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1171 – Bill No. 151 Offenses Against The Person

Bill No. 151                     Ordinance No 1171

AN ORDINANCE REGULATING OFFENSES AGAINST THE PERSON

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

Article 1.  Assault in the third degree.

a.  A person commits the crime of assault in the third degree if:

  1. He attempts to cause or recklessly causes physical injury to another person
  2. With criminal negligence he causes physical injury to another person by means of a deadly weapon
  3. He purposely places another person in apprehension of immediate physical injury
  4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person
  5. He knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative

Article 2.  Assault of a law enforcement officer in the third degree.

a.  A person commits the crime of assault of a law enforcement officer in the third degree if:

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

Article 3.  Harassment.

a.  A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he:

  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
  4. Makes repeated telephone calls

Article 4.  Interference with custody.

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

Article 5.  Crime of invasion of privacy, second degree, penalties.

a.  A person commits the crime of invasion of privacy in the second degree if:

  1. Such person knowingly views, photographs or films another person, without that person’s knowledge and consent, while the person being viewed, photographed or filmed is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or
  2. Such person knowingly uses a concealed camcorder or photographic camera of any type to secretly videotape, photograph, or record by electronic means another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person’s consent.

b.  Invasion of privacy in the second degree pursuant to subdivision (1) of subsection 1 of this section is a class A misdemeanor; unless more than one person is viewed, photographed or filmed in full or partial nudity in violation of sections 565.250 to 565.257 during the same course of conduct, in which case invasion of privacy is a class D felony; and unless committed by a person who has previously pled guilty to or been found guilty of invasion of privacy, in which case invasion of privacy is a class D felony.  Invasion of privacy in the second degree pursuant to subdivision (2) of subsection 1 of this section is a class A misdemeanor; unless more than one person is secretly videotaped, photographed of recorded in violation of sections 565.250 to 565.257 during the same course of conduct, in which case invasion of privacy is a class D felony; and unless committed by a person who has previously pled guilty to or been found guilty of invasion of privacy, in which case invasion of privacy is a class C felony.  Prior pleas or finding of guilt shall be pled and proven in the same manner required by the provisions of section 558.021, RSMo.

Article 6 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor or as listed per Article 5 subsection (b) 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