Chapter 210: OFFENSES

ARTICLE I: Generally

Section 210.005.  Definitions.

In this Chapter, unless the context requires a different definition, the following shall apply: 

AFFIRMATIVE DEFENSE — Has the meaning specified in Section 556.056, RSMo.  

BURDEN OF INJECTING THE ISSUE — Has the meaning specified in Section 556.051, RSMo.  

COMMERCIAL FILM AND PHOTOGRAPHIC PRINT PROCESSOR — Any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation. The term "commercial film and photographic print processor" shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency.  

CONFINEMENT  

1.       A person is in confinement when he/she is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:  

2.       A person is not in confinement if:  

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 mental incapacity 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, 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.    

CRIMINAL NEGLIGENCE — Has the meaning specified in Section 562.016, RSMo.  

CUSTODY — A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.  

DANGEROUS FELONY — The felonies of arson in the first (1st) degree, assault in the first (1st) degree, forcible rape, forcible sodomy, kidnapping, murder in the second (2nd) degree and robbery in the first (1st) degree.  

DANGEROUS INSTRUMENT — Any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.  

DEADLY WEAPON — Any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy, blackjack or metal knuckles.  

FELONY — Has the meaning specified in Section 556.016, RSMo.  

FORCIBLE COMPULSION — Means 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 himself/herself or another person.    

INCAPACITATED — That physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him/her if he/she became unconscious, unable to appraise the nature of his/her conduct or unable to communicate unwillingness to an act, after consenting to the act.  

INFRACTION — Has the meaning specified in Section 556.021, RSMo.  

INHABITABLE STRUCTURE — Has the meaning specified in Section 569.010, RSMo.  

KNOWINGLY — Has the meaning specified in Section 562.016, RSMo.  

LAW ENFORCEMENT OFFICER — Any public servant having both the power and duty to make arrests for violations of the laws of this State, and Federal Law Enforcement Officers authorized to carry firearms and to make arrests for violations of the laws of the United States.  

MISDEMEANOR — Has the meaning specified in Section 556.016, RSMo.  

OFFENSE — Any felony, misdemeanor or infraction.  

PHYSICAL INJURY — Physical pain, illness, or any impairment of physical condition.  

PLACE OF CONFINEMENT — Any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held.  

POSSESS or POSSESSED — Having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if he/she has the object on his/her person or within easy reach and convenient control. A person has constructive possession if he/she has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons. Possession may also be sole or joint. If one (1) person alone has possession of an object, possession is sole. If two (2) or more persons share possession of an object, possession is joint.  

PUBLIC SERVANT — Any person employed in any way by a government of this State who is compensated by the government by reason of his/her employment. It includes, but is not limited to, legislators, jurors, members of the judiciary and Law Enforcement Officers. It does not include witnesses.  

PURPOSELY — Has the meaning specified in Section 562.016, RSMo.  

RECKLESSLY — Has the meaning specified in Section 562.016, RSMo.  

RITUAL or CEREMONY — An act or series of acts performed by two (2) or more persons as part of an established or prescribed pattern of activity.  

SERIOUS EMOTIONAL INJURY — An injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive or physical condition. "Serious emotional injury" shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty.  

SERIOUS PHYSICAL INJURY — Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.  

SEXUAL CONDUCT — Acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification.  

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.  

SEXUAL PERFORMANCE — Any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen (17) years of age.  

VOLUNTARY ACT — Has the meaning specified in Section 562.011, RSMo.   

ARTICLE II

Offenses Against the Person

Section 210.010.  Assault. 

1.       The person attempts to cause or recklessly causes physical injury to another person; 
2.       With criminal negligence the person causes physical injury to another person by means of a deadly weapon; 
3.       The person purposely places another person in apprehension of immediate physical injury; 
4.       The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; 
5.       The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or 
6.       The person knowingly causes physical contact with an incapacitated person, as defined in Section 475.010, RSMo., which a reasonable person, who is not incapacitated, would consider offensive or provocative.     

Section 210.020.  Assault of a Law Enforcement Officer. 

1.       He/she attempts to cause or recklessly causes physical injury to a Law Enforcement Officer; 
2.       With criminal negligence he/she causes physical injury to a Law Enforcement Officer by means of a deadly weapon; 
3.       He/she purposely places a Law Enforcement Officer in apprehension of immediate physical injury; 
4.       He/she recklessly engages in conduct which creates a grave risk of death or serious physical injury to a Law Enforcement Officer; or 
5.       He/she knowingly causes or attempts to cause physical contact with a Law Enforcement Officer without the consent of the Law Enforcement Officer.     

Section 210.030.  Harassment. 

1.       Communicates in writing or by telephone a threat to commit any felony; 
2.       Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; 
3.       Makes a telephone call anonymously; or 
4.       Makes repeated telephone calls.     

Section 210.040.  False Imprisonment. [1] 

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

Section 210.050.  Endangering the Welfare of a Child. [2] 

1.       He/she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old; 
2.       He/she knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; 
3.       Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he/she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or 
4.       He/she knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in Section 195.130, RSMo.   

ARTICLE III

Offenses Concerning Administration of Justice

Section 210.060.  Concealing an Offense. [3] 

1.       He/she confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person's concealing of any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof; or 
2.       He/she accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his/her concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.     

Section 210.070.  Hindering Prosecution. [4] 

1.       Harbors or conceals such person; 
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; 
3.       Provides such person with money, transportation, weapon, disguise or other means to aid him/her 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.     

Section 210.080.  Refusal to Identify as a Witness.

A person commits the offense of refusal to identify as a witness if, knowing he/she has witnessed any portion of a crime, or of any other incident resulting in physical injury or substantial property damage, upon demand by a Law Enforcement Officer engaged in the performance of his/her official duties, he/she refuses to report or gives a false report of his/her name and present address to such officer. 

Section 210.090.  Disturbing a Judicial Proceeding.

A person commits the offense 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/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. 

Section 210.100.  Tampering With a Witness — Tampering With a Victim. [5] 

1.       Threatens or causes harm to any person or property; 
2.       Uses force, threats or deception; 
3.       Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or 
4.       Conveys any of the foregoing to another in furtherance of a conspiracy.   

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; or 
3.       Arresting or causing or seeking the arrest of any person in connection with such victimization.     

Section 210.110.  Improper Communication.

A person commits the offense of improper communication if he/she 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. 

Section 210.120.  False Impersonation. 

1.       Falsely represents himself/herself to be a public servant with purpose to induce another to submit to his/her pretended official authority or to rely upon his/her pretended official acts, and 

2.       Falsely represents himself/herself 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 

Section 210.125.  City Officers and Employees — Interfering With, Etc. [CC 1984 §79.070]

No person shall carelessly or willfully interfere with, hinder or obstruct any officer or employee of the City who is engaged in, en route to or returning from, the performanc