556.061. Code definitions.
Code definitions.
556.061. In this code, unless the context requires a differentdefinition, the following shall apply:
(1) "Affirmative defense" has the meaning specified in section556.056;
(2) "Burden of injecting the issue" has the meaning specified insection 556.051;
(3) "Commercial film and photographic print processor", any personwho develops exposed photographic film into negatives, slides or prints, orwho makes prints from negatives or slides, for compensation. The termcommercial film and photographic print processor shall include allemployees of such persons but shall not include a person who develops filmor makes prints for a public agency;
(4) "Confinement":
(a) A person is in confinement when such person is held in a place ofconfinement pursuant to arrest or order of a court, and remains inconfinement until:
a. A court orders the person's release; or
b. The person is released on bail, bond, or recognizance, personal orotherwise; or
c. A public servant having the legal power and duty to confine theperson authorizes his release without guard and without condition that hereturn to confinement;
(b) A person is not in confinement if:
a. The person is on probation or parole, temporary or otherwise; or
b. The person is under sentence to serve a term of confinement whichis not continuous, or is serving a sentence under a work-release program,and in either such case is not being held in a place of confinement or isnot being held under guard by a person having the legal power and duty totransport the person to or from a place of confinement;
(5) "Consent": consent or lack of consent may be expressed orimplied. Assent does not constitute consent if:
(a) It is given by a person who lacks the mental capacity toauthorize the conduct charged to constitute the offense and such mentalincapacity is manifest or known to the actor; or
(b) It is given by a person who by reason of youth, mental disease ordefect, or intoxication, is manifestly unable or known by the actor to beunable to make a reasonable judgment as to the nature or harmfulness of theconduct charged to constitute the offense; or
(c) It is induced by force, duress or deception;
(6) "Criminal negligence" has the meaning specified in section562.016, RSMo;
(7) "Custody", a person is in custody when the person has beenarrested but has not been delivered to a place of confinement;
(8) "Dangerous felony" means the felonies of arson in the firstdegree, assault in the first degree, attempted forcible rape if physicalinjury results, attempted forcible sodomy if physical injury results,forcible rape, forcible sodomy, kidnapping, murder in the second degree,assault of a law enforcement officer in the first degree, domestic assaultin the first degree, elder abuse in the first degree, robbery in the firstdegree, statutory rape in the first degree when the victim is a child lessthan twelve years of age at the time of the commission of the act givingrise to the offense, statutory sodomy in the first degree when the victimis a child less than twelve years of age at the time of the commission ofthe act giving rise to the offense, and, abuse of a child pursuant tosubdivision (2) of subsection 3 of section 568.060, RSMo, child kidnapping,and parental kidnapping committed by detaining or concealing thewhereabouts of the child for not less than one hundred twenty days undersection 565.153, RSMo;
(9) "Dangerous instrument" means any instrument, article orsubstance, which, under the circumstances in which it is used, is readilycapable of causing death or other serious physical injury;
(10) "Deadly weapon" means any firearm, loaded or unloaded, or anyweapon from which a shot, readily capable of producing death or seriousphysical injury, may be discharged, or a switchblade knife, dagger, billy,blackjack or metal knuckles;
(11) "Felony" has the meaning specified in section 556.016;
(12) "Forcible compulsion" means either:
(a) Physical force that overcomes reasonable resistance; or
(b) A threat, express or implied, that places a person in reasonablefear of death, serious physical injury or kidnapping of such person oranother person;
(13) "Incapacitated" means that physical or mental condition,temporary or permanent, in which a person is unconscious, unable toappraise the nature of such person's conduct, or unable to communicateunwillingness to an act. A person is not incapacitated with respect to anact committed upon such person if he or she became unconscious, unable toappraise the nature of such person's conduct or unable to communicateunwillingness to an act, after consenting to the act;
(14) "Infraction" has the meaning specified in section 556.021;
(15) "Inhabitable structure" has the meaning specified in section569.010, RSMo;
(16) "Knowingly" has the meaning specified in section 562.016, RSMo;
(17) "Law enforcement officer" means any public servant having boththe power and duty to make arrests for violations of the laws of thisstate, and federal law enforcement officers authorized to carry firearmsand to make arrests for violations of the laws of the United States;
(18) "Misdemeanor" has the meaning specified in section 556.016;
(19) "Offense" means any felony, misdemeanor or infraction;
(20) "Physical injury" means physical pain, illness, or anyimpairment of physical condition;
(21) "Place of confinement" means any building or facility and thegrounds thereof wherein a court is legally authorized to order that aperson charged with or convicted of a crime be held;
(22) "Possess" or "possessed" means having actual or constructivepossession of an object with knowledge of its presence. A person hasactual possession if such person has the object on his or her person orwithin easy reach and convenient control. A person has constructivepossession if such person has the power and the intention at a given timeto exercise dominion or control over the object either directly or throughanother person or persons. Possession may also be sole or joint. If oneperson alone has possession of an object, possession is sole. If two ormore persons share possession of an object, possession is joint;
(23) "Public servant" means any person employed in any way by agovernment of this state who is compensated by the government by reason ofsuch person's employment, any person appointed to a position with anygovernment of this state, or any person elected to a position with anygovernment of this state. It includes, but is not limited to, legislators,jurors, members of the judiciary and law enforcement officers. It does notinclude witnesses;
(24) "Purposely" has the meaning specified in section 562.016, RSMo;
(25) "Recklessly" has the meaning specified in section 562.016, RSMo;
(26) "Ritual" or "ceremony" means an act or series of acts performedby two or more persons as part of an established or prescribed pattern ofactivity;
(27) "Serious emotional injury", an injury that creates a substantialrisk of temporary or permanent medical or psychological damage, manifestedby impairment of a behavioral, cognitive or physical condition. Seriousemotional injury shall be established by testimony of qualified expertsupon the reasonable expectation of probable harm to a reasonable degree ofmedical or psychological certainty;
(28) "Serious physical injury" means physical injury that creates asubstantial risk of death or that causes serious disfigurement orprotracted loss or impairment of the function of any part of the body;
(29) "Sexual conduct" means acts of human masturbation; deviatesexual intercourse; sexual intercourse; or physical contact with a person'sclothed or unclothed genitals, pubic area, buttocks, or the breast of afemale in an act of apparent sexual stimulation or gratification;
(30) "Sexual contact" means any touching of the genitals or anus ofany person, or the breast of any female person, or any such touchingthrough the clothing, for the purpose of arousing or gratifying sexualdesire of any person;
(31) "Sexual performance", any performance, or part thereof, whichincludes sexual conduct by a child who is less than seventeen years of age;
(32) "Voluntary act" has the meaning specified in section 562.011,RSMo.
(L. 1977 S.B. 60, A.L. 1982 H.B. 1201, A.L. 1983 S.B. 44 & 45, S.B. 276, A.L. 1984 S.B. 448 § A, H.B. 1255, A.L. 1987 S.B. 372, A.L. 1990 H.B. 1370, et al., A.L. 1994 S.B. 763, A.L. 1999 H.B. 165 merged with S.B. 177, A.L. 2002 S.B. 969, et al., A.L. 2003 S.B. 5, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)