror;
E. 
OFFICIAL PROCEEDING — Any cause, matter, or proceeding where the laws of this state require that evidence considered therein be under oath or affirmation;
F. 
PUBLIC RECORD — Any document which a public servant is required by law to keep;
G. 
TESTIMONY — Any oral statement under oath or affirmation.
A. 
A person commits the crime of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another person for conduct constituting a crime, 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 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.
B. 
Hindering prosecution is a Class A violation.
A. 
A person commits the crime of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which said affidavit is made.
B. 
For the purposes of Subsection A of this Section, the following shall apply:
1. 
A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect the course or outcome of the cause, matter or proceeding.
2. 
Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:
a. 
The defendant mistakenly believed the fact to be immaterial; or
b. 
The defendant was not competent, for reasons other than mental disability or immaturity, to make the statement.
C. 
It is a defense to a prosecution under Subsection A of this Section that the actor retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
1. 
The falsity of the statement was exposed; or
2. 
Any person took substantial action in reliance on the statement.
D. 
The defendant shall have the burden of injecting the issue of retraction under Subsection C of this Section.
E. 
Making a false affidavit is a Class A offense if done for the purpose of misleading a public servant in the performance of his duty; otherwise making a false affidavit is a Class C offense.
A. 
A person commits the crime of making a false declaration if, with the purpose to mislead a public servant in the performance of his duty, he:
1. 
Submits any written false statement, which he does not believe to be true:
a. 
In an application for any pecuniary benefit or other consideration; or
b. 
On a form bearing notice, authorized by law, that false statements made therein are punishable; or
2. 
Submits or invites reliance on:
a. 
Any writing which he knows to be forged, altered or otherwise lacking in authenticity; or
b. 
Any sample, specimen, map, boundary mark, or other object which he believes to be false.
B. 
The falsity of the statement or the item under Subsection 1 of this section must be as to a fact which is material to the purpose for which the statement is made or the item submitted.
C. 
It is a defense to a prosecution under Subsection 1 of this section that the actor retracted the false statements or item but this defense shall not apply if the retraction was made after:
1. 
The falsity of the statement or item was exposed; or
2. 
The public servant took substantial action in reliance on the statement or item.
D. 
The defendant shall have the burden of injecting the issue of retraction under Subsection C of this section.
E. 
Making a false declaration is a Class B offense.
No person shall be convicted of a violation of Sections 215.595, 215.600, or 215.605 based upon the making of a false statement except upon proof of the falsity of the statement by:
A. 
The direct evidence of two witnesses; or
B. 
The direct evidence of one witness together with strongly corroborating circumstances; or
C. 
Demonstrative evidence which conclusively proves the falsity of the statement; or
D. 
A directly contradictory statement by the defendant under oath together with:
1. 
The direct evidence of one witness; or
2. 
Strongly corroborating circumstances; or
E. 
A judicial admission by the defendant that he made the statement knowing it was false. An admission, which is not a judicial admission, by the defendant that he made the statement knowing it was false may constitute strongly corroborating circumstances.
A. 
A person commits the crime of making a false report if he/she knowingly:
1. 
Gives false information to a law enforcement officer for the purpose of implicating another person in a crime;
2. 
Makes a false report to a law enforcement officer that a crime 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.
B. 
It is a defense to a prosecution under Subsection A of this section that the person retracted the false statement or report before the Law Enforcement officer or any other person took substantial action in reliance thereon.
C. 
The defendant shall have the burden of injecting the issue of retraction under Subsection B of this section.
D. 
Making a false report is a Class B offense.
A. 
A person commits the crime of making a false bomb report, if he knowingly makes a false report of causes a false report to be made to any person that a bomb or other explosive has been placed in any public or private place or vehicle.
B. 
Making a false bomb report is a Class A offense.
A. 
A person commits the crime of tampering with physical evidence if he/she:
1. 
Alters, destroys, suppresses or conceals any record, documents or thing with 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 purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.
B. 
Tampering with physical evidence is a Class A offense.
A. 
A person commits the crime of tampering with a public record if the purpose is to impair the verity, legibility or availability of a public record:
1. 
He knowingly makes a false entry in or falsely alters any public record; or
2. 
Knowing he lacks authority to do so, he destroys, suppresses or conceals any public record.
B. 
Tampering with a public record is a Class A offense.
A. 
A person commits the crime of false impersonation if he:
1. 
Falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts, and:
a. 
Performs an act in that pretended capacity; or
b. 
Causes another to act in reliance upon his pretended official authority; or
2. 
Falsely represents himself 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:
a. 
Performs an act in that pretended capacity; or
b. 
Causes another to act in reliance upon such representation.
B. 
False impersonation is a Class B offense unless the person represents himself to be a law enforcement officer, in which case false impersonation is a Class A offense.
A. 
A person commits the crime of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered:
1. 
A request for the payment of money on behalf of any creditor that in form and substance simulated any legal process issued by any court of this state; or
2. 
Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.
B. 
This section shall not apply to a subpoena properly issued by a notary public.
C. 
Simulating legal process is a Class B offense.
A. 
A person commits the crime of resisting or interfering with arrest if, knowing that a law enforcement officer is making an arrest, for the purpose of preventing the officer from effecting the arrest, he:
1. 
Resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from such officer; or
2. 
Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference.
B. 
This section applies to arrests with or without warrants and to arrests for any crime or section violation.
C. 
It is no defense to a prosecution under Subsection 1 of this section that the law enforcement officer was acting unlawfully in making the arrest. However, nothing in this section shall be construed to bar civil suits for unlawful arrest.
D. 
Resisting or interfering with arrest is a Class A offense.
A. 
A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he interferes with or obstructs such person.
B. 
“Process” includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.
C. 
Interference with legal process is a Class B offense.
A. 
Any employer, or any agent who is in charge of a business establishment, commits the crime of refusing to make an employee available for service of process is he 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.
B. 
Refusing to make an employee available for service of process is a Class C offense.
A. 
A law enforcement officer commits the crime 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 fails to execute any arrest warrant, capias, or other lawful process ordering apprehension or confinement of such person, which he is authorized and required by law to execute.
B. 
Failure to execute an arrest warrant is a Class A offense.
A. 
A person commits the crime 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.
B. 
Refusal to identify as a witness is a Class C offense.
A. 
A person commits the crime of interfering with a prisoner or aiding escape of a prisoner if he:
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.
3. 
Gives away or sells, or attempts to give away or sell, to any person confined in any city mail or in custody of any peace officer in the city anything whatsoever without the consent of the person in charge of such jail or person having such custody.
B. 
Interfering with a prisoner or aiding escape of a prisoner is a Class A offense.
A. 
A person commits the crime of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party or witness, and thereby to 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.
B. 
Disturbing a judicial proceeding is a Class A offense.
A. 
A person commits the crime of tampering with a witness if, with purpose to induce a witness or a prospective witness in an official proceeding to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he:
1. 
Threatens or causes harm to any person or property; or
2. 
Uses force, threats or deception; or
3. 
Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness.
B. 
Tampering with a witness is a Class A offense.
A. 
A person commits the crime of improper communication if he 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.
B. 
Improper communication is a Class B offense.
A. 
A public servant, in his public capacity or under color of his office or employment, commits the crime of misconduct in administration of justice if:
1. 
He is charged with the custody of any person accused or convicted of any crime of municipal ordinance violation and he coerces, threatens, abuses or strikes such person for the purpose of securing a confession from him;
2. 
He knowingly seizes or levies upon any property or dispossesses anyone of any lands or tenements without due and legal process, or other lawful authority;
3. 
He is a judge and knowingly accepts a plea a guilty from any person charged with a violation of a statute or section at any place other than at the place provided by law for holding court by such judge;
4. 
He is a law enforcement officer and violates the provisions of Section 544.170 RSMo., by knowingly:
a. 
Refusing to release any person in custody who is entitled to such release; or
b. 
Refusing to permit a person in custody to see and consult with counsel or other persons; or
c. 
Transferring any person in custody to the custody or control of another, or to another place, for the purposes of avoiding the provisions of that section; or
d. 
Preferring against any person in custody a false charge for the purpose of avoiding the provisions of that section.
B. 
Misconduct in the administration of justice is a Class A offense.
A. 
A person commits the crime of obstructing government operations if he 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.
B. 
Obstructing governmental operations is a Class B offense.
A. 
A public servant, in his public capacity or under color of his office or employment, commits the crime of official misconduct if:
1. 
He 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. 
He 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 employment, that is not due, or that is more than is due, or before it is due;
3. 
He knowingly collects taxes when none are due, or exacts or demands more than is due;
4. 
He is a city treasurer, city clerk, or other municipal officer, or judge of a municipal court, 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. 
He is an officer or employee of any court and knowingly charges, collects or receives less fee for his services than is provided by law;
6. 
He 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.
B. 
Official misconduct is a Class A offense.
A. 
A public servant commits the crime of misuse of official information if, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he 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 on any person.
B. 
Misuse of official information is a Class A offense.
A. 
A person commits the offense of deceiving a law enforcement officer if he shall knowingly deceive a law enforcement officer for the following purposes:
1. 
To prevent discovery of any offense or crime which has been or is being committed by any person; or
2. 
To prevent or hinder investigation, apprehension, prosecution, conviction or punishment of any person for conduct constituting an offense under the sections of the City of Lakeshire or the laws of the State of Missouri.
B. 
It is a defense to a prosecution under this Section that the actor retracted the false information or removed the deception but this defense shall not apply if the retraction or removal was made after:
1. 
The falsity of the information or the deception was exposed; or
2. 
Any law enforcement officer took substantial action in reliance on the false information or deception.
C. 
The defendant shall have the burden of injecting the issue of retraction or removal under Subsection B of this section.
D. 
Deceiving a law enforcement officer is a Class A offense.
No person may operate a vehicle on the streets while under the influence of intoxicating liquor or drugs. By the term “under the influence of intoxicating liquor or drugs” is meant that degree of influence which affects to an appreciable degree the ability of the operator to operate his vehicle in a manner in which an ordinarily prudent and cautious person in full possession of his faculties would operate his vehicle under like conditions. Any person who by reason of thickness of speech, or incoherence, or visible degree of lack of muscular coordination, or by other, customary indicia of excessive use of alcohol or drugs shall be prima facie considered to be “under the influence.”
A. 
No person shall drive a motor vehicle when the person has 0.08 of 1% or more by weight of alcohol in his blood. As used in this section percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood and may be shown by chemical analysis of the person’s blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person’s blood under this section, the tests shall be conducted in accordance with the provisions of sections 577.020 to 577.041 of the Revised Statutes of Missouri, as amended.
B. 
A person shall not be convicted under sections 215.730 and 215.732, but shall be convicted under only one of said sections.
A. 
Any arrest for driving while intoxicated shall be handled as an other arrest for an offense of the same severity, except as follows:
1. 
As soon as practicable following such arrest, the police department shall obtain the driving record of the person arrested.
2. 
No person who has a prior state conviction for driving while intoxicated or driving with excessive blood alcohol content within 10 years of the date of the present alleged offense shall be prosecuted through the municipal court until after the state prosecuting attorney shall have had the opportunity to review the case and to consider filing appropriate state charges.
3. 
No person, regardless of his prior conviction record, shall be prosecuted through the municipal court where it appears possible that a charge of vehicular manslaughter (RSMo. §577.008) might be sustained, until after the state prosecuting attorney shall have had the opportunity to review the case and to consider filing appropriate charges.
B. 
In all other cases, the city prosecuting attorney shall have the discretion to file the appropriate charge with the municipal court or he may refer the case to the state prosecuting official.
C. 
The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this section shall not invalidate any prosecution or be cause to overturn any conviction for violations of Sections 215.730 or 215.732 above, but may be reason for discipline of the city official(s) violating this section.
A person charged with driving while intoxicated (Section 215.730) or driving with blood alcohol content (Section 215.732) shall have his case heard in municipal court except in accordance with the following procedure:
A. 
The defendant must either be represented by an attorney, or must voluntarily waive his right to such representation by execution of written waiver. If the defendant chooses to do neither (or if because he is an indigent is unable to employ an attorney), the prosecution of the case shall be suspended and the case referred to the state prosecuting official. Only if the state prosecuting official declines to proceed with a state criminal prosecution shall the municipal prosecution be resumed.
B. 
Neither the municipal judge nor any other municipal officer shall have the power to revoke any operator’s or chauffeur’s license.
Effective January 1, 1984, the municipal court may, in connection with the disposition of any offense which is a “point offense” resulting in the assessment of 1, 2 or 3 or 4 points by the state Director of Revenue under the provisions of RSMo. §302.302(1), (2), or (4), order the staying of the assessment of points upon satisfactory completion of a driver improvement program approved by the state director of the Department of Public Safety, as provided by RSMo. §302.302.4.
A. 
Upon the trial of any person for violation of any of the provisions of sections 215.730-215.749 or upon the trial or any violations or municipal ordinances arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person’s blood at the time of the act alleged as shown by any chemical analysis of the person’s blood, breath, saliva, or urine is admissible in evidence and the provisions of Subdivision (5) of section 491.060 RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was 0.10 of 1% or more by weight of alcohol in the person’s blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
B. 
Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood.
C. 
The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.
D. 
A chemical analysis of a person’s breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection 1 of this section, shall have been performed as provided in sections 577.020 to 577.041 RSMo. and in accordance with methods and standards approved by the state division of health.
E. 
Any charge alleging a violation of section 577.010 or 577.012 RSMo. or any municipal ordinance prohibiting driving while intoxicated, driving under the influence of alcohol or driving with excessive blood alcohol content shall be dismissed with prejudice if a chemical analysis of the defendant’s breath, blood, saliva, or urine performed in accordance with sections 577.020 to 577.041 RSMo. and rules promulgated thereunder by the state division of health demonstrate that there was less than 0.10 of 1% of alcohol in the defendant’s blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:
1. 
There is evidence that the chemical analysis is unreliable as evidence of the defendant’s intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;
2. 
There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or
3. 
There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.
An arrest without a warrant by a law enforcement officer, including a uniformed member of the state highway patrol, for a violation of section 215.730 or 215.732 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the section, whether or not the violation occurred in the presence of the arresting officer; provided, however, that any such arrest without warrant must be made within 1 1/2 hours after such claimed violation occurred.
Upon a plea of guilty or a finding of guilty for a first offense of violating the provisions of Section 215.730 or 215.732 of violations of municipal ordinances involving alcohol or drug related traffic offenses, the court may, in addition to imposition of any penalties provided bylaw, order the convicted person to reimburse the City or other local law enforcement agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made to determine the alcohol or drug content of the person’s blood, and the costs of processing, charging, booking and holding such person in custody. The City may establish a schedule of such costs, however, the court may order the costs reduced if it determines that the costs are excessive.
If a person under arrest refuses upon the request of the arresting officer to submit to any test allowed under Section 215.735, then none shall be given and evidence of the refusal shall be admissible in a proceeding under Section 215.730 or 215.32. The request of the arresting officer shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of his refusal to take the test may be used against him and that his license may be evoked upon his refusal to take the test. If a person when requested to submit to any test allowed under Section 215.735 requests to speak to an attorney, he shall be granted 20 minutes in which to attempt to contact an attorney. If upon the completion of the twenty-minute period the person continues to refuse to submit to any test, if shall be deemed a refusal. In this event, the arresting officer, if he so believes, shall make a sworn report to the director of revenue that he has reasonable grounds to believe that the arrested person was driving a motor vehicle while in an intoxicated condition and that, on his request, refused to submit to the test. Upon receipt of the officer’s report, the director shall revoke the license of the person refusing to take the test for a period of one year; or if the person arrested be a nonresident, his operating permit or privilege shall be revoked for one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, an order shall be issued denying the person the issuance of a license or permit for a period of one year.
A. 
Upon a plea of guilty of a finding of guilty for a first offense of violating the provisions of section 215.730 - 215.740 or violations of county of municipal codes involving alcohol or drug related traffic offenses, the court may, as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law, section 557.011, RSMo., to the contrary notwithstanding, order the convicted person to participate in and successfully complete an alcohol or drug related traffic offender education or rehabilitation program which meets or exceeds minimum standards established by the department of public safety and the department of mental health. Such a program may be used as a condition for suspending any permissible portion of any sentence only one time.
B. 
The cost of the program shall be paid by the person attending the program.
C. 
The clerk of the court which orders any person to participate in an alcohol education or rehabilitative program shall send a record of the participation and completion of the program to the Missouri state highway patrol for inclusion in the Missouri uniform law enforcement systems records.
A. 
Definitions. For the purpose of this section, the following terms shall have the meaning given herein.
LITTER
The scattering or dropping of rubbish or trash or other matter.
RUBBISH
Any type of debris or rejected matter.
TRASH
Worn out, used, broken up or worthless matter or material.
B. 
It shall be unlawful for any person, firm association or corporation to drive, move or propel a vehicle, or to allow a vehicle owned by such person, firm, association or corporation to be driven, moved, propelled in such a manner as to cause to be spilled, dropped or jostled onto any street, highway, thoroughfare, sidewalk or other public place in the City of Lakeshire any trash or rubbish, or to load or allow a vehicle to be so loaded so that the contents, or any portion of the contents of such vehicle shall be spilled, dropped or jostled from such vehicle. Vehicles, including trucks loaded with or transporting any construction material, dirt, earth, clay, stone, macadam, brick, paper, cement, sand, fuel, coal, wood, refuse or garbage shall be loaded and the vehicle shall be in such condition so that none of the contents shall be loosed or spilled along the route which the vehicle is traveling.
C. 
It shall be unlawful for any person to throw or cause to be thrown, or permit anyone in his or her employ to throw, onto any public highway, thoroughfare, street, sidewalk, or other public place any kind of wire, scrap paper, or any ashes, cans or glass of any character, or animal, vegetable or any other substance whatever, or any type of advertising matter, or to distribute or cause to distributed, or permit anyone in his or her employ to distribute, any type of advertising matter in a manner as to cause the littering of any public highway, thoroughfare, street, sidewalk or other public place. It shall further be unlawful for any person to sweep or cause to be swept, or cause anyone in his or her employ to sweep, from any building or residence, any refuse or dirt from such building onto any public highway, thoroughfare, street, sidewalk, or other public place in the City of Lakeshire.
D. 
It shall be unlawful for any person operating a vehicle or being a passenger in any vehicle to throw or cause to be thrown from such vehicle onto any public highway, thoroughfare, street, sidewalk or other public place in the City of Lakeshire any rubbish or trash, fruit or fruit particles, wrappers, containers, papers, paper products, bottles, glass, cans, hulls, hand bills, confetti, shavings, shells, stalks, animals, cloth or any other material of any kind which would render such public highway, thoroughfare, street, sidewalk or other public place unsightly, unsafe, unclean, or unsanitary.
E. 
The owner or person in control of any private property shall at all times maintain the premises free of litter. No person shall throw or deposit litter on any private property in the City of Lakeshire, whether owned by such person or not; provided, however, that the owner or person in control of private property may maintain authorized private receptacles for the deposit of rubbish or other waste materials, in such a manner that waste materials will be prevented from being carried or deposited onto any public or private property.
F. 
Any person, firm, association or corporation who violates any of the provisions of this section shall be deemed guilty of a Class C offense.
A. 
A person commits the crime of abandoning a motor vehicle if he abandons any motor vehicle on the right-of-way of any public road or state highway or on or in any of the waters in this state or on the banks of any stream, or on any land or water owned, operated or leased by the state, any board, department, agency or commission thereof, or any political subdivision thereof or on any land or water owned, operated or leased by the federal government or on any private real property owned by another without his consent.
B. 
Abandoning a motor vehicle is a Class A offense.
A. 
A person commits the crime of abandonment of airtight icebox if he abandons, discards, or knowingly permits to remain on premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of 1 1/2 cubic feet or more and an opening of 50 square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door of lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein.
B. 
Subsection A of this section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman or repairman.
C. 
The defendant shall have the burden of injecting the issue under Subsection B of this section.
D. 
Abandonment of an airtight icebox is a Class B offense.
A. 
A person commits the offense of impeding the use of streets, sidewalks or alleys if he shall interfere with, impede, or obstruct the free use of any street, sidewalk or alley by another by:
1. 
Coasting, roller skating, ice skating or skate boarding on any street, sidewalk or alley; or
2. 
Flying kites on any street, sidewalk or alley; or
3. 
Playing baseball, football, soccer or any other game or sport on any street, sidewalk or alley; or
4. 
Sitting, standing, lying or loitering on any street, sidewalk or alley; or
5. 
By any other conduct which impedes or obstructs the free use of any street, sidewalk or alley by another; or by conduct which causes others to obstruct streets, sidewalks or alleys.
B. 
Impeding the use of streets, sidewalks or alleys is a Class C offense.
A. 
It shall be unlawful for any person to distribute or place, or cause to be distributed or placed on any street or sidewalk of the City any loose bills or circulars of an advertising nature. It shall further be unlawful for any person to distribute or place, or cause to be distributed or placed, on or in any private property or in automobiles or other vehicles, any loose bills or circulars of an advertising nature without having secured the prior consent of the owner thereof.
B. 
Any violation of this Section is a Class C offense.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall wear or carry concealed upon or about his person, or display in a threatening manner or have in his possession when intoxicated, or directly or indirectly sell, deliver, barter, loan or otherwise give to any minor person without the consent of the parent or guardian of such minor, any dangerous or deadly weapon of any kind of description, which shall include but not be limited to any kind of fire-arm of the type or size that can be concealed upon the body of a person, or missile propelling gun operated by gas, air or spring, or slingshot, or cross-knuckles or knuckles of metal or other hardened material, or bowie knife, spring-back knife, switchblade knife, razor, sword cane, dagger, dirk, bayonet, sap, billie sling-shot, chain length. Hand fire-arms loaded with gunpowder and bullets and carried in a motor vehicle shall be considered as concealed whether the same be visible or not.
B. 
Carrying concealed weapons shall be a Class A offense as shall be any other violation of this section.
A. 
No person who has been issued a concealed carry endorsement by the Missouri Director of Revenue under Section 571.094 RSMo. or who has been issued a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the City.
B. 
Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the City stating that carrying of firearms is prohibited. Where the City owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that carrying of firearms is prohibited.
C. 
This section shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges, or private dwellings owned, leased or controlled by the city.
D. 
Any person violating this section may be denied entrance to the building or ordered to leave the building. Any city employee violating this section may be disciplined. No other penalty shall be imposed for a violation of this section.
E. 
No person who has been issued a certificate of qualification which allows the person to carry a concealed firearm before the Director of Revenue begins issuing concealed carry endorsements in July, 2004, shall, by authority of that certificate, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the City.
A. 
No City employee, except police officers, including those who have been issued a concealed carry endorsement by the Missouri Director of Revenue under Section 517.094 RSMo. or who have been issued a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm any place in the City of Lakeshire while that employee is on duty.
B. 
Any employee violating this section may be disciplined in accordance with the City of Lakeshire’s Personnel Rules and Regulations.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall possess any nippers, known as burglars nippers, any lock pick, skeleton key, key to be used with bit or bits, jimmy claw or crowbar, or any other similar instruments or tolls or any nature, kind or description, unless it be shown that such possession is innocent or for any lawful purpose.
B. 
Possession of Burglar tools shall be a Class A offense as shall be any other violation of this section.
A. 
No person shall in any way hinder, obstruct, or prevent any fireman or other employee of a duly constituted fire protection district from performing his lawful duties upon public or private property within the City of Lakeshire.
B. 
No person shall drive any type of vehicle over a fire hose on public or private property without the permission of a fire protection district employee.
C. 
Any violation of this section shall be a Class B offense.
A. 
It shall be unlawful for any person to discharge on the streets and ways of the City, or in any park of playground or vacant lot, unless archery or target practice be permitted in the park or playground, any air rifle, air gun or pistol, spring gun, or gun or rifle containing a gas-propelled cartridge, or any other similar weapon, whether such be classed as a toy or not, which impels with force a metal pellet of any kind of on the same areas and under the same circumstances to propel any metal or sharp pointed arrow; provided that nothing herein shall prevent the use of discharge of firearms by any police or peace officer lawfully acting as such, or any other person otherwise authorized by ordinance or executive order.
B. 
It shall be unlawful for any dealer or merchant to sells toys, firearms, guns, or similar weapons, to sell, deliver or give any air rifle, air gun or pistol, spring gun, or gun or rile operated with a gas-propelled cartridge, metal or sharp pointed arrow, or any other similar weapon to any minor under the age of 17 years.
C. 
It shall be unlawful for any person under the age of 17 years to have in his possession while on the streets or ways of the City or in any park, playground, or vacant lot, unless archery or target practice be permitted in such park of playground, any air rifle, air gun or pistol, spring guns, or gun or rifle containing a gas-propelled cartridge, metal or sharp pointed arrow, or any similar weapon.
D. 
It shall be unlawful for any person upon private premises to discharge, operate, propel, or use any air rifle, air gun or pistol, spring gun, or gun or rifle containing a gas-propelled cartridge, metal or sharp pointed arrow in such a manner and under such circumstances as to cause the projectile to go beyond such particular premises and enter or land upon other private premises on the streets, ways, and public places of the City of Lakeshire.
E. 
Violation of this section is a Class B offense.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall have in his possession or control or manufacture, offer to sell, give away or otherwise dispose of to another or others, or break, open, explode or otherwise use, or aid another to use, any stink bomb or any stinking, offensive, smelling or injurious substance contained in any bomb, vial, capsule, or other container which is so devised as to be broken, exploded, or otherwise opened for the purpose of emanating an unpleasant, offensive, or injurious odor for the purpose of annoying, pestering, offending or injuring another or his property.
B. 
Violation of this Section is a Class B offense.
A. 
No person or persons shall place, store, or display articles, items, or other objects on private premises within the City of Lakeshire if such placing, storing, or displaying is unsightly and offensive to the view of average, reasonable persons.
B. 
If any person or persons is determined by the Board of Aldermen of the City of Lakeshire to be in violation of these provisions, such person or persons shall be given written notification by the Board of Aldermen of such determination.
C. 
If, in the opinion of the Board of Alderman, such person or persons have failed to eliminate the offensive and unsightly condition within 48 hours after receipt of the written notification from the Board of Aldermen, then the Board of Aldermen shall so inform the City Attorney who shall then issue a summons for said person to appear in Municipal Court.
D. 
Any violation of this Section is a Class C offense.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall be found in a state of intoxication in any public place or upon the private property of another to the annoyance of any other person. Refusal of a person to submit to proffered blood-alcohol test shall be deemed an admission of intoxication by that person.
B. 
Any violation of this Section is a Class C offense.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall when engaged in business as pawnbroker, junk dealer, agent in second hand goods or other merchant, himself or by agent, buy, receive or otherwise take into his possession any auto accessories, junk or other personal property of any value whatsoever from a minor without the consent of such minor’s parent or guardian so to do, had in writing.
B. 
Any violation of this Section is a Class C offense.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall throw any stone, snowball or any other missile of any nature whatsoever upon or at any vehicle, building, tree, or other public or private property or upon or at any person, in any public or private way or place, with the intent to annoy, pester, offend, or injure another or his property.
B. 
Any violation of this Section is a Class C offense.
A. 
The words “fireworks” and “fireworks displays” includes all items, and objects as are commonly designated and considered to be included within the meaning of these terms. The word City as hereafter used shall mean the City of Lakeshire.
B. 
No person, corporation, or partnership, association, or group of any other designation or nature shall at any time make any purchase, sale, or delivery of any fireworks display (with the exception of the fireworks hereinafter designated and listed) at any time whatsoever, within the limits and environs of the City.
C. 
No person, corporation, partnership, association or group of any other designation or nature shall at any time transport into or within the City any fireworks or fireworks display (with the exception of the fireworks hereinafter designated and listed) for the purpose of sale, purchase, delivery, exploding, setting off, use or display of said fireworks and fireworks display within the limits and environs of the City.
D. 
No person or group shall at any time explode, set off, use or display fireworks or fireworks displays (with the exception of the fireworks hereinafter designated and listed) except in the manner hereinafter provided.
E. 
Provided, however, that nothing contained in this Chapter shall be deemed to regulate or prohibit the sale, purchase, delivery, explosion, setting off, use or display of any of the following fireworks or fireworks display: Sparklers, colored flares; box fires and torches; cylindrical fountains with handle, base, or spindle, colored cone fires; wheels and magic snakes; toy cap pistols; cone fountains, and colored shells that are not designed to produce an audio effect.
F. 
Nothing contained in this Chapter shall prevent the Board of Aldermen, upon application being made, from granting permission and license, to operate an organized fireworks display, upon the Board of Aldermen being satisfied that such organized display will be conducted without danger to the spectators or inhabitants.
[Ord. No. 1145, 5-13-2024]
A. 
It shall be unlawful to house or keep work animals, animals normally considered wild, animals normally raised for human consumption, such as horses, mules, steers, cows, and rabbits, or snakes in excess of six (6) feet long, within the limits of the City of Lakeshire. Nothing in this Section shall prohibit the keeping of dogs, cats, birds or other domestic pets.
B. 
The keeping of up to six (6) chickens in total on a single parcel shall be permitted as provided in this Section if a permit has been issued by the Building Commissioner. A permit to keep not more than six (6) chickens in total on a single parcel shall be issued by the Building Commissioner if the following conditions are satisfied:
1. 
The chickens must be adequately confined within a rear yard in a pen surrounded by wire netting or other fence as a provision to prevent their escape therefrom.
2. 
The pen shall be maintained in a safe and sanitary condition.
3. 
Any manure or other discharges from the chickens shall be collected and properly removed from the premises or tilled into the soil on the premises promptly and regularly to prevent the spreading of offensive smells or diseases.
4. 
The keeping of roosters shall be strictly prohibited.
5. 
No slaughtering of any chickens kept pursuant to a permit issued under this Section shall be allowed.
6. 
No person shall keep chickens in any manner as to create a nuisance under Chapter 600 of this Code.
7. 
In addition to the above conditions, the pen shall be considered an "accessory structure" pursuant to Section 500.070 of this Code and all regulations thereto must be satisfied prior to the issuance of a permit pursuant to this Section.
C. 
The keeping of chickens pursuant to a permit issued under this Section shall comply with all ordinances of the City. Nothing in this Section shall be deemed to preclude the enforcement of any violation of any City ordinances committed in connection with the keeping of chickens, notwithstanding the issuance of such permit by applying for a permit under this Section the property owner authorizes City officials at all reasonable times and in a reasonable manner to enter upon and inspect the property with respect to which such permit is applied for to determine whether the keeping of chickens violates this Section or any other applicable ordinances.
D. 
Revocation Of Permit.
1. 
The Building Commissioner shall revoke any permit issued for the keeping of chickens for violation of any of the conditions stated in this Section or if any of the following conditions are found to exist:
a. 
Excessive noise created by the chickens is audible from adjacent property.
b. 
The chickens are not kept in safe and sanitary condition.
c. 
The chickens are not properly confined.
d. 
The keeping of the chickens creates a nuisance.
2. 
Actions To Be Taken.
a. 
If a complaint is filed regarding a violation of any of the conditions stated in this Section, or, in the absence of a complaint, in the discretion of the Building Commissioner, an investigation of any potential violations shall be made by the Building Commissioner or designee.
b. 
If the investigation substantiates the existence of a violation of such conditions, a letter shall be sent by certified mail to the property owner notifying the property owner of such violation and that same shall be corrected within not less than five (5) days and that such property owner shall be responsible for notifying the Building Commissioner by certified mail that such violations have been corrected and seeking a re-inspection to verify that such violations have been corrected.
c. 
In the event the property owner fails to notify the Building Commissioner of such correction within five (5) days or in the event that a re-inspection does not verify such correction, the permit shall be revoked.
3. 
Permit revocations under this Section may be appealed as follows:
a. 
Appeals must be filed within five (5) days after the revocation notice is mailed by certified mail.
b. 
Appeals shall be determined following a hearing before the Board of Aldermen.
c. 
At least five (5) days' notice of the hearing shall be given to the property owner by certified mail.
d. 
The property owner and any other interested party may appear at the hearing and testify and present evidence concerning the conditions giving rise to the revocation.
E. 
Any violation of this Section is a Class C offense.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall needlessly kill, torture, beat, mutilate, poison, shoot, wound, or abandon without cause, or fail to provide food and shelter without cause, any animal when the same is done in a cruel and inhuman manner, or to cause any of such acts to be done.
B. 
Any violation of this Section is a Class C offense.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall use vulgar, profane, or indecent language on any public street, place or other area frequented by the public.
B. 
Any violation of this Section is a Class C offense.
A. 
It shall be unlawful for a person under the age of 21 years to purchase or attempt to purchase, or have in his possession, any intoxicating liquor. The definition of intoxicating liquor as used in this Section shall be the same as that used in the laws of the State of Missouri.
B. 
Any violation of this Section is a Class B offense.
A. 
No person operating a motor vehicle which has been involved in any accident, shall leave the scene of such accident without stopping and giving his name, residence, motor vehicle number and operator or chauffeur’s license number to an interested party or to a police officer or reporting the same to the nearest station or officer.
B. 
Any violation of this Section is a Class A offense.
A. 
No person within the confines of the City of Lakeshire, Missouri, shall wander from place to place or loiter in, about, or upon any street, alley or other public way or public place, or private or business property of another, while having no lawful means of employment and no lawful means of support realized solely from lawful occupations or sources.
A. 
It shall be unlawful for any person to post or cause to be posted any bill, or paint, write or print or cause to be painted, written, or printed, any sign or device on any sidewalk, street, bridge, viaduct, pole, tree, post or on any wall, building or structure, or other property of another, unless in the case of private property, the prior consent of the owner thereof has been secured.
B. 
For the purposes of this section, the presence of any bill, sign, device, painting, or printing in a location prohibited by this section which contains or includes the name of a business or corporation or the name by which a business or corporation is doing business, shall be prima facie evidence that both the business or corporation and its manager(s), officer(s), and director(s) had knowledge thereof and had posted, painted, written, printed such bill, sign, device, painting or printing in such location or caused the same to be posted, painted, written, printed in such location. Further for the purposes of this section, the presence of any bill, sign, device, painting or printing in a location prohibited by this section which shall contain or include the name of any person shall be prima facie evidence that such person had knowledge thereof and had posted, painted, written, printed such bill, sign, device, printing or painting in such location or caused the same to be posted, painted, written, printed in such location.
C. 
Any violation of this Section is a Class C offense.
A. 
Any person, officer or contractor making an excavation in any street, alley, or public place, or on any premises adjacent to any alley, street or public place and not separated by a fence or structure, shall guard and protect the same by barriers, and at night shall outline the same with red lights.
B. 
Any violation of this Section is a Class C offense.
No person shall construct, or cause or permit to be constructed, any fence composed in whole or in part of barbed wire, along the line of any street, alley or sidewalk within the city; and whoever shall violate the provisions of this section shall be deemed guilty of a Class C offense.
No person shall construct or cause or permit to be constructed, any fence charged with electricity at any place within the limits of the city, and whoever shall violate the provisions of this section shall be deemed guilty of a Class C offense.
A. 
Citation of Section. This Section shall be cited as the “Massage Establishment Code”.
B. 
Definitions.
1. 
MASSAGE — Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body, for medical or hygenic purposes, with the hands or with the aid of any mechanical or electrical apparatus or appliances with liniments, antiseptics, oils, powders, creams, lotions, ointments, unguents or other similar preparations commonly used in this practice.
2. 
CITY — The City of Lakeshire, Missouri.
3. 
BOARD — Board of Aldermen of City of Lakeshire, Missouri.
4. 
MASSAGE ESTABLISHMENT — Any establishment having a fixed place of business, herein massage is given, engaged n, carried on, for any form of consideration.
5. 
MASSEUR OR MASSEUSE — Any person who administers to another person, for any form of consideration, massage.
6. 
OUTCALL MASSAGE SERVICE — Any business not licensed as massage establishment under the provisions of this section wherein massage is given, engaged in or carried on, or permitted to be given, engaged in, or carried on, for any form of consideration, not at a fixed location but at a location designation by the masseur or masseuse, customer or client.
7. 
CLERK — Clerk of the City of Lakeshire, Missouri, who issues licenses, or his authorized representative.
8. 
EMPLOYEE — Any person, other than a masseur or masseuse, who renders any service to the permitte, who receives compensation or any consideration, and who has no physical contact with the permittee’s customers or clients.
9. 
PERMITTEE — Any person receiving a permit to operator a massage establishment or outcall massage service under the provisions of this section.
10. 
PERSON — Any individual, co-partnership, firm, association, company, corporation, or combination of individuals of whatever form or character.
11. 
APPLICANT — Any person who applies for a permit as required by this Chapter.
C. 
Provisions Not Applicable - To Whom. The provisions of this section shall not apply to hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate of entitlement to practice the healing arts under the laws of the State of Missouri, barbers and beauticians duly licensed by the State of Missouri, athletic trainers, or persons working under the direction and control of such persons or in any such establishment.
D. 
Permit Required - Massage Establishment - Outcall Massage Service.
1. 
It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of a massage establishment or an out-call massage service as herein defined without first having obtained a permit duly issued by the Director as set forth herein.
2. 
Application for a permit to engage in the business of a massage establishment or outcall massage service shall be obtained from the clerk and shall contain the following information:
a. 
The two previous addresses (if any) within the three years immediately prior to the present address of applicant.
b. 
Written proof that the individual or partnership applicant is over the age of 18 years.
c. 
Individual or partnership applicant’s heights, weight, color of eyes, hair and sex.
d. 
Two portrait photographs at least two inches by two inches.
e. 
Businesses, occupations, or employments of the applicant for the three years immediately preceding the date of the application.
f. 
The history of applicant in the operation of a massage establishment, outcall massage service or similar business or occupation.
g. 
All criminal violations other than misdemeanor traffic violations and lawful pardons or rehabilitative activity related thereto.
h. 
The name and address of each masseur, masseuse, or employee who is or will be employed in said establishment or service, or work as an independent contractor therein, and the terms and conditions of such employment or contract.
i. 
Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
j. 
If the applicant is a corporation, the names and residence of each of the officers and directors of said corporation and of each stockholder owning more than 10% of the stock of the corporation.
3. 
All applications for a massage establishment or outcall massage service permit shall be accompanied by an investigation fee of $50 no part of which shall be refundable.
4. 
Upon the receipt of said application, the Director shall refer the application to the Health Commissioner and the Police Department. Each of these departments shall within 30 days from the date of sad application review records or make an inspection of the premises proposed to be used as a massage establishment and shall make a written recommendation to the Board concerning compliance with the respective requirements to make recommendation to the Clerk.
5. 
The Clerk shall issue said permit if it is found:
a. 
That the operation, as proposed by applicant, complies or would comply with all applicable laws and chapters, including but not limited to, the City’s building code, zoning laws, and health regulations.
b. 
That applicant, or if applicant is a corporation, the officers, directors, and stockholders as stated herein, be of good moral character.
Otherwise, said permit shall be denied. In the event of denial, notification and reasons for denial shall be se forth in writing and shall be sent to the applicant by means of certified mail or hand delivery.
6. 
An appeal may be taken by any aggrieved party to the Circuit Court of St. Louis County, pursuant to the provisions of Section 536.150, RSMo.
E. 
Display of Permits - Written Listing.
1. 
The permittee shall display the massage establishment or outcall massage service permit issued in an open and conspicuous location on the premises or in the principal place of business.
2. 
The permittee shall maintain a written listing of all masseurs, masseuses or employees, whether employed by him or her or as independent contractors. Such written list shall be available for inspection during regular business hours.
F. 
Suspension or Revocation of Permit.
1. 
Any massage establishment’s or outcall massage service’s permit issued under this chapter shall be subject to suspension for up to 90 days or revocation by the Director for violation of any provision of this section or for any grounds that would warrant the denial of the issuance of such permit in the first instance.
2. 
The permittee shall be entitled to a hearing, before the Board prior to the suspension or revocation of any permit under this chapter. At such hearing evidence will be received for the purpose of determining whether the permit may be retained.
3. 
The permittee shall be notified by certified mail or hand delivery of the decision of the Board. Said decision shall be accompanied by findings of fact and conclusions of law.
4. 
An appeal may be taken by an aggrieved party to the Circuit Court of St. Louis County, in accordance with provision of Chapter 536.100, et seq. RSMo.
G. 
Sanitation Requirements - Rules and Regulations.
1. 
The Health Commissioner is authorized to promulgate reasonable rules and regulations pertaining to the sanitary requirements for the operation of massage establishment and outcall services.
2. 
Permittee shall comply with all reasonable rules and regulations which have been or may be promulgated by the Health Commissioner pertaining to the operation of massage establishments or outcall massage services.
H. 
Sexual Conduct for Compensation or Other Consideration Prohibited.
1. 
“Sexual Conduct” as used herein shall mean acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.
2. 
A masseur or masseuse, or an employee, shall not engage in or offer or agree to engage in sexual conduct in return for compensation or other consideration.
I. 
Inspection. Officials of Lakeshire shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to enforce compliance with building, fire, electrical, plumbing, or health regulations, and for the purpose of determining that the provisions of this chapter, and other provisions of law or codes are being complied with.
J. 
Transfer of Permit. No massage establishment or outcall massage service permit shall be transferable except upon first having obtained a new permit from the Clerk pursuant to all the requirements for a new application, and shall be accompanied by a filing and investigation fee of $50, no park of which shall be refundable. The application for such transfer shall contain the same information as required herein for an initial application for such permit.
K. 
Penalties. Any person, organization, association, corporation or any other legal entity who violates any of the provisions of this section shall upon conviction be sentenced to not more than three months in the County Jail or fined not more than $500 or punishment may be both such sentence and fine.
[Ord. No. 1126, 2-13-2023]
A. 
Definitions. As used in this Section the following terms shall have the meanings indicated:
CONTROLLED SUBSTANCES
As defined and enumerated in Chapter 195, RSMo., in effect upon the passage of this Section,
DRUG PARAPHERNALIA
As defined and enumerated in Chapter 195, RSMo., in effect upon the passage of this Section,
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the marijuana plant and marijuana-infused products, but not industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including but not limited to products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.
MARIJUANA ACCESSORIES
Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.
B. 
A person commits the offense of possession of a controlled substance if he or she knowingly possesses or delivers a controlled substance, except as allowed by Article XIV, Section 1 or Section 2 of the Missouri Constitution, or Chapter 195 or Chapter 579, RSMo.
1. 
In any complaint, information, action or proceeding brought for the enforcement of this Section, it shall not be necessary to include any exception, excuse, proviso or exemption contained in this Code or Article XIV, Section 1 or Section 2 of the Missouri Constitution or Chapter 195 or Chapter 579, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
C. 
A person who possesses, produces, delivers without receiving consideration or remuneration to another person, or possesses with intent to deliver, not more than twice the amount of marijuana allowed pursuant to Article XIV, Section 2, Subsection 10 of the Missouri Constitution shall thereby commit a violation and be subject to civil penalty and forfeiture of the marijuana as provided in Article XIV, Section 2, Subsection 10(6) of the Missouri Constitution. Any person who is under twenty-one (21) years of age shall be provided the option of attending up to eight (8) hours of drug education or counseling in lieu of the civil penalty.
D. 
A person who is under twenty-one (21) years of age who possesses, uses, ingests, inhales, transports, delivers without consideration or distributes without consideration three ounces or less of marijuana, or possesses, delivers without consideration or distributes without consideration marijuana accessories in violation of Article XIV, Section 2, Subsection 10 of the Missouri Constitution shall be subject to a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture of the marijuana. Any such person shall be provided the option of attending up to four (4) hours of drug education or counseling in lieu of the civil penalty.
E. 
A person who is not a Missouri licensed marijuana facility or medical facility commits the offense of unlawful marijuana cultivation practices if they cultivate marijuana plants that are visible by normal, unaided vision from a public place or that are not kept in a locked space, and such person shall be subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
F. 
A person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses or possesses with intent to use drug paraphernalia as defined by Chapter 195, RSMo., to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or an imitation controlled substance as defined by Chapter 195, RSMo., in violation of Chapter 195 or Chapter 579, RSMo., except as allowed by Article XIV, Section 1 or Section 2 of the Missouri Constitution.
G. 
It is an offense for any person to distribute, deliver, or sell, or possess or manufacture with intent to distribute, deliver or sell, drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or imitation controlled substance as defined by Chapter 195, RSMo., except as allowed by Chapter 195 or Chapter 579, RSMo., or Article XIV, Section 1 or Section 2 of the Missouri Constitution.
H. 
Marijuana shall not be smoked in any public area in the City, including but not limited to outdoor areas, places of employment, public meeting, and public places. A person who violates this prohibition shall be subject to a civil penalty not exceeding one hundred dollars ($100.00).
I. 
Marijuana-infused products shall not be consumed in any public area in the City, including but not limited to outdoor areas, places of employment, public meeting, and public places. A person who violates this prohibition shall be subject to a civil penalty not exceeding one hundred dollars ($100.00).
A. 
It shall be unlawful for any minor under the age of 17 years to loiter, idle, wander, stroll or to drive or ride in an automobile, or play in or upon the public streets, highways, roads, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official County time; except on Fridays and Saturdays when the hours shall be 12:00 midnight to 6:00 a.m. of the following day, official County time, provided, however, that the provisions of this Section do not apply to a minor accompanied by his or her parent, guardian or other person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense.
B. 
It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of 17 years to knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official County Time; provided, however, that the provisions of this Section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon am emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense.
C. 
Any violation of this Section shall be a Class C offense.
DOMESTIC AND FAMILY VIOLENCE CODE
Unless the context otherwise requires, as used in this chapter:
A. 
DOMESTIC OR FAMILY VIOLENCE — The occurrence of one or more of the acts listed under Section 215.925, and done by a family or household member, but does not include acts of self-defense.
B. 
FAMILY OR HOUSEHOLD MEMBERS — Include:
1. 
Persons who are current or former spouses;
2. 
Persons who live together or who have lived together;
3. 
Persons who are dating or who have dated;
4. 
Persons who are engaged in or who have engaged in a sexual relationship;
5. 
Persons who are related by blood or adoption;
6. 
Persons who are related or formerly related by marriage; and
7. 
Persons who have a child in common.
For the purposes of this section, minor children who are 17 years of age or under of a person in a relationship that is described in Paragraphs B1 through 7 can be included as victims; and minor children who are 17 years of age or under of a person in a relationship that is described in Paragraphs B1 through 5 can be included in the list of perpetrators.
C. 
PROGRAM OF INTERVENTION FOR PERPETRATORS — A specialized program that accepts perpetrators of domestic or family violence into batterer intervention programs that are members of the Association of Batterer Intervention Programs to satisfy court orders, and offers them classes or instruction.
D. 
PROGRAM FOR VICTIMS OF DOMESTIC OR FAMILY VIOLENCE — A specialized program for victims of domestic or family violence and their children that provides advocacy, shelter, crisis intervention, social services, treatment, counseling, education, or training.
E. 
SAFETY PLAN — A written or oral outline of actions to be taken by a victim of domestic or family violence to secure protection and support after making an assessment of the dangerousness of the situation.
A. 
Defined. An “Offense involving domestic or family violence” occurs when a family or household member commits one or more of the following offenses as listed under this chapter against another family or household member:
1. 
Domestic Assault;
2. 
Domestic Destruction, Damage, or Vandalism of Property;
3. 
Domestic Petty Larceny;
4. 
Domestic Unlawful Possession of Stolen Property;
5. 
Domestic Peace Disturbance;
6. 
Domestic Peace Disturbance—Loud Noise;
7. 
Domestic Trespassing;
8. 
Domestic Harassment;
9. 
Domestic Stalking;
10. 
Domestic Tampering with a Victim or Witness;
11. 
Violation of Orders of Protection.
A. 
Definitions. For the purpose of prosecutions under Section 215.940 for violating an adult order of protection, the following terms, in accordance with Section 455.010 R.S.Mo., shall have the meanings ascribed to them herein, unless the context clearly indicates otherwise:
1. 
Abuse. Abuse includes but is not limited to the occurrence of any of the following acts, attempts, or threats against a person who may be protected under a valid protective order issued by the State of Missouri or any other state within the United States.
a. 
Assault. Purposely or knowingly placing or attempting to place another in fear of physical harm.
b. 
Battery. Purposely or knowingly causing physical harm to another with or without a deadly weapon.
c. 
Coercion. Compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain.
d. 
Harassment. Engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to another person and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner. Such conduct might include, but is not limited to the following:
(1) 
Following another about in a public place or places;
(2) 
Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity;
(3) 
Sexual assault. Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress;
(4) 
Unlawful imprisonment. Holding, confining, detaining or abducting another person against that person’s will.
2. 
Adult. Any person 18 years of age or older or otherwise emancipated.
3. 
Court. The circuit or associate circuit judge or a family court commissioner.
4. 
Ex parte order of protection. An order of protection issued by a court before the respondent has received notice of the petition or an opportunity to be heard on it.
5. 
Family or household member. Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together or have resided together in the past, a person who is or has been in a continuing social relationship of a romantic nature with the victim, and persons who have a child in common regardless of whether they have been married or have resided together at any time.
6. 
Full order of protection. An order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard.
7. 
Order of protection. Either an ex parte order of protection or a full order of protection.
8. 
Petitioner. A family or household member or a person who has been the victim of domestic violence who has filed a verified petition under the provisions of RSMo. 455.020.
9. 
Respondent. The family or household member or person alleged to have committed an act of domestic violence, against whom a verified petition has been filed.
10. 
Stalking. When a person purposely and repeatedly harasses or follows with the intent of harassing another person. As used in this paragraph, “harass” means to engage in a course of conduct directed at a specific person that serves no legitimate purpose, that would cause a reasonable person to suffer substantial emotional distress. As used in this subdivision, “course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”.
A. 
Definitions. For the purpose of prosecutions under Section 215.935 for violation of a child order of protection, the following terms, in accordance with Section 455.010 R.S.Mo., shall have the meanings ascribed to them herein, unless the context clearly indicates otherwise:
1. 
ABUSE — Any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by an adult household member, or stalking of a child. Discipline including spanking, administered in a reasonable manner shall not be construed to be abuse.
2. 
ADULT HOUSEHOLD MEMBER — Any person 18 years of age or older or an emancipated child who resides with the child in the same dwelling unit.
3. 
CHILD — Any person under 18 years of age.
4. 
COURT — The circuit or associate circuit judge or a family court commissioner.
5. 
EX PARTE ORDER OF PROTECTION — An order of protection issued by the court before the respondent has received notice of the petition or an opportunity to be heard on it.
6. 
FULL ORDER OF PROTECTION — An order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard.
7. 
ORDER OF PROTECTION — Either an ex parte order of protection or a full order of protection.
8. 
PETITIONER — A person authorized to file a verified petition under the provision of Sections 455.503 and 455.505 RSMo.
9. 
RESPONDENT — The adult household member, emancipated child or person stalking the child against whom a verified petition has been filed.
10. 
STALKING — Purposely and repeatedly harassing or following with the intent of harassing a child. As used in this subdivision, “harassing” means engaging in a course of conduct direct at a specific child that serves no legitimate purpose, that would cause a reasonable adult to believe the child would suffer substantial emotional distress. As used in this subdivision, “course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”.
11. 
VICTIM — A child who is alleged to have been abused by an adult household member.
A. 
The respondent of an ex parte or full order of protection for an adult, of which the respondent has notice, shall not violate the terms and conditions of such order with regard to abuse, stalking, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner’s dwelling unit.
B. 
The respondent of an ex parte or a full order of protection for a child, of which the respondent has notice, shall not violate the terms and conditions of such order with regard to abuse, child custody, or entrance upon the premises of the victim’s dwelling unit.
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 or 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 or her access to other persons, telecommunication devices or transportation for the purpose of isolation.
A. 
No person shall buy or in any way receive or possess any personal property which has been unlawfully taken from a family or household member.
B. 
Proof that any personal property has been unlawfully taken from the possession or control of a family or household member and that within six months after said unlawful taking said property has been in the possession or under the control of the accused shall be deemed sufficient evidence to authorize conviction unless possession of said property is satisfactorily explained by proof that either:
1. 
Before buying or receiving or coming into possession of said property, a diligent and good faith inquiry was made as to the source of said property sufficient to provide a reasonable belief that said property had not been taken unlawfully from another; or
2. 
The property was acquired at a price and under circumstances sufficient to provide a reasonable belief that said property had not been taken unlawfully from another; or
3. 
The accused complied with Section 447.010 RSMo. relating to the duty of persons finding lost property.
No person shall unreasonably and knowingly disturb or alarm any family or household member by: threatening or offensive language addressed in a face-to-face manner to that individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or by physically threatening or challenging or fighting that person.
A. 
No person shall play any radio, music player such as a “boom box,” tape cassette, disc player, television, audio system or musical instrument in a manner or at a volume that disturbs the peace of any other reasonable family or household member; except, however, that nothing herein shall be construed to prohibit an otherwise lawful public concert or public performance.
B. 
It shall be unlawful to speak, shout, sing or create any noise at a volume that disturbs the peace of any other reasonable family or household member, except that nothing herein shall be construed to prohibit the summoning of assistance in an emergency.
C. 
For the purpose of prosecution under this section, it shall be presumed that any speech, song or noise, or the playing of any radio, music player such as a “boom box,” tape cassette, disc player, television, audio system or musical instrument, is disturbing to the peace of another reasonable family or household member if the volume is such that it is plainly audible to persons more than 50 feet away from the source of the noise.
A. 
No person without lawful authority, or without the expressed or implied consent of the family or household member or his agent, shall enter any building or enter on any enclosed or improved real estate, lot or parcel of ground; or being upon land of another, shall fail or refuse to leave the same when requested to do so by the family or household member lawfully in possession thereof, his agent or representative.
B. 
For the purpose of this section, “implied consent,” as it relates to persons making deliveries on private property, extends only to sidewalks or other identifiable walkways, where available, and does not extend to lawns or other private property if such a sidewalk is available.
No person shall, for the purpose of frightening or disturbing another family or household member:
A. 
Communicate in writing or by telephone a threat to commit any felony or act of violence; or
B. 
Make a telephone call or communicate in writing and use coarse language offensive to one of average sensibility; or
C. 
Make a telephone call anonymously; or
D. 
Make repeated telephone calls to the same person or telephone number.
A. 
As used in this section, the following terms shall have the meanings ascribed to them:
1. 
Course of conduct. A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.” Such constitutionally protected activity included picketing or other organized protests.
2. 
Credible threat. A threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause physical injury to, a person.
3. 
Harass. To engage in a course of conduct directed at a specific person that serves no legitimate purpose, that would cause a reasonable person to suffer substantial emotional distress, and that actually causes substantial emotional distress to that person.
B. 
No person shall purposely and repeatedly harass or follow with the intent of harassing another family or household member or harass another family or household member, and make a credible threat with the intent to place that person in reasonable fear of death or physical injury.
A. 
No person, with purpose to induce a family or household member who is a witness or prospective witness in an official proceeding to disobey a subpoena or other legal process, or to induce such family or household member to absent himself or avoid subpoena or other legal process, or to induce such family or household member to withhold evidence, information or documents, or to testify falsely, shall:
1. 
Threaten or cause harm to any person or property; or
2. 
Use force, threats or deception; or
3. 
Offer, confer or agree to confer any benefit, direct or indirect, upon such witness; or
4. 
Convey any of the foregoing to another in furtherance of a conspiracy.
B. 
A person commits the violation of “domestic victim tampering” if, with purpose to do so, he prevents or dissuades or attempts to prevent or dissuade any person who is a family or household member who has been a victim of any ordinance violation or a person who is acting on behalf of any such victim from:
1. 
Making any report of such victimization to any peace officer, or state, local or federal law enforcement officer or prosecuting agency or to any judge;
2. 
Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;
3. 
Arresting or causing or seeking the arrest of any person in connection with such victimization.
4. 
Holding batterers accountable. Section 215.990 Dismissal of Charges.
A. 
A victim of domestic and family violence is entitled to all rights granted to victims of crime as found in Sections 595.200 to 595.218 RSMo. including but not limited to the right to:
1. 
Be informed of all hearing dates and continuances.
2. 
Provide the court with a victim-impact statement, victim-opinion statement, and an assessment of the risk of further harm.
3. 
Be present at sentencing and address the court.
4. 
Be advised by the court of conditions of probation required to ensure the safety of the victim and other family or household members.
5. 
Restitution for losses sustained as a direct consequence of any criminal conduct.
6. 
Apply for victims’ compensation and to be informed of procedures for applying.