ORDINANCE
NO. 150448
Amending Chapter 50, Code of
Ordinances, by repealing Sections 50-73, 50-168, 50-169, 50-173, 50-232, 50-242
and 50-262 relating to offenses and enacting in lieu thereof seven new sections
of like number and subject.
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That
Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Sections 50-73, 50-168, 50-169, 50-173, 50-232, 50-242 and
50-262 relating to offenses and enacting in lieu thereof seven new sections of
like number and subject, to read as follows:
Sec. 50-73. Same—Violations
near school or church.
If any person
shall be found guilty of a violation of section 50-72 and such violation is
found to occur within 300 feet of a school or church, such person shall be
punished by imprisonment not to exceed 180 days or
by a fine of not less than $250.00 nor more than $1,000.00, or by both such
imprisonment and fine.
Sec. 50-168. Bodily injury—Attempting.
No person shall, by an intentional, overt act, attempt to
unlawfully inflict a bodily injury or attempt to cause an unlawful, offensive
contact upon the person of another. Any person found guilty of violating this
section shall be punished by imprisonment not to exceed 180 days or by a fine
of not less than $250.00 nor more than $1,000.00, or by both such imprisonment
and fine.
Sec. 50-169. Same—Inflicting.
No person shall, by an intentional, overt act, unlawfully
inflict bodily injury or cause an unlawful, offensive contact upon the person
of another. Any person found guilty of violating this section shall be
punished by imprisonment not to exceed 180 days or by a fine of not less than
$250.00 nor more than $1,000.00, or by both such imprisonment and fine.
Sec. 50-173. Witness intimidation.
It shall be unlawful for any person with a pending city
ordinance violation to contact a witness or complainant for the purpose of
threatening, coercing, intimidating, or otherwise discouraging a witness or
complainant from appearing in court to testify on behalf of the city. As used
in this section, contact shall include all forms of communication, and shall
extend to the actions of a third party taken on behalf, or at the direction, of
a person charged with a pending city ordinance violation. Any person found
guilty of violating this section shall be punished by imprisonment not to
exceed 180 days or by a fine of not less than $250.00 nor more than $1,000.00,
or by both such imprisonment and fine.
Sec. 50-232. Sexual abuse of a child.
(a) Definitions. As
used in this section the following terms mean:
Aggressor is
the person whose conduct causes or tends to cause physical injury to a child.
Child is a
person under the age of 17.
Sexual conduct means
any act of human masturbation or physical contact with a person’s
clothed or unclothed body in an act of apparent sexual stimulation or
gratification.
Sexual contact means
any contact with a person's pubic area, buttocks, breasts, or any other area on
the body of another, whether clothed or unclothed, in an act of apparent sexual
stimulation or gratification.
(b) Violation. A
person commits the ordinance violation of sexual abuse of a child by:
(1)
Subjecting a child, to whom that person is not married, to
sexual contact;
(2)
Engaging in sexual conduct with a child, to whom that person is
not married; or
(3)
Engaging in sexual conduct in the presence of a child, to whom
that person is not married.
(c)
Penalty. Any person found guilty of
violating this section shall be punished by imprisonment not to exceed 180 days
or by a fine of not less than $250.00 nor more than $1,000.00, or by both such
imprisonment and fine.
Sec. 50-242. Abuse of a child.
(a) Definitions. As
used in this section the following terms mean:
Abuse is any
physical injury inflicted by an aggressor against a child other than by
accidental means. Discipline, including spanking, administered in a reasonable
manner shall not be construed as abuse.
Aggressor is
the person whose conduct causes or tends to cause physical injury to a child.
Child is a
person under the age of 17.
(b) A
person commits the ordinance violation of abuse of a child if that person:
(1)
Attempts to cause physical injury to a child and such conduct is
a substantial step toward the commission of the crime of attempting to cause
physical injury and was done for the purpose of committing such assault; or
(2)
Intentionally causes physical injury to a child; or
(3)
Recklessly causes physical injury to a child.
(c)
Penalty. Any person found guilty of
violating this section shall be punished by imprisonment not to exceed 180 days
or by a fine of not less than $250.00 nor more than $1,000.00, or by both such
imprisonment and fine.
Sec. 50-262. Same—Penalty when firearm involved in
violation.
Any person violating any provision of section 50-261,
except for subdivisions (6) and (7) of subsection (a) of such section, where
the dangerous or deadly weapon involved in such violation is a firearm shall be
punished by imprisonment not to exceed 180 days or by a fine of not less than
$250.00 nor more than $1,000.00 or by both such imprisonment and fine.
___________________________________________________
Approved as to
form and legality:
__________________________________
Alan L. Holtkamp
Assistant City
Attorney