Chapter 574 Offenses Against Public Order

574.085 - Institutional vandalism — penalty.

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1.A person commits the offense of institutional vandalism if he or she knowingly vandalizes, defaces, or otherwise damages:

(1)Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

(2)Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;

(3)Any school, educational facility, community center, hospital or medical clinic owned and operated by a religious or sectarian group;

(4)The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in subdivision (1), (2), or (3) of this subsection;

(5)Any personal property contained in any institution, facility, building, structure or place described in subdivision (1), (2), or (3) of this subsection; or

(6)Any motor vehicle which is owned, operated, leased or under contract by a school district or a private school for the transportation of school children.

2.The offense of institutional vandalism is a class A misdemeanor, unless the value of the property damage is seven hundred fifty dollars or more, in which case the offense is a class E felony; or the value of the property damage is more than five thousand dollars, in which case the offense is a class D felony.

3.In determining the amount of damage to property, for purposes of this section, damage includes the cost of repair or, where necessary, replacement of the property that was damaged.

(L. 1988 S.B. 678 § 1, A.L. 1996 H.B. 1086 merged with H.B. 1301 & 1298, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Civil action for damages or injunction, attorney's fees and costs may be awarded prevailing plaintiff, 537.523

574.080 - Causing catastrophe — definitions — penalty.

1.A person commits the offense of causing catastrophe if he or she knowingly causes a catastrophe by explosion, fire, flood, collapse of a building, release of poison, radioactive material, bacteria, virus or other dangerous and difficult to confine force or substance.

2.As used in this section, the following terms mean:

(1)"Catastrophe", death or serious physical injury to ten or more people or substantial damage to five or more buildings or inhabitable structures or substantial damage to a vital public facility which seriously impairs its usefulness or operation;

(2)"Vital public facility", includes a facility maintained for use as a bridge, whether over land or water, dam, reservoir, tunnel, communication installation or power station.

3.The offense of causing catastrophe is a class A felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Transferred 2014; formerly 569.070; Effective 1-01-17

574.120 - Making a terrorist threat, second degree — penalty.

1.A person commits the offense of making a terrorist threat in the second degree if he or she recklessly disregards the risk of causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation and knowingly:

(1)Communicates an express or implied threat to cause an incident or condition involving danger to life; or

(2)Communicates a false report of an incident or condition involving danger to life; or

(3)Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life.

2.The offense of making a terrorist threat in the second degree is a class E felony.

3.No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.

(L. 2014 S.B. 491)

Effective 1-01-17

574.020 - Private peace disturbance — penalty.

1.A person commits the offense of private peace disturbance if he or she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

(1)Threatening to commit an offense against any person; or

(2)Fighting.

2.The offense of private peace disturbance is a class C misdemeanor.

3.For purposes of this section, if a building or structure is divided into separately occupied units, such units are separate premises.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

574.075 - Drunkenness or drinking in certain places prohibited — penalty.

1.A person commits the offense of drunkenness or drinking in a prohibited place if he or she enters any schoolhouse or church house in which there is an assemblage of people, met for a lawful purpose, or any courthouse, in an intoxicated and disorderly condition, or drinks or offers to drink any intoxicating liquors in the presence of such assembly of people, or in any courthouse.

2.The offense of drunkenness or drinking in a prohibited place is a class B misdemeanor.

(RSMo 1939 § 4638, A.L. 1961 p. 334, A.L. 1977 H.B. 341, A.L. 1978 S.B. 749 § 562.260, A.L. 2001 S.B. 267, A.L. 2014 S.B. 491)

Prior revisions: 1929 § 4249; 1919 § 3499

Effective 1-01-17

574.130 - Agroterrorism — penalty — defenses.

1.A person commits the offense of agroterrorism if such person purposely spreads any type of contagious, communicable or infectious disease among crops, poultry, livestock as defined in section 267.565, or other animals.

2.Agroterrorism is a class E felony unless the damage to crops, poultry, livestock or animals is ten million dollars or more in which case it is a class B felony.

3.It shall be a defense to the crime of agroterrorism if such spreading is consistent with medically recognized therapeutic procedures or done in the course of legitimate, professional scientific research.

(L. 2001 S.B. 462, A.L. 2002 S.B. 712, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.008; Effective 1-01-17

574.010 - Peace disturbance — penalty.

1.A person commits the offense of peace disturbance if he or she:

(1)Unreasonably and knowingly disturbs or alarms another person or persons by:

(a)Loud noise; or

(b)Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or

(c)Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or

(d)Fighting; or

(e)Creating a noxious and offensive odor;

(2)Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

(a)Vehicular or pedestrian traffic; or

(b)The free ingress or egress to or from a public or private place.

2.The offense of peace disturbance is a class B misdemeanor upon the first conviction.Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor.Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.

(L. 1977 S.B. 60, A.L. 1984 S.B. 602, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491)

Effective 1-01-17

(1987)Where paragraph (c) of subdivision (1) of subsection l of statute contemplates punishing a person for any and all utterances that if carried out would constitute criminal offenses under Missouri law, no distinction is made as to the degree of criminal activity, that portion of statute is overbroad and is facially invalid.State v. Carpenter, 736 S.W.2d 406 (Mo. en banc).

574.200 - Interference with medical assistance, offense of, penalty — definition of medical personnel.

1.A person commits the offense of interference with medical assistance if he or she, while serving in his or her capacity as an employee of an abortion facility:

(1)Knowingly orders or requests medical personnel to deviate from any applicable standard of care or ordinary practice while providing medical assistance to a patient for reasons unrelated to the patient's health or welfare; or

(2)Knowingly attempts to prevent medical personnel from providing medical assistance to a patient in accordance with all applicable standards of care or ordinary practice for reasons unrelated to the patient's health or welfare.

2.The offense of interference with medical assistance is a class A misdemeanor.

3.For purposes of this section, the term "medical personnel" shall include, but not be limited to, the following:

(1)Physicians and surgeons licensed under chapter 334;

(2)Nurses licensed under chapter 335;

(3)Emergency medical services personnel as defined in section 190.600; or

(4)Any person operating under the supervision of such medical personnel.

(L. 2017 2d Ex. Sess. S.B. 5)

Effective 10-24-17

574.105 - Money laundering — penalty.

1.As used in this section, the following terms mean:

(1)"Conducts", initiating, concluding or participating in initiating or concluding a transaction;

(2)"Criminal activity", any act or activity constituting an offense punishable as a felony pursuant to the laws of Missouri or the United States;

(3)"Currency", currency and coin of the United States;

(4)"Currency transaction", a transaction involving the physical transfer of currency from one person to another.A transaction which is a transfer of funds by means of bank check, bank draft, wire transfer or other written order, and which does not include the physical transfer of currency is not a currency transaction;

(5)"Person", natural persons, partnerships, trusts, estates, associations, corporations and all entities cognizable as legal personalities.

2.A person commits the offense of money laundering if he or she:

(1)Conducts or attempts to conduct a currency transaction with the purpose to promote or aid the carrying on of criminal activity; or

(2)Conducts or attempts to conduct a currency transaction with the purpose to conceal or disguise in whole or in part the nature, location, source, ownership or control of the proceeds of criminal activity; or

(3)Conducts or attempts to conduct a currency transaction with the purpose to avoid currency transaction reporting requirements under federal law; or

(4)Conducts or attempts to conduct a currency transaction with the purpose to promote or aid the carrying on of criminal activity for the purpose of furthering or making a terrorist threat or act.

3.The offense of money laundering is a class B felony and in addition to penalties otherwise provided by law, a fine of not more than five hundred thousand dollars or twice the amount involved in the transaction, whichever is greater, may be assessed.

(L. 1992 S.B. 705 § 10, A.L. 2002 S.B. 712, A.L. 2014 S.B. 491)

Effective 1-01-17

574.005 - Definitions

As used in this chapter the following terms mean:

(1)"Private property", any place which at the time of the offense is not open to the public.It includes property which is owned publicly or privately;

(2)"Property of another", any property in which the person does not have a possessory interest;

(3)"Public place", any place which at the time of the offense is open to the public.It includes property which is owned publicly or privately.

(L. 2014 S.B. 491)

Effective 1-01-17

574.050 - Rioting — penalty.

1.A person commits the offense of rioting if he or she knowingly assembles with six or more other persons and agrees with such persons to violate any of the criminal laws of 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.

2.The offense of rioting is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

574.140 - Cross burning — penalties.

1.A person commits the offense of cross burning if he or she burns, or causes to be burned, a cross with the purpose to frighten, intimidate, or cause emotional distress to any person or group of persons.

2.The offense of cross burning is a class A misdemeanor, unless the person has previously been found guilty of an offense under this section, in which case it is a class E felony.

(L. 2004 H.B. 1074 & 1129, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.095; Effective 1-01-17

574.040 - Unlawful assembly — penalty.

1.A person commits the offense of unlawful assembly if he or she knowingly assembles with six or more other persons and agrees with such persons to violate any of the criminal laws of this state or of the United States with force or violence.

2.The offense of unlawful assembly is a class B misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

574.115 - Making a terrorist threat, first degree — penalty.

1.A person commits the offense of making a terrorist threat in the first degree if such person, with the purpose of frightening ten or more people or causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation, knowingly:

(1)Communicates an express or implied threat to cause an incident or condition involving danger to life; or

(2)Communicates a false report of an incident or condition involving danger to life; or

(3)Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life.

2.The offense of making a terrorist threat in the first degree is a class D felony.

3.No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.

(L. 2000 S.B. 944 § 574.150, A.L. 2002 S.B. 712, A.L. 2014 S.B. 491)

Effective 1-01-17

574.160 - Unlawful funeral protest, offense of — definitions — violation, penalty.

1.A person commits the offense of unlawful funeral protest if he or she pickets or engages in other protest activities within three hundred feet of any residence, cemetery, funeral home, church, synagogue, or other establishment during or within one hour before or one hour after the conducting of any actual funeral or burial service at that place.

2.For purposes of this section, "other protest activities" means any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.

3.For purposes of this section, "funeral" and "burial service" mean the ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this section does not apply to processions while they are in transit beyond any three-hundred-foot zone that is established under subsection 1 of this section.

4.The offense of unlawful funeral protest is a class B misdemeanor, unless committed by a person who has previously been found guilty of a violation of this section, in which case it is a class A misdemeanor.

(L. 2014 H.B. 1231 merged with H.B. 1372)

574.060 - Refusal to disperse — penalty.

1.A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he or she 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.

2.The offense of refusal to disperse is a class C misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

574.035 - Disrupting a house of worship — penalty.

1.This section shall be known and may be cited as the "House of Worship Protection Act".

2.For purposes of this section, "house of worship" means any church, synagogue, mosque, other building or structure, or public or private place used for religious worship, religious instruction, or other religious purpose.

3.A person commits the offense of disrupting a house of worship if such person:

(1)Intentionally and unreasonably disturbs, interrupts, or disquiets any house of worship by using profane discourse, rude or indecent behavior, or making noise either within the house of worship or so near it as to disturb the order and solemnity of the worship services; or

(2)Intentionally injures, intimidates, or interferes with or attempts to injure, intimidate, or interfere with any person lawfully exercising the right of religious freedom in or outside of a house of worship or seeking access to a house of worship, whether by force, threat, or physical obstruction.

4.The offense of disrupting a house of worship is a class B misdemeanor, unless it is a second offense, in which case it is a class A misdemeanor.Any third or subsequent offense of disrupting a house of worship is a class E felony.

(L. 2012 S.B. 755, A.L. 2014 S.B. 491)

Effective 1-01-17

(2013)Section making it a crime to intentionally and unreasonably disrupt a house of worship does not violate the First Amendment and is not unconstitutionally vague or overbroad.Survivors Network of Those Abused by Priests, Inc. v. Joyce, 941 F.Supp.2d 1078 (E.D.Mo.).

(2015) Prohibition on profane discourse and rude or indecent behavior in disrupting a worship service is content based; the statute is not narrowly tailored to serve compelling state interests and thus violates the First Amendment.Survivors Network of Those Abused by Priests v. Joyce, 779 F.3d 785 (8th Cir.).

574.125 - Making a terrorist threat, third degree — penalty.

1.A person commits the offense of making a terrorist threat in the third degree if he or she, with criminal negligence with regard to the risk of causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation, knowingly:

(1)Communicates an express or implied threat to cause an incident or condition involving danger to life; or

(2)Communicates a knowingly false report of an incident or condition involving danger to life; or

(3)Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life.

2.The offense of making a terrorist threat in the third degree is a class A misdemeanor.

3.No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.

(L. 2014 S.B. 491)

Effective 1-01-17

574.070 - Promoting civil disorder in the first degree — penalty.

1.As used in this section, the following terms mean:

(1)"Civil disorder", any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual;

(2)"Explosive or incendiary device", includes:

(a)Dynamite and all other forms of high explosives;

(b)Any explosive bomb, grenade, missile, or similar device; and

(c)Any incendiary bomb or grenade, fire bomb, or similar device, including any device which consists of or includes a breakable container containing a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and can be carried or thrown by one individual acting alone;

(3)"Firearm", any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive, or the frame or receiver of any such weapon;

(4)"Law enforcement officer", any officer or employee of the United States, any state, any political subdivision of a state, or the District of Columbia.The term "law enforcement officer" shall specifically include, but shall not be limited to, members of the National Guard, as defined in Section 101(9) of Title 10, United States Code, and members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of National Guard as defined by Section 101(9) of Title 10, United States Code, and members of the Armed Forces of the United States.

2.A person commits the offense of promoting civil disorder if he or she teaches or demonstrates to any other person the use, application, or construction of any firearm, explosive, or incendiary device capable of causing injury or death to any person, knowing or intending that such firearm, explosive, or incendiary device be used in furtherance of a civil disorder.

3.The offense of promoting civil disorder is a class D felony.

4.Nothing contained in this section shall be construed to prohibit the training or teaching of the use of weapons for law enforcement purposes, hunting, recreation, competition, or other lawful uses and activities.