Chapter 575 Offenses Against the Administration of Justice

575.195 - Escape from commitment, detention, or conditional release — penalty.

Steven Groce, Attorney Advertisement

1.A person commits the offense of escape from commitment, detention, or conditional release if he or she has been committed to a state mental hospital under the provisions of chapter 552 or sections 632.480 to 632.513, or has been ordered to be taken into custody, detained, or held pursuant to sections 632.480 to 632.513, or as provided by section 632.475, has been committed to the department of mental health as a criminal sexual psychopath under statutes in effect before August 13, 1980, or has been granted a conditional release under the provisions of chapter 552 or sections 632.480 to 632.513, and he or she escapes from such commitment, detention, or conditional release.

2.The offense of escape from commitment, detention, or conditional release is a class E felony.

(L. 1977 S.B. 60, A.L. 2004 H.B. 1215, A.L. 2006 H.B. 1698, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

575.095 - Tampering with a judicial officer — penalty.

1.A person commits the offense of tampering with a judicial officer if, with the purpose to harass, intimidate or influence a judicial officer in the performance of such officer's official duties, such person:

(1)Threatens or causes harm to such judicial officer or members of such judicial officer's family;

(2)Uses force, threats, or deception against or toward such judicial officer or members of such judicial officer's family;

(3)Offers, conveys or agrees to convey any benefit direct or indirect upon such judicial officer or such judicial officer's family;

(4)Engages in conduct reasonably calculated to harass or alarm such judicial officer or such judicial officer's family, including stalking pursuant to section 565.225 or 565.227.

2.A judicial officer for purposes of this section shall be a judge, arbitrator, special master, juvenile officer, deputy juvenile officer, state prosecuting or circuit attorney, state assistant prosecuting or circuit attorney, juvenile court commissioner, state probation or parole officer, or referee.

3.A judicial officer's family for purposes of this section shall be:

(1)Such officer's spouse; or

(2)Such officer or such officer's spouse's ancestor or descendant by blood or adoption; or

(3)Such officer's stepchild, while the marriage creating that relationship exists.

4.The offense of tampering with a judicial officer is a class D felony.

(L. 1989 S.B. 215 & 58, A.L. 1995 H.B. 424, A.L. 1997 S.B. 367, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.084; Effective 1-01-17

575.133 - Filing a nonconsensual common law lien — penalty.

1.A person commits the offense of filing a nonconsensual common law lien if he or she files a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:

(1)Is not expressly provided for by a specific state or federal statute;

(2)Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and

(3)Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

2.This section shall not apply to a filing officer as defined in section 428.105 that is acting in the scope of his or her employment.

3.The offense of filing a nonconsensual common law lien is a class B misdemeanor.

(L. 2014 S.B. 491)

Effective 1-01-17

575.280 - Acceding to corruption — penalties.

1.A person commits the offense of acceding to corruption if he or she:

(1)Is a judge, juror, special master, referee or arbitrator and knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, on the representation or understanding that it will influence his or her official action in a judicial proceeding pending in any court or before such official or juror;

(2)Is a witness or prospective witness in any official proceeding and knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, on the representation or understanding that he or she will disobey a subpoena or other legal process, absent himself or herself, avoid subpoena or other legal process, withhold evidence, information or documents, or testify falsely.

2.The offense of acceding to corruption under subdivision (1) of subsection 1 of this section is a class C felony.The offense of acceding to corruption under subdivision (2) of subsection 1 of this section in a felony prosecution or on the representation or understanding of testifying falsely is a class D felony.Otherwise acceding to corruption is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)

575.080 - False reports — penalty.

1.A person commits the offense of making a false report if he or she knowingly:

(1)Gives false information to any person for the purpose of implicating another person in an offense; or

(2)Makes a false report to a law enforcement officer that an offense 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 or is about to occur.

2.It is a defense to a prosecution under subsection 1 of this section that the person 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 2 of this section.

4.The offense of making a false report is a class B misdemeanor.

(L. 1977 S.B. 60, A.L. 2002 S.B. 712, A.L. 2014 S.B. 491)

Effective 1-01-17

575.180 - Failure to execute an arrest warrant — penalties.

1.A law enforcement officer commits the offense of failure to execute an arrest warrant if, with the purpose of allowing any person charged with or convicted of a crime to escape, he or she fails to execute any arrest warrant, capias, or other lawful process ordering apprehension or confinement of such person, which he or she is authorized and required by law to execute.

2.The offense of failure to execute an arrest warrant is a class A misdemeanor, unless the offense involved is a felony, in which case failure to execute an arrest warrant is a class E felony.

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

Effective 1-01-17

(1989) Marshal of the court of appeals is a law enforcement officer within the meaning of this section. (Mo. banc) State v. Wahby, 775 S.W.2d 147.

575.290 - Improper communication — penalty.

1.A person commits the offense of improper communication if he or 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.

2.The offense of improper communication is a class B misdemeanor.

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

Effective 1-01-17

575.190 - Refusal to identify as a witness — penalty.

1.A person commits the offense of refusal to identify as a witness if, knowing he or she has witnessed any portion of an offense, or of any other incident resulting in physical injury or substantial property damage, he or she refuses to report or gives a false report of his or her name and present address to a law enforcement officer engaged in the performance of his or her duties.

2.The offense of refusal to identify as a witness is a class C misdemeanor.

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

Effective 1-01-17

575.090 - False bomb report — penalty.

1.A person commits the offense of making a false bomb report if he or she 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.

2.Making a false bomb report is a class E felony.

(L. 1977 S.B. 60, A.L. 1996 H.B. 1301 & 1298, A.L. 2014 S.B. 491)

Effective 1-01-17

575.206 - Violating a condition of lifetime supervision — penalty.

1.A person commits the offense of violating a condition of lifetime supervision if he or she knowingly violates a condition of probation, parole, or conditional release when such condition was imposed by an order of a court under section 559.106 or an order of the board of probation and parole under section 217.735.

2.The offense of violating a condition of lifetime supervision is a class D felony.

(L. 2005 H.B. 353 merged with H.B. 972, A.L. 2014 S.B. 491)

Effective 1-01-17

575.157 - Endangering a mental health employee, visitor, or another offender — definitions — penalties.

1.An offender commits the offense of endangering a department of mental health employee, a visitor or other person at a secure facility, or another offender if he or she attempts to cause or knowingly causes such individual to come into contact with blood, seminal fluid, urine, feces, or saliva.

2.For purposes of this section, the following terms mean:

(1)"Department of mental health employee", a person who is an employee of the department of mental health, an employee or contracted employee of a subcontractor of the department of mental health, or an employee or contracted employee of a subcontractor of an entity responsible for confining offenders as authorized by section 632.495;

(2)"Offender", persons ordered to the department of mental health after a determination by the court that such persons may meet the definition of a sexually violent predator, persons ordered to the department of mental health after a finding of probable cause under section 632.489, and persons committed for control, care, and treatment by the department of mental health under sections 632.480 to 632.513;

(3)"Secure facility", a facility operated by the department of mental health or an entity responsible for confining offenders as authorized by section 632.495.

3.The offense of endangering a department of mental health employee, a visitor or other person at a secure facility, or another offender is a class E felony.If an offender is knowingly infected with the human immunodeficiency virus (HIV), hepatitis B, or hepatitis C and exposes another individual to HIV or hepatitis B or hepatitis C by committing the offense of endangering a department of mental health employee, a visitor or other person at a mental health facility, or another offender, the offense is a class D felony.

(L. 2010 S.B. 774, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.086; Effective 1-01-17

575.353 - Assault on a police animal — penalties.

1.A person commits the offense of assault on a police animal if he or she knowingly attempts to kill or disable or knowingly causes or attempts to cause serious physical injury to a police animal when that animal is involved in law enforcement investigation, apprehension, tracking, or search, or the animal is in the custody of or under the control of a law enforcement officer, department of corrections officer, municipal police department, fire department or a rescue unit or agency.

2.The offense of assault on a police animal is a class C misdemeanor, unless the assault results in the death of such animal or disables such animal to the extent it is unable to be utilized as a police animal, in which case it is a class E felony.

(L. 1999 H.B. 248 § 575.337, A.L. 2014 S.B. 491)

Effective 1-01-17

575.153 - Disarming a peace officer or correctional officer — penalty.

1.A person commits the offense of disarming a peace officer, as defined in section 590.010, or a correctional officer if he or she intentionally:

(1)Removes a firearm, deadly weapon, or less-lethal weapon, to include and including any blunt impact, chemical or conducted energy devices, used in the performance of his or her official duties from the person of a peace officer or correctional officer while such officer is acting within the scope of his or her official duties; or

(2)Deprives a peace officer or correctional officer of such officer's use of a firearm, deadly weapon, or any other equipment described in subdivision (1) of this subsection while the officer is acting within the scope of his or her official duties.

2.The provisions of this section shall not apply when:

(1)The person does not know or could not reasonably have known that the person he or she disarmed was a peace officer or correctional officer; or

(2)The peace officer or correctional officer was engaged in an incident involving felonious conduct by the peace officer or correctional officer at the time the person disarmed such officer.

3.The offense of disarming a peace officer or correctional officer is a class D felony.

(L. 2009 H.B. 62, A.L. 2014 H.B. 1231 merged with S.B. 491 merged with S.B. 656)

Effective 1-01-17

575.155 - Endangering a corrections employee — definitions — penalties.

1.An offender or prisoner commits the offense of endangering a corrections employee, a visitor to a correctional center, county or city jail, or another offender or prisoner if he or she attempts to cause or knowingly causes such person to come into contact with blood, seminal fluid, urine, feces, or saliva.

2.For the purposes of this section, the following terms mean:

(1)"Corrections employee", a person who is an employee, or contracted employee of a subcontractor, of a department or agency responsible for operating a jail, prison, correctional facility, or sexual offender treatment center or a person who is assigned to work in a jail, prison, correctional facility, or sexual offender treatment center;

(2)"Offender", a person in the custody of the department of corrections;

(3)"Prisoner", a person confined in a county or city jail.

3.The offense of endangering a corrections employee, a visitor to a correctional center, county or city jail, or another offender or prisoner is a class E felony unless the substance is unidentified in which case it is a class A misdemeanor.If an offender or prisoner is knowingly infected with the human immunodeficiency virus (HIV), hepatitis B or hepatitis C and exposes another person to HIV or hepatitis B or hepatitis C by committing the offense of endangering a corrections employee, a visitor to a correctional center, county or city jail, or another offender or prisoner, it is a class D felony.

(L. 2005 H.B. 700, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.085; Effective 1-01-17

575.300 - Misconduct by a juror — penalty.

1.A juror commits the offense of misconduct by a juror if he or she knowingly:

(1)Promises or agrees, prior to the submission of a cause to the jury for deliberation, to vote for or agree to a verdict for or against any party in a judicial proceeding; or

(2)Receives any paper, evidence or information from anyone in relation to any judicial proceeding for the trial of which he has been or may be sworn, without the authority of the court or officer before whom such proceeding is pending, and does not immediately disclose the same to such court or officer.

2.The offense of misconduct by a juror is a class A misdemeanor.

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

Effective 1-01-17

575.200 - Escape or attempted escape from custody — penalty.

1.A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any crime, he or she escapes or attempts to escape from custody.

2.The offense of escape or attempted escape from custody is a class A misdemeanor unless:

(1)The person escaping or attempting to escape is under arrest for a felony, in which case it is a class E felony; or

(2)The offense is committed by means of a deadly weapon or dangerous instrument or by holding any person as hostage, in which case it is a class A felony.

(L. 1977 S.B. 60, A.L. 1986 S.B. 450, A.L. 2014 S.B. 491)

Effective 1-01-17

575.100 - Tampering with physical evidence — penalties.

1.A person commits the offense of tampering with physical evidence if he or she:

(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.

2.The offense of tampering with physical evidence is a class A misdemeanor, unless the person impairs or obstructs the prosecution or defense of a felony, in which case tampering with physical evidence is a class E felony.

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

Effective 1-01-17

575.159 - Aiding a sexual offender — applicability of section — penalty.

1.A person commits the offense of aiding a sexual offender if he or she knows that another person is a convicted sexual offender who is required to register as a sexual offender and has reason to believe that such sexual offender is not complying, or has not complied with the requirements of sections 589.400 to 589.425, and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the offender about, or to arrest the offender for, his or her noncompliance with the requirements of sections 589.400 to 589.425:

(1)Withholds information from or does not notify the law enforcement agency about the sexual offender's noncompliance with the requirements of sections 589.400 to 589.425, and, if known, the whereabouts of the sexual offender;

(2)Harbors or attempts to harbor or assists another person in harboring or attempting to harbor the sexual offender;

(3)Conceals or attempts to conceal or assists another person in concealing or attempting to conceal the sexual offender; or

(4)Provides information to the law enforcement agency regarding the sexual offender which he or she knows to be false information.

2.The provisions of this section do not apply if the sexual offender is incarcerated in, or is in the custody of, a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility.

3.The offense of aiding a sexual offender is a class E felony.

(L. 2006 H.B. 1698, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

575.210 - Escape or attempted escape from confinement — penalties.

1.A person commits the offense of escape or attempted escape from confinement if, while being held in confinement after arrest for any offense, while serving a sentence after conviction for any offense, or while at an institutional treatment center operated by the department of corrections as a condition of probation or parole, he or she escapes or attempts to escape from confinement.

2.The offense of escape or attempted escape from confinement in the department of corrections is a class B felony.

3.The offense of escape or attempted escape from confinement in a county or private jail or city or county correctional facility is a class E felony unless:

(1)The offense is facilitated by striking or beating any person, in which case it is a class D felony;

(2)The offense is committed by means of a deadly weapon or dangerous instrument or by holding any person as hostage, in which case it is a class A felony.

(L. 1977 S.B. 60, A.L. 1986 S.B. 450, A.L. 1994 S.B. 763, A.L. 1995 H.B. 424, A.L. 2009 S.B. 44, A.L. 2014 S.B. 491)

Effective 1-01-17

575.310 - Misconduct in selecting or summoning a juror — penalty.

1.A public servant authorized by law to select or summon any juror commits the offense of misconduct in selecting or summoning a juror if he or she knowingly acts unfairly, improperly or not impartially in selecting or summoning any person or persons to be a member or members of a jury.

2.The offense of misconduct in selecting or summoning a juror is a class B misdemeanor.

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

Effective 1-01-17

575.110 - Tampering with a public record — penalty.

1.A person commits the offense of tampering with a public record if with the purpose to impair the verity, legibility or availability of a public record, he or she:

(1)Knowingly makes a false entry in or falsely alters any public record; or

(2)Knowing he or she lacks authority to do so, destroys, suppresses or conceals any public record.

2.The offense of tampering with a public record is a class A misdemeanor.

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

Effective 1-01-17

575.010 - Definitions.

The following definitions shall apply to this chapter and chapter 576:

(1)"Affidavit" means any written statement which is authorized or required by law to be made under oath, and which is sworn to before a person authorized to administer oaths;

(2)"Government" means any branch or agency of the government of this state or of any political subdivision thereof;

(3)"Highway" means any public road or thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality;

(4)"Judicial proceeding" means any official proceeding in court, or any proceeding authorized by or held under the supervision of a court;

(5)"Juror" means a grand or petit juror, including a person who has been drawn or summoned to attend as a prospective juror;

(6)"Jury" means a grand or petit jury, including any panel which has been drawn or summoned to attend as prospective jurors;

(7)"Official proceeding" means any cause, matter, or proceeding where the laws of this state require that evidence considered therein be under oath or affirmation;

(8)"Police animal" means a dog, horse or other animal used in law enforcement or a correctional facility, or by a municipal police department, fire department, search and rescue unit or agency, whether the animal is on duty or not on duty.The term shall include, but not be limited to, accelerant detection dogs, bomb detection dogs, narcotic detection dogs, search and rescue dogs and tracking animals;

(9)"Public record" means any document which a public servant is required by law to keep;

(10)"Testimony" means any oral statement under oath or affirmation;

(11)"Victim" means any natural person against whom any crime is deemed to have been perpetrated or attempted;

(12)"Witness" means any natural person:

(a)Having knowledge of the existence or nonexistence of facts relating to any crime; or

(b)Whose declaration under oath is received as evidence for any purpose; or

(c)Who has reported any crime to any peace officer or prosecutor; or

(d)Who has been served with a subpoena issued under the authority of any court of this state.

(L. 1977 S.B. 60, A.L. 1983 S.B. 24, A.L. 1999 H.B. 248, A.L. 2002 H.B. 1270 and H.B. 2032)

575.145 - Signal or direction of law enforcement or firefighter, duty to stop, motor vehicle operators and riders of animals — violation, penalty.

1.It shall be the duty of the operator or driver of any vehicle or any other conveyance regardless of means of propulsion, or the rider of any animal traveling on the highways of this state to stop on signal of any law enforcement officer or firefighter and to obey any other reasonable signal or direction of such law enforcement officer or firefighter given in directing the movement of traffic on the highways or enforcing any offense or infraction.

2.The offense of willfully failing or refusing to obey such signals or directions or willfully resisting or opposing a law enforcement officer or a firefighter in the proper discharge of his or her duties is a class A misdemeanor.

(L. 2002 H.B. 1270 and H.B. 2032, A.L. 2014 S.B. 491, A.L. 2016 S.B. 732)

Effective 1-01-17

575.130 - Simulating legal process — penalty.

1.A person commits the offense of simulating legal process if, with purpose to mislead the recipient and cause him or her to take action in reliance thereon, he or she 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.

3.The offense of simulating legal process is a class B misdemeanor.

(L. 1977 S.B. 60, A.L. 1996 S.B. 869, A.L. 2014 S.B. 491)

Effective 1-01-17

575.030 - Hindering prosecution — penalties.

1.A person commits the offense of hindering prosecution if, for the purpose of preventing the apprehension, prosecution, conviction or punishment of another person for conduct constituting an offense, he or she:

(1)Harbors or conceals such person; or

(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; or

(3)Provides such person with money, transportation, weapon, disguise or other means to aid him 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.

2.The offense of hindering prosecution is a class A misdemeanor, unless the conduct of the other person constitutes a felony, in which case it is a class E felony.

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

Effective 1-01-17

575.230 - Aiding escape of a prisoner — penalties.

1.A person commits the offense of aiding escape of a prisoner if he or she:

(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 offense; 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.

2.The offense of aiding escape of a prisoner is a class A misdemeanor, unless committed by introducing a deadly weapon or dangerous instrument into a place of confinement or aiding escape of a prisoner being held in custody or confinement on the basis of a felony charge or conviction, in which case it is a class B felony.

(L. 1977 S.B. 60, A.L. 2001 H.B. 144 & 46, A.L. 2014 S.B. 491)

Effective 1-01-17

575.020 - Concealing an offense — penalties.

1.A person commits the offense of concealing an offense if he or she:

(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 or her concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.

2.The offense of concealing an offense is a class A misdemeanor, unless the offense concealed a felony, in which case concealing an offense is a class E felony.

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

Effective 1-01-17

575.120 - False impersonation — penalties.

1.A person commits the offense of false impersonation if such person:

(1)Falsely represents himself or herself to be a public servant with the purpose to induce another to submit to his or her pretended official authority or to rely upon his or her pretended official acts; and

(a)Performs an act in that pretended capacity; or

(b)Causes another to act in reliance upon his or her pretended official authority;

(2)Falsely represents himself or 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

(a)Performs an act in that pretended capacity; or

(b)Causes another to act in reliance upon such representation; or

(3)Upon being arrested, falsely represents himself or herself, to a law enforcement officer, with the first and last name, date of birth, or Social Security number, or a substantial number of identifying factors or characteristics as that of another person that results in the filing of a report or record of arrest or conviction for an infraction or offense that contains the first and last name, date of birth, and Social Security number, or a substantial number of identifying factors or characteristics to that of such other person as to cause such other person to be identified as the actual person arrested or convicted.

2.If a violation of subdivision (3) of subsection 1 of this section is discovered prior to any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney, bringing any action on the underlying charge, shall notify the court thereof, and the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.

3.If a violation of subdivision (3) of subsection 1 of this section is discovered after any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney of the county in which the conviction occurred shall file a motion in the underlying case with the court to correct the arrest and court records after discovery of the fraud upon the court.The court shall order the false identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.

4.Any person who is the victim of a false impersonation and whose identity has been falsely reported in arrest or conviction records may move for expungement and correction of said records under the procedures set forth in section 610.123.Upon a showing that a substantial number of identifying factors of the victim was falsely ascribed to the person actually arrested or convicted, the court shall order the false identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate factors from the arrest and court records.

5.The offense of false impersonation is a class B misdemeanor unless the person represents himself or herself to be a law enforcement officer in which case it is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2004 H.B. 916, A.L. 2014 S.B. 491)

Effective 1-01-17

575.320 - Misconduct in administration of justice — penalty.

1.A public servant, in his or her public capacity or under color of his or her office or employment, commits the offense of misconduct in administration of justice if he or she:

(1)Is charged with the custody of any person accused or convicted of any offense or municipal ordinance violation and he or she coerces, threatens, abuses or strikes such person for the purpose of securing a confession from him or her;

(2)Knowingly seizes or levies upon any property or dispossesses anyone of any lands or tenements without due and legal process, or other lawful authority;

(3)Is a judge and knowingly accepts a plea of guilty from any person charged with a violation of a statute or ordinance at any place other than at the place provided by law for holding court by such judge;

(4)Is a jailer or keeper of a county jail and knowingly refuses to receive, in the jail under his or her charge, any person lawfully committed to such jail on any criminal charge or criminal conviction by any court of this state, or on any warrant and commitment or capias on any criminal charge issued by any court of this state;

(5)Is a law enforcement officer and violates the provisions of section 544.170 by knowingly:

(a)Refusing to release any person in custody who is entitled to such release; or

(b)Refusing to permit a person in custody to see and consult with counsel or other persons; or

(c)Transferring any person in custody to the custody or control of another, or to another place, for the purpose of avoiding the provisions of that section; or

(d)Proffering against any person in custody a false charge for the purpose of avoiding the provisions of that section; or

(6)Orders or suggests to an employee of a political subdivision that such employee shall issue a certain number of traffic citations on a daily, weekly, monthly, quarterly, yearly or other quota basis or that such employee shall increase the number of traffic citations that he or she is currently issuing.

2.The offense of misconduct in the administration of justice is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491, A.L. 2016 S.B. 765)

Effective 1-01-17

575.220 - Failure to return to confinement — penalties.

1.A person commits the offense of failure to return to confinement if, while serving a sentence for any offense under a work-release program, or while under sentence of any offense to serve a term of confinement which is not continuous, or while serving any other type of sentence for any offense wherein he or she is temporarily permitted to go at large without guard, he or she purposely fails to return to confinement when he or she 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.

3.The offense of failure to return to confinement is a class C misdemeanor unless:

(1)The sentence being served is one of confinement in a county or private jail on conviction of a felony, in which case it is a class A misdemeanor; or

(2)The sentence being served is to the Missouri department of corrections, in which case it is a class E felony.

(L. 1977 S.B. 60, A.L. 2009 S.B. 44, A.L. 2014 S.B. 491)

Effective 1-01-17

575.170 - Refusing to make an employee available for service of process — penalty.

1.An employer, or agent who is in charge of a business establishment, commits the offense of refusing to make an employee available for service of process if he or she 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.

2.The offense of refusing to make an employee available for service of process is a class C misdemeanor.

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

Effective 1-01-17

575.070 - Proof of falsity of statements.

No person shall be convicted of a violation of section* 575.040, 575.050 or 575.060 based upon the making of a false statement except upon proof of the falsity of the statement by:

(1)The direct evidence of two witnesses; or

(2)The direct evidence of one witness together with strongly corroborating circumstances; or

(3)Demonstrative evidence which conclusively proves the falsity of the statement; or

(4)A directly contradictory statement by the defendant under oath together with:

(a)The direct evidence of one witness; or

(b)Strongly corroborating circumstances; or

(5)A judicial admission by the defendant that he or she made the statement knowing it was false.An admission, which is not a judicial admission, by the defendant that he or she made the statement knowing it was false may constitute strongly corroborating circumstances.

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

Effective 1-01-17

*Word "sections" appears in original rolls.

575.270 - Tampering with a witness or victim — penalties.

1.A person commits the offense of tampering with a witness or victim if:

(1)With the purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, absent himself or herself, avoid subpoena or other legal process, withhold evidence, information, or documents, or testify falsely, he or she:

(a)Threatens or causes harm to any person or property; or

(b)Uses force, threats or deception; or

(c)Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or

(d)Conveys any of the foregoing to another in furtherance of a conspiracy; or

(2)He or she purposely prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from:

(a)Making any report of such victimization to any peace officer, state, local or federal law enforcement officer, prosecuting agency, or judge;

(b)Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;

(c)Arresting or causing or seeking the arrest of any person in connection with such victimization.

2.The offense of tampering with a witness or victim is a class A misdemeanor, unless the original charge is a felony, in which case tampering with a witness or victim is a class D felony.Persons convicted under this section shall not be eligible for parole.

(L. 1977 S.B. 60, A.L. 1983 S.B. 24, A.L. 2005 H.B. 353, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCES:

Court order against witness or victim tampering, 491.600; violations, 491.610

Pretrial release of defendant conditioned on no tampering, forms for bail or bond to set out also forfeiture of bond, 491.620

575.060 - False declarations — penalty.

1.A person commits the offense of making a false declaration if, with the purpose to mislead a public servant in the performance of his or her duty, such person:

(1)Submits any written false statement, which he or she does not believe to be true:

(a)In an application for any pecuniary benefit or other consideration; or

(b)On a form bearing notice, authorized by law, that false statements made therein are punishable; or

(2)Submits or invites reliance on:

(a)Any writing which he or she knows to be forged, altered or otherwise lacking in authenticity; or

(b)Any sample, specimen, map, boundary mark, or other object which he or she knows to be false.

2.The falsity of the statement or the item under subsection 1 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 section 575.040 shall apply to prosecutions under subsection 1 of this section.

3.It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement or item but this defense shall not apply if the retraction was made after:

(1)The falsity of the statement or item was exposed; or

(2)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 3 of this section.

5.For the purpose of this section, "written" shall include filings submitted in an electronic or other format or medium approved or prescribed by the secretary of state.

6.The offense of making a false declaration is a class B misdemeanor.

(L. 1977 S.B. 60, A.L. 2002 S.B. 895, A.L. 2014 S.B. 491)

Effective 1-01-17

575.160 - Interference with legal process — penalty.

1.A person commits the offense of interference with legal process if, knowing another person is authorized by law to serve process, he or she interferes with or obstructs such person for the purpose of preventing such person from effecting the service of any process.

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

3.The offense of interference with legal process is a class B misdemeanor.

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

Effective 1-01-17

575.260 - Tampering with a judicial proceeding — penalty.

1.A person commits the offense of tampering with a judicial proceeding if, with the purpose to influence the official action of a judge, juror, special master, referee, arbitrator, state prosecuting or circuit attorney, state assistant prosecuting or circuit attorney, or attorney general in a judicial proceeding, he or she:

(1)Threatens or causes harm to any person or property; or

(2)Engages in conduct reasonably calculated to harass or alarm such official or juror; or

(3)Offers, confers, or agrees to confer any benefit, direct or indirect, upon such official or juror.

2.The offense of tampering with a judicial proceeding is a class D felony.

(L. 1977 S.B. 60, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)

Effective 1-01-17

575.240 - Permitting escape — penalties.

1.A public servant, contract employee of a county or private jail, or employee of a private jail who is authorized and required by law to have charge of any person charged with or convicted of any offense commits the offense of permitting escape if he or she knowingly:

(1)Suffers, allows or permits any deadly weapon or dangerous instrument, or anything adapted or designed for use in making an escape, to be introduced into or allowed to remain in any place of confinement, in violation of law, regulations or rules governing the operation of the place of confinement; or

(2)Suffers, allows or permits a person in custody or confinement to escape.

2.The offense of permitting escape is a class E felony, unless committed by suffering, allowing, or permitting any deadly weapon or dangerous instrument to be introduced into a place of confinement, in which case it is a class B felony.

(L. 1977 S.B. 60, A.L. 2009 S.B. 44, A.L. 2014 S.B. 491)

Effective 1-01-17

575.040 - Perjury — penalties.

1.A person commits the offense of perjury if, with the purpose to deceive, he or she knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths.

2.A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding.

3.Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:

(1)The person mistakenly believed the fact to be immaterial; or

(2)The person was not competent, for reasons other than mental disability or immaturity, to make the statement.

4.It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement in the course of the official proceeding in which it was made provided he or she did so before the falsity of the statement was exposed.Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.

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

6.The offense of perjury committed in any proceeding not involving a felony charge is a class E felony.

7.The offense of perjury committed in any proceeding involving a felony charge is a class D felony unless:

(1)It is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, in which case it is a class B felony; or

(2)It is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, in which case it is a class A felony.

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

Effective 1-01-17

575.250 - Disturbing a judicial proceeding — penalty.

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

2.The offense of disturbing a judicial proceeding is a class A misdemeanor.

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

Effective 1-01-17

575.150 - Resisting or interfering with arrest — penalties.

1.A person commits the offense of resisting or interfering with arrest, detention, or stop if he or she knows or reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, and for the purpose of preventing the officer from effecting the arrest, stop or detention, he or she:

(1)Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or

(2)Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.

2.This section applies to:

(1)Arrests, stops, or detentions, with or without warrants;

(2)Arrests, stops, or detentions, for any offense, infraction, or ordinance violation; and

(3)Arrests for warrants issued by a court or a probation and parole officer.

3.A person is presumed to be fleeing a vehicle stop if he or she continues to operate a motor vehicle after he or she has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing him or her.

4.It is no defense to a prosecution pursuant to subsection 1 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.

5.The offense of resisting or interfering with an arrest is a class E felony for an arrest for a:

(1)Felony;

(2)Warrant issued for failure to appear on a felony case; or

(3)Warrant issued for a probation violation on a felony case.

The offense of resisting an arrest, detention or stop in violation of subdivision (1) or (2) of subsection 1 of this section is a class A misdemeanor, unless the person fleeing creates a substantial risk of serious physical injury or death to any person, in which case it is a class E felony.

(L. 1977 S.B. 60, A.L. 1996 H.B. 1047, A.L. 2002 H.B. 1270 and H.B. 2032, A.L. 2005 H.B. 353, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)

Effective 1-01-17

(1992)Offense of resisting arrest is the resistance by the defendant and the number of offenses for resisting arrest is not dependent upon how many officers were attempting to arrest defendant.Double jeopardy bars multiple convictions for the same offense where the conduct is continuous.State v. Good, 851 S.W.2d 1 (Mo. App. S.D.).

(1993) Statute requires for the crime of resisting arrest:first that a person knows that a law enforcement officer is making an arrest, and second that the person resists the arrest by fleeing for the purpose of preventing the officer from effecting the arrest.Where there was no evidence that officer was making an arrest nor was there any evidence that defendant knew that the officer was making an arrest, there was no evidence to sustain a conviction for resisting arrest.State v. Dossett, 851 S.W.2d 750 (Mo. App. W.D.).

575.050 - False affidavit — penalties.

1.A person commits the offense of making a false affidavit if, with purpose to mislead any person, he or she, in any affidavit, swears falsely to a fact which is material to the purpose for which said affidavit is made.

2.The provisions of subsections 2 and 3 of section 575.040 shall apply to prosecutions under subsection 1 of this section.

3.It is a defense to a prosecution under subsection 1 of this section that the person 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 3 of this section.

5.The offense of making a false affidavit is a class C misdemeanor, unless done for the purpose of misleading a public servant in the performance of his or her duty, in which case it is a class A misdemeanor.

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

Effective 1-01-17

575.205 - Tampering with electronic monitoring equipment — penalty.

1.A person commits the offense of tampering with electronic monitoring equipment if he or she intentionally removes, alters, tampers with, damages, or destroys electronic monitoring equipment which a court or the board of probation and parole has required such person to wear.

2.This section does not apply to the owner of the equipment or an agent of the owner who is performing ordinary maintenance or repairs on the equipment.

3.The offense of tampering with electronic monitoring equipment is a class D felony.