1177 – Bill No. 157 Offenses Against The Administration of Justice

Bill No 157                                      Ordinance No 1177

AN ORDINANCE REGULATING OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE

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

Article 1 Concealing an offense.

  1. A person commits the crime of concealing an offense if he:
    1. 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. Accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.

Article 2.  Hindering prosecution.

  1. A person commits the crime of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he:
    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 in avoiding discovery or apprehension;
    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.

Article 3.  False affidavit.

  1. 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 the affidavit is made.
  2. The provisions of subsections 2 and 3 of RSMo 575.040 shall apply to prosecutions under subsection (a) of this section
  3. 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.
  4. The defendant shall have the burden of injecting the issue of retraction under subsection (c) of this section.

Article 4.  False declarations.

  1. 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:a.  Submits any written false statement, which he does not believe to be true:

         1.  In an application for any pecuniary benefit or other consideration; or

         2.  On a form bearing notice, authorized by law, that false statement made therein are punishable; or

    b.  Submits or invites reliance on:

          1.  Any writing which he knows to be forged, altered or otherwise lacking in authenticity; or

          2.  Any sample, specimen, map, boundary mark, or other object, which             he knows to be false.

2.  The falsity of the statement or the item under subsection (a) of this section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of subsections 2 and 3 of RSMo 575.040 shall apply to prosecutions under subsection (a) of this section.

3.  It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or item but this defense shall not apply if the retraction was made after:

     a.  The falsity of the statement or item was exposed; or

     b.  The public servant took substantial action in reliance on the statement or item.

4.  The defendant shall have the burden of injecting the issue of retraction under subsection (c) of this section.

Article 5.  False reports.

  1. A person commits the crime of making a false report if he 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.
  2. It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.
  3. The defendant shall have the burden of injecting the issue of retraction under subsection (b) of this section.

Article 6.  False bomb report.

A person commits the crime of making a false bomb report if he knowingly makes a false report or 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.

Article 7.  Tampering with physical evidence.

  1. A person commits the crime of tampering with physical evidence if he:
    1. Alters, destroys, suppresses or conceals any record, document 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 the purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation

Article 8.  Tampering with a public record.

  1. A person commits the crime of tampering with a public record if, with the purpose 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.

Article 9.  False impersonation.

  1. 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
      1. Performs an act in that pretended capacity; or
      2. Causes another to act in reliance upon his pretended official authority;
    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 the purpose to induce another to rely upon such representation, and:
      1. Performs an act in that pretended capacity; or
      2. Causes another to act in reliance upon such representation.

Article 10.  Simulating legal process.

  1. A person commits the crime of simulating legal process if, with the 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 simulates 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.
  2. This section shall not apply to a subpoena properly issued by a notary public.

Article 11.  Resisting or interfering with arrest.

  1. 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.

2.  This section applies to arrests with or without warrants and to arrests for any crime or ordinance violation.

3.  It is no defense to a prosecution under subsection (a) 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.

Article 12.  Interference with legal process.

  1. 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.
  2. “Process” includes any writ, summons, subpoena, and warrant other than an arrest warrant, or other process or order of a court.

Article 13.  Refusing to make an employee available for service of process.

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 if 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.

Article 14.  Refusal to identify as a witness.

  1. A person commits the crime of refusal to identify as a witness if, knowing he 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 official duties, he refuses to report or gives a false report of his name and present address to such officer.

Article 15.  Failure to return to confinement.

  1. A person commits the crime of failure to return to confinement if, while serving a sentence for any crime under a work-release program, or while under sentence of any crime to serve a term of confinement which is not continuous, or while serving any other type of sentence for any crime wherein he is temporarily permitted to go at large without guard, he purposely fails to return to confinement when he is required to do so.
  2. This section does not apply to persons who are free on bond, bail or recognizance, personal or otherwise, nor to persons who are on probation or parole, temporary or otherwise.

Article 16.  Aiding escape of a prisoner.

  1. A person commits the crime of aiding the 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.

Article 17.  Disturbing a judicial proceeding.

A person commits the crime of disturbing a judicial proceeding if, with the purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he 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.

Article 18 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.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

 

 

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