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1175 – Bill No. 155 Offenses Against Public Morals

Bill No 155                                   Ordinance No 1175

AN ORDINACE REGULATING OFFENSES AGAINST PUBLIC MORALS

BE IT ORDAINED by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

Article 1.  Inhalation of solvents.

  1. No person shall intentionally smell or inhale the fumes of any solvent, particularly, toluol, or induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual or mental processes; except that this subsection shall not apply to the inhalation of any anesthesia for medical or dental purposes.
  2. No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use of any solvent, particularly toluol.
  3. No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by subsection (a) or (b)
  4. No person shall intentionally possess or buy any solvent, particularly toluol, for the purpose of inducing or aiding any other person to violate the provisions of this section

Article 2.  Prostitution

            A person commits the crime of prostitution if he performs an act of prostitution.

Article 3.  Patronizing prostitution.

A person commits the crime of patronizing prostitution if he patronizes prostitution.

Article 4.  Bigamy.

  1. A married person commits the crime of bigamy if he:
    1. Purports to contract another marriage; or
    2. Cohabits in this city after a bigamous marriage in another jurisdiction other than this state.
  2. A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he reasonably believes that he is legally eligible to remarry.
  3. The defendant shall have the burden of injecting the issue of reasonable belief of eligibility to remarry.
  4. An unmarried person commits the crime of bigamy if he:
    1. Purports to contract marriage knowing that the other person is married; or
    2. Cohabits in this state after a bigamous marriage in a jurisdiction other than this state.

Article 5.  Criminal nonsupport.

  1. 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.
  2. For purposes of this section:
    1. Support means food, clothing, lodging, and medical or surgical attention.
    2. Child means 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 subsection (b)(3) and (4).

Article 6.  Endangering the welfare of a child.

  1. A person commits the crime of endangering the welfare of a child if:
    1. He 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 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 RSMo 211.031; or
    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 recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of RSMo 211.031
  2. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.

Article 7.  Unlawful transaction with a child.

  1. A person commits the crime of unlawful transactions with a child if:
    1. Being a pawnbroker, junk dealer, 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 unemancipated minor, unless the child’s custodial parent or guardian has consented in writing to the transaction;
    2. He knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in RSMo ch. 195, is maintained or conducted; or
    3. He with criminal negligence sells blasting caps, bulk gunpowder or explosives to a child under the age of seventeen (17), or fireworks as defined inn RSMo 320.110, to a child under the age of fourteen (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.

Article 8.  Promoting obscenity in the second degree.

  1. A person commits the crime of promoting pornography for minors or obscenity in the second degree if, knowing its content or character, he
    1. Promotes or possesses with the purpose to promote any obscene material for pecuniary gain;
    2. Produces, presents, directs or participates in any obscene performance for pecuniary gain;
    3. Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or
    4. Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain.

Article 9.  Possession of child pornography.

  1. A person commits the crime of possession of child pornography if he knowingly:
    1. Possesses or controls any obscene material that has a minor as one of its participants or portrays as an observer of sexual conduct, sexual contact or a sexual performance a minor; or
    2. Possesses or controls any material that shows a minor participating or engaging in sexual conduct.

Article 10.  Furnishing pornographic materials to minors.

  1. 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.

Article 11.  Public display of explicit sexual material.

  1. 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.

Article 12 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction be fined in an amount of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) and the Court costs or be imprisoned or both.

All Ordinance or parts of Ordinances in conflict with this ordinance are hereby repealed.

This Ordinance shall take effect and be in force from and after its passage and approval.

Read two times and passed this 11th day of February 2003.

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Robert Cope, Mayor

ATTEST:

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Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None