City of pleasant hope missouri municipal code

Chapter 225 – Criminal Code

Section 225.010: Classification of Crimes, Penalties & Fines

Sub Section A. Crimes shall be divided into five (5) parts:

1. 
   Classifications:
   
2. 
   Class A Misdemeanor
   
3. 
   Class B Misdemeanor
   
4. 
   Class C Misdemeanor
   
5. 
   An Infraction
   
6. 
   Misdemeanor
   

Sub Section B. Penalties for Misdemeanors and Infractions:

A person who is convicted of a misdemeanor or infraction may be sentenced to the following penalty which does not exceed:

1. 
   For a Class A Misdemeanor, $500 and /or a term in the Polk County Jail not to exceed 90-days.
   

2. 
   For a Class B Misdemeanor, $400 and/or a term in the Polk County Jail not to exceed 60-days.
   

3. 
   For a Class C Misdemeanor, $300 and/or a term in the Polk County Jail not to exceed 15-days.
   

4. 
   For an Infraction, $200.
   

If the crime is designated a misdemeanor without specifying a class or a penalty, the penalty may not exceed a fine of $500 and a term not to exceed 90-days.

If the crime specifies a penalty that penalty shall apply in lieu of the above.
Sub Section C. Fines for Corporations:

A sentence to a pay a fine when imposed on a corporation for an offense defined in this Chapter shall be a sentence to pay an amount fixed by the Court and not exceeding:

1. 
   For a Class A Misdemeanor, $500.00 and /or a term in the Polk County Jail not to exceed 90-days.
   

2. 
   For a Class B Misdemeanor, $400.00 and/or a term in the Polk County Jail not to exceed 60-days.
   

3. 
   For a Class C Misdemeanor, $300.00 and/or a term in the Polk County Jail not to exceed 15-days.
   

4. 
   For an Infraction, $200.00.
   

If the crime specifies a penalty that penalty shall apply in lieu of the above not exceed double the amount of the corporations gain the commission of the offense.

Section 225.020: Culpable Mental State

Sub Section A. Culpable Mental State Required

1. 
   A person acts knowingly or with knowledge with respect to his conduct or to attendant circumstances, when he is aware of the nature of his conduct or that those circumstances exist or with respect to the result of his conduct, when he is aware is practically certain to cause that result.
   
2. 
   A person acts recklessly or is reckless when he consciously disregards the substantial and unjustifiable risk as circumstances exist or that a result will follow and that such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in this situation.
   
3. 
   A person acts with criminal negligence or is criminally negligent when he fails to be aware of the substantial and unjustifiable risk that circumstances exist or that a result will follow and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in this situation.
   

Sub Section B. Culpable Mental State Not Required

1. 
   If the offense is an infraction and no culpable state is prescribed by the Ordinance defining the offense, or,
   

2. 
   If the Ordinance defining the offense clearly indicates the purpose to dispense with the requirement of any culpable mental state as to a specific element of the offense.
   

Sub Section C. Application of Culpable Mental State:

If the definition of an offense prescribes negligence as a culpable mental state, it is also established if a person acts purposely or knowingly, or recklessly suffices to establish a culpable mental state, it is also established if a person acts purposely or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.

Section 225.030: Attempt to Commit an Offense

Sub Section A. A person is guilty of attempt to commit an offense when with the purpose of committing the offense; he does any act which is a substantial step toward the commission of the offense. A substantial step is conduct which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense.
Sub Section B. It is not defense to a prosecution under this section that the offense attempted was under the actual attendant circumstances factually or legally impossible of commission if such offense could have been committed had the attendant circumstances been as the actor believed them to be.
Sub Section C. Unless otherwise provided, an attempt to commit an offense is a Class C Misdemeanor if the offense attempted is a misdemeanor of any degree.

Section 225.030: Concealing an Offense

Sub Section A. A person commits the crime of concealing an offense if:

1. 
   He 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 with holding any evidence thereof; or
   

2. 
   He accepts or agrees to accept any pecuniary benefit or other consideration of his concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.
   

Sub Section B. Concealing an offense is a Class A Misdemeanor

Section 225.040: For Future Use

Section 225.050: Hindering a Prosecution

Sub Section A. 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; 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.
   

Sub Section B. Hindering prosecution is a Class A misdemeanor.