Missouri Revised Statutes

Chapter 578
Miscellaneous Offenses

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Definitions.

578.005. As used in sections 578.005 to 578.023, the following terms shall mean:

(1) "Adequate care", normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal;

(2) "Adequate control", to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property;

(3) "Animal", every living vertebrate except a human being;

(4) "Animal shelter", a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization devoted to the welfare, protection, and humane treatment of animals;

(5) "Farm animal", an animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber;

(6) "Farm animal professional", any individual employed at a location where farm animals are harbored;

(7) "Harbor", to feed or shelter an animal at the same location for three or more consecutive days;

(8) "Humane killing", the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173: 59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed;

(9) "Owner", in addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal;

(10) "Person", any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity;

(11) "Pests", birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.

(L. 1983 S.B. 211 § 1, A.L. 2012 S.B. 631)

Acts and facilities to which section 574.130 and sections 578.005 to578.023 do not apply.

578.007. The provisions of section 574.130, sections 578.005 to 578.023 shall not apply to:

(1) Care or treatment performed by a licensed veterinarian within the provisions of chapter 340;

(2) Bona fide scientific experiments;

(3) Hunting, fishing, or trapping as allowed by chapter 252, including all practices and privileges as allowed under the Missouri Wildlife Code;

(4) Facilities and publicly funded zoological parks currently in compliance with the federal "Animal Welfare Act" as amended;

(5) Rodeo practices currently accepted by the Professional Rodeo Cowboy's Association;

(6) The killing of an animal by the owner thereof, the agent of such owner, or by a veterinarian at the request of the owner thereof;

(7) The lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian, or law enforcement or health official;

(8) With respect to farm animals, normal or accepted practices of animal husbandry;

(9) The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or farm animal but shall not include police or guard dogs while working;

(10) The killing of house or garden pests; or

(11) Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.

(L. 1983 S.B. 211 § 2, A.L. 2016 H.B. 2332)

Animal neglect--penalties.

578.009. 1. A person commits the offense of animal neglect if he or she:

(1) Has custody or ownership of an animal and fails to provide adequate care; or

(2) Knowingly abandons an animal in any place without making provisions for its adequate care.

2. The offense of animal neglect is a class C misdemeanor unless the person has previously been found guilty of an offense under this section, or an offense in another jurisdiction which would constitute an offense under this section, in which case it is a class B misdemeanor.

3. All fines and penalties for a first finding of guilt under this section may be waived by the court if the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived. This section shall not apply to the provisions of section 578.007 or chapter 272.

4. In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect to pay all reasonable costs and expenses necessary for:

(1) The care and maintenance of neglected animals within the person's custody or ownership;

(2) The disposal of any dead or diseased animals within the person's custody or ownership;

(3) The reduction of resulting organic debris affecting the immediate area of the neglect; and

(4) The avoidance or minimization of any public health risks created by the neglect of the animals.

(L. 1983 S.B. 211 § 3, A.L. 1994 S.B. 545, A.L. 1998 S.B. 596, A.L. 2013 S.B. 9, A.L. 2014 S.B. 491)

Effective 1-01-17

Animal trespass, penalty.

578.011. 1. A person is guilty of animal trespass if a person having ownership or custody of an animal knowingly fails to provide adequate control for a period equal to or exceeding twelve hours.

2. Animal trespass is an infraction upon first conviction and for each offense punishable by a fine not to exceed two hundred dollars, and a class C misdemeanor punishable by imprisonment or a fine not to exceed five hundred dollars, or both, upon the second and all subsequent convictions. All fines for a first conviction of animal trespass may be waived by the court provided that the person found guilty of animal trespass shows that adequate, permanent remedies for trespass have been made. Reasonable costs incurred for the care and maintenance of trespassing animals may not be waived. This section shall not apply to the provisions of section 578.007 or sections 272.010 to 272.370.

(L. 2013 S.B. 9)

*Effective 10-11-13, see § 21.250. S.B. 9 was vetoed July 2, 2013. The veto was overridden on September 11, 2013.

Animal abuse--penalties.

578.012. 1. A person commits the offense of animal abuse if he or she:

(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030;

(2) Purposely or intentionally causes injury or suffering to an animal; or

(3) Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.

2. Animal abuse is a class A misdemeanor, unless the defendant has previously been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation consciously inflicted while the animal was alive, in which case it is a class E felony.

(L. 1983 S.B. 211 § 4, A.L. 1994 S.B. 545, A.L. 1996 S.B. 491, A.L. 2001 S.B. 462, A.L. 2013 S.B. 9, A.L. 2014 S.B. 491)

Effective 1-01-17

Recordings of farm animals alleged to be abused or neglected,submission to law enforcement required--violation, penalty.

578.013. 1. Whenever any farm animal professional videotapes or otherwise makes a digital recording of what he or she believes to depict a farm animal subjected to abuse or neglect under sections 578.009 or 578.012, such farm animal professional shall have a duty to submit such videotape or digital recording to a law enforcement agency within twenty-four hours of the recording.

2. No videotape or digital recording submitted under subsection 1 of this section shall be spliced, edited, or manipulated in any way prior to its submission.

3. An intentional violation of any provision of this section is a class A misdemeanor.

(L. 2012 S.B. 631)

Responsibility of parent or guardian of minor owning.

578.014. The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in the control of, or harbored by that minor child.

(L. 1983 S.B. 211 § 5)

Impoundment of animal found off property of owner or custodian,disposition, procedure--liability of owner or custodian forcosts--lien--rights of owner or custodian.

578.016. 1. Any duly authorized public health official, law enforcement official, or animal control officer may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence of neglect or abuse. Any animal impounded pursuant to this section shall be:

(1) If the owner can be ascertained and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by the owner. The owner shall be notified within five business days of impoundment by phone or by mail of the animal's location and recovery procedures. The animal shall be held for ten business days. An animal unclaimed after ten business days may be put up for adoption or humanely killed;

(2) Placed in the care or custody of a veterinarian, the appropriate animal control authority or animal shelter. The animal shall not be disposed of, unless diseased or disabled beyond recovery for any useful purpose, until after expiration of a minimum of five business days, during which time the public shall have clear access to inspect or recover the animal through time periods ordinarily accepted as usual business hours. After five business days, the animal may be put up for adoption or humanely killed; or

(3) If diseased or disabled beyond recovery for any useful purpose as determined by a public health official, law enforcement official, veterinarian or animal control officer, humanely killed.

2. The owner or custodian of an animal impounded pursuant to this section shall be liable for reasonable costs for the care and maintenance of the animal. Any person incurring reasonable costs for the care and maintenance of such animal shall have a lien against such animal until the reasonable costs have been paid and may put up for adoption or humanely kill any animal if such costs are not paid within ten days after demand. Any moneys received for an animal adopted pursuant to this subsection in excess of costs shall be paid to the owner of such animal.

3. The owner or custodian of any animal killed pursuant to this section shall be entitled to recover the actual value of the animal up to but not to exceed six hundred dollars if the owner or custodian shows that such killing was unwarranted.

(L. 1983 S.B. 211 § 6)

Warrant for entry on private property toinspect--impoundment of animals, disposition.

578.018. 1. Any duly authorized public health official or law enforcement official may seek a warrant from the appropriate court to enable him or her to enter private property in order to inspect, care for, or impound neglected or abused animals. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of sections 578.005 to 578.023 has occurred. A person acting under the authority of a warrant shall:

(1) Be given a disposition hearing before the court through which the warrant was issued, within thirty days of the filing of the request for the purpose of granting immediate disposition of the animals impounded;

(2) Place impounded animals in the care or custody of a veterinarian, the appropriate animal control authority, or an animal shelter. If no appropriate veterinarian, animal control authority, or animal shelter is available, the animal shall not be impounded unless it is diseased or disabled beyond recovery for any useful purpose;

(3) Humanely kill any animal impounded if it is determined by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose;

(4) Not be liable for any necessary damage to property while acting under such warrant.

2. The owner or custodian or any person claiming an interest in any animal that has been impounded because of neglect or abuse may prevent disposition of the animal by posting bond or security in an amount sufficient to provide for the animal's care and keeping for at least thirty days, inclusive of the date on which the animal was taken into custody. Notwithstanding the fact that bond may be posted pursuant to this subsection, the authority having custody of the animal may humanely dispose of the animal at the end of the time for which expenses are covered by the bond or security, unless there is a court order prohibiting such disposition. Such order shall provide for a bond or other security in the amount necessary to protect the authority having custody of the animal from any cost of the care, keeping or disposal of the animal. The authority taking custody of an animal shall give notice of the provisions of this section by posting a copy of this section at the place where the animal was taken into custody or by delivering it to a person residing on the property.

3. The owner or custodian of any animal humanely killed pursuant to this section shall not be entitled to recover any damages related to nor the actual value of the animal if the animal was found by a licensed veterinarian to be diseased or disabled, or if the owner or custodian failed to post bond or security for the care, keeping and disposition of the animal after being notified of impoundment.

(L. 1983 S.B. 211 § 7, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491)

Effective 1-01-17

(2005) Section authorizing impoundment of abused or neglected animals is not unconstitutionally vague or a violation of equal protection. State ex rel. Zobel v. Burrell, 167 S.W.3d 688 (Mo.banc).

Neglected or abused animal not to bereturned to owner or custodian, when.

578.021. If a person is found guilty of the offense of animal neglect or animal abuse and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court.

(L. 1983 S.B. 211 § 8, A.L. 2014 S.B. 491)

Effective 1-01-17

Law enforcement dogs, exempt from certain laws, when.

578.022. Any dog that is owned, or the service of which is employed, by a law enforcement agency and that bites another animal or human in the course of their official duties is exempt from the provisions of sections 273.033 and 273.036 and section 578.024.

(L. 2009 H.B. 62)

Keeping a dangerous wild animal--penalty.

578.023. 1. A person commits the offense of keeping a dangerous wild animal if he or she keeps any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long, in any place other than a properly maintained zoological park, circus, scientific, or educational institution, research laboratory, veterinary hospital, or animal refuge, unless he or she has registered such animals with the local law enforcement agency in the county in which the animal is kept.

2. The offense of keeping a dangerous wild animal is a class C misdemeanor.

(L. 1983 S.B. 211 § 9, A.L. 2001 S.B. 462, A.L. 2014 S.B. 491)

Effective 1-01-17

Keeping a dangerous dog--penalties.

578.024. 1. A person commits the offense of keeping a dangerous dog if he or she owns or possesses a dog that has previously bitten a person or a domestic animal without provocation and that dog bites any person on a subsequent occasion.

2. The offense of keeping a dangerous dog is a class B misdemeanor, unless such attack:

(1) Results in serious injury to any person, in which case, it is a class A misdemeanor; or

(2) Results in serious injury to any person and any previous attack also resulted in serious injury to any person, in which case, it is a class E felony; or

(3) Results in the death of any person, in which case, it is a class D felony.

3. In addition to the penalty included in subsection 2 of this section, if any dog that has previously bitten a person or a domestic animal without provocation bites any person on a subsequent occasion or if a dog that has not previously bitten a person attacks and causes serious injury to or the death of any human, the dog shall be seized immediately by an animal control authority or by the county sheriff. The dog shall be impounded and held for ten business days after the owner or possessor is given written notification and thereafter destroyed.

4. The owner or possessor of the dog that has been impounded may file a written appeal to the circuit court to contest the impoundment and destruction of such dog. The owner or possessor shall provide notice of the filing of the appeal to the animal control authority or county sheriff who seized the dog. If the owner or possessor files such an appeal and provides proper notice, the dog shall remain impounded and shall not be destroyed while such appeal is pending and until the court issues an order for the destruction of the dog. The court shall hold a disposition hearing within thirty days of the filing of the appeal to determine whether such dog shall be humanely destroyed. The court may order the owner or possessor of the dog to pay the costs associated with the animal's keeping and care during the pending appeal.

5. Notwithstanding any provision of sections 273.033 and 273.036, section 578.022 and this section to the contrary, if a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner or possessor is not guilty of any crime specified under this section or section 273.036, and is not civilly liable under this section or section 273.036, nor shall such dog be destroyed as provided in subsection 3 of this section, nor shall such person engaged in or attempting to engage in a criminal activity at the time of the attack be entitled to the defenses set forth in section 273.033. For purposes of this section "criminal activity" shall not include the act of trespass upon private property under section 569.150 as long as the trespasser does not otherwise engage in, attempt to engage in, or have intent to engage in other criminal activity nor shall it include any trespass upon private property by a person under the age of twelve under section 569.140.

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

Effective 1-01-17

Dogfighting--penalty.

578.025. 1. A person commits the offense of dogfighting if he or she:

(1) Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;

(2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or

(3) Permits any act as described in subdivision (1) or (2) of this subsection to be done on any premises under his or her charge or control, or aids or abets any such act.

2. The offense of dogfighting is a class E felony.

(L. 1984 H.B. 1210 § 1, A.L. 2014 S.B. 491)

Effective 1-01-17

Spectating dog fighting--penalty.

578.026. 1. A person commits the offense of spectating dogfighting if he or she is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of subsection 1 of section 578.025, with the intent to be present at such exhibition, fighting, or injuring.

2. The offense of spectating dogfighting is a class A misdemeanor.

3. Nothing in this section shall be construed to prohibit:

(1) The use of dogs in the management of livestock by the owner of such livestock, his or her employees or agents, or other persons in lawful custody of such livestock;

(2) The use of dogs in hunting; or

(3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

(L. 2014 S.B. 491)

Effective 1-01-17

Causing a dog to pursue a live animalpropelled by a device--penalty.

578.027. 1. A person commits the offense of causing a dog to pursue a live animal propelled by a device if he or she ties or attaches or fastens any live animal to any machine or device propelled by any power for the purpose of causing such animal to be pursued by a dog or dogs.

2. The offense of causing a dog to pursue a live animal propelled by a device is a class A misdemeanor.

(L. 1984 H.B. 1210 § 3, A.L. 2014 S.B. 491)

Effective 1-01-17

Unlawful removal of an electronic dogcollar or radio transmitting device--penalty--restitution.

578.028. 1. A person commits the offense of unlawful removal of an electronic dog collar or radio transmitting device if he or she removes an electronic or radio transmitting collar from a dog without the permission of the owner of the dog with the intent to prevent or hinder the owner from locating the dog.

2. The offense of unlawful removal of an electronic dog collar or radio transmitting device is a class A misdemeanor. The court shall order any person found guilty under this section to pay as restitution the actual value of any dog lost or killed as a result of such removal. The court may also order restitution to the owner for any lost breeding revenues.

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

Effective 1-01-17

Knowingly releasing an animal--penalty.

578.029. 1. A person commits the offense of knowingly releasing an animal if he or she, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.

2. As used in this section "animal" means every living creature, domesticated or wild, but not including Homo sapiens.

3. The provisions of this section shall not apply to a public servant acting in the course of such servant's official duties.

4. The offense of intentionally releasing an animal is a class B misdemeanor, unless the defendant has previously been found guilty of a violation under this section, in which case it is a class E felony.

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

Effective 1-01-17

State highway patrol and other lawenforcement officers, powers and duties to enforce animalprotection.

578.030. 1. The provisions of section 43.200 notwithstanding, any member of the state highway patrol or other law enforcement officer may apply for and serve a search warrant, and shall have the power of search and seizure in order to enforce the provisions of sections 578.025 to 578.050.

2. Any member of the state highway patrol or other law enforcement officer making an arrest under section 578.025 shall lawfully take possession of all dogs or other animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of section 578.025. Such officer, after taking possession of such dogs, animals, paraphernalia, implements or other property or things, shall file with the court before whom the complaint is made against any person so arrested an affidavit stating therein the name of the person charged in such complaint, a description of the property so taken and the time and place of the taking thereof together with the name of the person from whom the same was taken and the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property so taken was used or employed, or was about to be used or employed, in such violation of section 578.025. He or she shall thereupon deliver the property so taken to the court, which shall, by order in writing, place the same in the custody of an officer or other proper person named and designated in such order, to be kept by him or her until the conviction or final discharge of such person complained against, and shall send a copy of such order without delay to the prosecuting attorney of the county. The officer or person so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which such person so complained against may be required to appear for trial. Upon the conviction of the person so charged, all property so seized shall be adjudged by the court to be forfeited and shall thereupon be destroyed or otherwise disposed of as the court may order. In the event of the acquittal or final discharge without conviction of the person so charged, such court shall, on demand, direct the delivery of such property so held in custody to the owner thereof.

(L. 1984 H.B. 1210 §§ 2, 4, A.L. 2014 S.B. 491)

Effective 1-01-17

Bullbaiting and cockfighting--penalty.

578.050. 1. A person commits the offense of bullbaiting or cockfighting if he or she:

(1) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other creature, except dogs;

(2) Encourages, aids, assists, or is present at any place kept or used for such purpose; or

(3) Permits or suffers any place belonging to him or her, or under his or her control, to be so kept or used.

2. The offense of bullbaiting or cockfighting is a class A misdemeanor.

(RSMo 1939 § 4789, A.L. 1984 H.B. 1210, A.L. 2014 S.B. 491)

Prior revisions: 1929 § 4397; 1919 § 3653; 1909 § 4857

Effective 1-01-17

Desecration of flags--penalty.

578.095. 1. A person commits the offense of desecrating a flag if he or she purposefully and publicly mutilates, defaces, defiles, tramples upon or otherwise desecrates the national flag of the United States or the state flag of the state of Missouri.

2. The offense of desecrating a flag is a class A misdemeanor.

(L. 1980 H.B. 965 § 1, A.L. 2014 S.B. 491)

Effective 1-01-17

(2014) Section is overbroad and is facially unconstitutional under the First Amendment. Snider v. City of Cape Girardeau, 752 F.3d 1149 (8th Cir.)

Selling goods on Sunday, penalty--certain counties may be exemptedfrom prohibition--procedure--duty of revisor of statutes.

578.100. 1. Whoever engages on Sunday in the business of selling or sells or offers for sale on such day, at retail, motor vehicles; clothing and wearing apparel; clothing accessories; furniture; housewares; home, business or office furnishings; household, business or office appliances; hardware; tools; paints; building and lumber supply materials; jewelry; silverware; watches; clocks; luggage; musical instruments and recordings or toys; excluding novelties and souvenirs; is guilty of a misdemeanor and shall upon conviction for the first offense be sentenced to pay a fine of not exceeding one hundred dollars, and for the second or any subsequent offense be sentenced to pay a fine of not exceeding two hundred dollars or undergo confinement not exceeding thirty days in the county jail in default thereof.

2. Each separate sale or offer to sell shall constitute a separate offense.

3. Information charging violations of this section shall be brought within five days after the commission of the alleged offense and not thereafter.

4. The operation of any place of business where any goods, wares or merchandise are sold or exposed for sale in violation of this section is hereby declared to be a public and common nuisance.

5. Any county of this state containing all or part of a city with a population of over four hundred thousand may exempt itself from the application of this section by submission of the proposition to the voters of the county at a general election or a special election called for that purpose, and the proposition receiving a majority of the votes cast therein. The proposal to exempt the county from the provisions of this section shall be submitted to the voters of the county upon a majority vote of the governing body of the county or when a petition requesting the submission of the proposal to the voters and signed by a number of qualified voters residing in the county equal to eight percent of the votes cast in the county in the next preceding gubernatorial election is filed with the governing body of the county. The ballot of submission shall contain, but not be limited to, the following language:

[ ] FOR the exemption of ............... County from the Sunday sales law

[ ] AGAINST the exemption of ............ County from the Sunday sales law

If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are in favor of the proposal, then the provisions of this section shall no longer apply within that county. If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are opposed to the proposal, then the provisions of this section shall continue to apply and be enforced within that county. The exemption of any county from the provisions of this section shall not become effective in that county until the results of the vote exempting the county have been filed with the secretary of state and with the revisor of statutes and have been certified as received by those officers. The revisor of statutes shall note which counties are exempt from the provisions of this section in the Missouri revised statutes.

6. In addition to any other method of exemption provided by law, the governing body of any county of this state may exempt itself from the application of this section by order or ordinance of the governing body of the county after public hearing upon the matter. Such public hearing shall be preceded by public notice which shall, at a minimum, be published at least three different times in the newspaper with the greatest circulation in the county. Upon such order or ordinance becoming effective, such county shall be exempt from the provisions of this section and no election or other method of exemption shall be required. The exemption of any county from the provisions of this section by order or ordinance shall not become effective in that county until the order or ordinance has been filed with the secretary of state and the revisor of statutes and has been certified as received by those officers. The revisor of statutes shall note which counties are exempt from the provisions of this section in the Missouri revised statutes.

(L. 1963 p. 685 § 1, A.L. 1977 H.B. 21, A.L. 1993 S.B. 157 & 29 merged with S.B. 180)

Revisor's note: At 8:45 a.m., November 10, 1977, results of elections held in Jackson, Clay and Platte counties were filed with the Revisor's office showing that the electors of each of the counties of Jackson, Clay and Platte have voted to exempt each of these counties from the provisions of this section.

Additional counties may be exempted from provisions of section578.100, procedure.

578.105. If any county of the first class having a charter form of government containing the major portion of a city of over four hundred fifty thousand inhabitants exempts itself from the application of section 578.100 by a vote of the voters of the county pursuant to provisions of law permitting such vote, then a county in the following classification may also exempt itself from the application of section 578.100: Any county of the second class as of 1977 that is adjacent to any county containing a portion of a city with a population of more than four hundred thousand inhabitants in the 1970 census. The county may exempt itself from the provisions of section 578.100 by submission of the proposition to the voters of the county at a general election or a primary election, and the proposition receiving a majority of the votes cast therein. The proposal to exempt the county from the provisions of section 578.100 shall be submitted to the voters of the county upon a majority vote of the governing body of the county or when a petition requesting the submission of the proposal to the voters and signed by a number of qualified voters residing in the county equal to eight percent of the votes cast in the county in the next preceding gubernatorial election is filed with the governing body of the county. The ballot of submission shall contain, but not be limited to, the following language:

To exempt ....... County from the Sunday sales law.

[ ] YES [ ] NO

If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are in favor of the proposal, then the provisions of section 578.100 shall no longer apply within that county. If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are opposed to the proposal, then the provisions of section 578.100 shall continue to apply and be enforced within that county. The exemption of any county from the provisions of section 578.100 shall not become effective in that county until the results of the vote exempting the county have been filed with the secretary of state and with the revisor of statutes and have been certified as received by those officers. The revisor of statutes shall note which counties are exempt from the provisions of section 578.100 in the Missouri revised statutes.

(L. 1978 H.B. 1043 § 1)

Revisor's note: On November 9, 1978, the results of the election held in Buchanan County on November 7, 1978, were filed with the Revisor's office showing that the electors of Buchanan County had voted to exempt that county from the provisions of this section.

On April 6, 1979, the results of the election held in Cass County on November 7, 1978, were filed with the Revisor's office showing that the electors of Cass County had voted to exempt that county from the provisions of this section.

City of St. Louis, certain areas, may be exempt from Sunday sales law,procedure--exception--limitation.

578.106. 1. The governing body of any city not within a county may, by ordinance, exempt areas of the city located within two thousand five hundred yards of a convention center owned by the city or within two thousand five hundred yards of a municipal auditorium owned by the city, or either of such areas, or parts of either or both of such areas, from the application of section 578.100. The ordinance of exemption shall specifically define the area or areas to be exempted and upon passage of such ordinance and filing with the secretary of state and the revisor of statutes, the provisions of section 578.100 shall no longer apply within the designated area or areas of the city but shall continue to apply and be enforced in all parts of the city not included within the designated area or areas. However, the sale of automobiles shall not be permitted within the exempted area or areas. The governing body of any city adopting an ordinance pursuant to this section shall file a copy of such ordinance with the secretary of state and with the revisor of statutes and such officer shall certify the receipt of the ordinance. The revisor of statutes shall note in the Missouri revised statutes that an area or areas of the named city are exempt from the provisions of section 578.100.

2. Following the effective date of any exemption adopted pursuant to subsection 1 of this section, no person who leases any structure, or portion thereof, within the area to which such exemption applies to any person engaged in selling merchandise at retail, may include in the lease, contract, or other document governing such lease any provision which would, directly or indirectly, require the lessee to open his business to the general public on Sundays.

3. Following the effective date of any exemption adopted pursuant to subsection 1 of this section, no lease, contract, or other document governing the lease of any structure, or portion thereof, to any person engaged in selling merchandise at retail, which was in effect prior to the date of such exemption shall be interpreted to require the lessee to open his business to the general public on Sundays if the lessee was not required to open his business to the general public at the time he signed such lease, contract, or other document.

4. If any portion of this section is found by a court of competent jurisdiction to be unconstitutional, all remaining portions of this section shall remain valid unless the court finds that the valid provisions of this section are so essentially and inseparably connected with the invalid provision that they cannot stand alone.

(L. 1983 S.B. 391)

Revisor's notes: On October 6, 1983, the ordinance passed by the Board of Aldermen of the City of St. Louis on October 5, 1983, was filed with the Revisor's office. The ordinance defined the area of that city to be exempted from the provisions of section 578.100.

Counties may be exempted from provisions of section 578.100, procedure.

578.110. 1. As used in this section, the term "area" includes all cities not with in a county, all first class counties having a charter form of government and adjoining such cities not within a county and all first class counties which adjoin such first class counties having a charter form of government and adjoining cities not within a county; and the term "county" means any county of this state not within an area.

2. In addition to the counties which may exempt themselves from the application of section 578.100, under the provisions of section 578.100 or section 578.105, any other county or area may also exempt itself from the application of section 578.100 by a vote of the qualified voters of the county or area; provided that, before any area may so exempt itself from the provisions of section 578.100, the qualified voters of each city not within a county and each county within such area shall vote on the proposal for exemption from the provisions of section 578.100 at the same election and a majority of the total votes cast in such area shall be in favor of the proposal before either such city or any of such counties may be exempted from the provisions of section 578.100.

3. In order to exempt itself from the provisions of section 578.100, the county or area shall submit the proposition to the voters of the county or area at any election, and the proposition shall receive a majority of the votes cast. The proposition to exempt the county from the provisions of section 578.100 shall be submitted to the voters of the county upon a majority vote of the governing body of the county or when a petition requesting the submission of the proposition to the voters and signed by a number of registered voters residing in the county equal to eight percent of the votes cast in the county in the next preceding gubernatorial election is filed with the governing body of the county. When a petition signed by a number of registered voters residing in the area equal to eight percent of the votes cast in the area in the next preceding gubernatorial election requesting the submission of a proposition to exempt the area from the provisions of section 578.100 is filed with each of the governing bodies of the area, the proposition shall be submitted to the voters of the area. The ballot of submission shall contain, but need not be limited to, the following language:

To exempt . . . . . . . . . County (or the area consisting

of . . . . . . . . . . . . city and . . . . . . . . . . .

counties) from the Sunday sales law.

[ ] YES [ ] NO

If a majority of the votes cast on the proposal by the registered voters voting thereon in the county or area are in favor of the proposal, then the provisions of section 578.100 shall no longer apply within that county or area. If a majority of the votes cast on the proposal by the registered voters voting thereon in the county or area are opposed to the proposal, then the provisions of section 578.100 shall continue to apply and be enforced within that county or area. The exemption of the county or area from the provisions of section 578.100 shall not become effective in that county or area until the results of the vote exempting the county or area have been filed with the secretary of state and with the revisor of statutes and have been certified as received by those officers. The revisor of statutes shall note which counties or areas are exempt from the provisions of section 578.100 in the Missouri revised statutes.

(L. 1979 H.B. 56 § 1)

Revisor's note: Electors in the following counties have voted to exempt those counties from the provisions of section 578.100 (Sunday Sales Law) and have filed the results on the date indicated:

County Filing Date

Boone November 8, 1979 Ralls November 8, 1979 Lafayette November 9, 1979 Marion November 9, 1979 Saline November 13, 1979

Jasper April 4, 1980 Miller April 8, 1980 Newton April 14, 1980 Lawrence August 11, 1980

Ray August 6, 1981

Greene April 6, 1983 Knox August 9, 1983

St Charles August 9, 1984 Carroll August 14, 1984 Henry August 14, 1984 Adair November 8, 1984 Audrain November 8, 1984 Cape Girardeau November 8, 1984 Cole November 8, 1984 St. Louis November 9, 1984 Pettis November 13, 1984

City of St. Louis March 19, 1985 Jefferson April 4, 1985 Howell April 5, 1985 Pemiscot April 5, 1985 Randolph April 5, 1985 Scott April 5, 1985 Andrew April 9, 1985 New Madrid April 9, 1985 Nodaway April 9, 1985 Johnson April 10, 1985 Chariton April 11, 1985 McDonald June 10, 1985 Macon June 13, 1985

Callaway April 3, 1986 Monroe April 8, 1986 Cooper April 9, 1986 Bates November 10, 1986

Linn April 9, 1987 Dunklin April 13, 1987

Clinton April 7, 1988 DeKalb April 8, 1988 Franklin April 11, 1988 Ste. Genevieve April 14, 1988 Christian April 15, 1988 Butler August 4, 1988 Vernon August 9, 1988 Lincoln November 15, 1988 Madison November 15, 1988

Phelps April 7, 1989 Pike November 14, 1989

St. Francois August 8, 1990 Livingston November 9, 1990

Barton April 8, 1991 Grundy April 8, 1991 Laclede April 8, 1991 Pulaski April 8, 1991 Shelby May 6, 1991 Crawford August 6, 1991 Harrison November 13, 1991 Barry December 2, 1991 Montgomery December 2, 1991

Dent April 14, 1992 Moniteau August 11, 1992 Wright November 16, 1992

Perry April 14, 1993 Webster August 6, 1993 Warren August 9, 1993 Cedar September 13, 1993 Dallas September 22, 1993 Scotland November 10, 1993

Worth March 30, 1994 Gasconade April 11, 1994

Wayne April 12, 1995 Stoddard April 21, 1995

No penalty, when.

578.115. No person may be denied employment or advancement in employment because of his or her refusal to work on his or her normal day of worship.

(L. 1979 H.B. 56 § 2)

Sale of motor vehicles on Sunday prohibited, exceptions--encouragementby certain associations to remain closed on Sundays not aviolation of antitrust laws--violations, penalty.

578.120. 1. Notwithstanding any provision in this chapter to the contrary, no dealer, distributor or manufacturer licensed under section 301.559 may keep open, operate, or assist in keeping open or operating any established place of business for the purpose of buying, selling, bartering or exchanging, or offering for sale, barter or exchange, any motor vehicle, whether new or used, on Sunday. However, this section does not apply to the sale of manufactured housing; the sale of recreational motor vehicles; the sale of motorcycles as that term is defined in section 301.010; the sale of motortricycles, motorized bicycles, all-terrain vehicles, recreational off-highway vehicles, utility vehicles, personal watercraft, or other motorized vehicles customarily sold by powersports dealers licensed pursuant to sections 301.550 to 301.560; washing, towing, wrecking or repairing operations; the sale of petroleum products, tires, and repair parts and accessories; or new vehicle shows or displays participated in by five or more franchised dealers or in towns or cities with five or fewer dealers, a majority.

2. No association consisting of motor vehicle dealers, distributors or manufacturers licensed under section 301.559 shall be in violation of antitrust or restraint of trade statutes under chapter 416 or regulation promulgated thereunder solely because it encourages its members not to open or operate on Sunday a place of business for the purpose of buying, selling, bartering or exchanging any motor vehicle.

3. Any person who violates the provisions of this section shall be guilty of a class C misdemeanor.

(L. 1985 H.B. 154 §§ 1, 2, A.L. 1986 H.B. 1153, A.L. 1988 H.B. 1512, A.L. 2014 H.B. 1735 & 1618)

Interference with lawful hunting, fishingor trapping in the first degree--penalty.

578.151. 1. It is the intent of the general assembly of the state of Missouri to recognize that all persons shall have the right to hunt, fish and trap in this state in accordance with law and the rules and regulations made by the commission as established in Article IV of the Constitution of Missouri.

2. A person commits the offense of interference with hunting, fishing, or trapping in the first degree if he or she intentionally interferes with the lawful taking of wildlife by another.

3. It shall be considered a violation of this section to intentionally harass, drive, or disturb any game animal or fish for the purpose of disrupting lawful hunting, fishing or trapping.

4. The offense of interference with lawful hunting, fishing or trapping in the first degree is a class A misdemeanor.

(L. 1988 S.B. 434 & 435 § 1, A.L. 1997 H.B. 304, A.L. 2014 S.B. 491)

Effective 1-01-17

Interference with lawful hunting, fishingor trapping in the second degree--penalty.

578.152. 1. A person commits the offense of interference with hunting, fishing, or trapping in the second degree if he or she enters or remains in a hunting, fishing or trapping area where lawful hunting, fishing or trapping may occur with the intent to interfere with the lawful taking of wildlife.

2. The offense of interference with lawful hunting, fishing, or trapping in the second degree is a class B misdemeanor.

(L. 1988 S.B. 434 & 435 § 2, A.L. 1997 H.B. 304, A.L. 2014 S.B. 491)

Effective 1-01-17

Peace officer's and conservation agent'spowers to enforce--failure to obey peace officer or conservationagent, penalty.

578.153. 1. A peace officer as defined by chapter 590 who reasonably believes that a person has violated section 578.151 or 578.152 may order the person to desist. The offense of failure to obey the order of a peace officer to desist from conduct in violation of sections 578.151 and 578.152 is a class A misdemeanor.

2. Any law enforcement officer shall and any agent of the conservation commission may enforce the provisions of sections 578.151, 578.152 and this section and arrest violators of such sections.

3. The conduct declared unlawful by sections 578.151 and 578.152 shall not include any lawful activity by the landowner or persons in lawful possession of the land.

(L. 1988 S.B. 434 & 435 § 3, A.L. 1997 H.B. 304, A.L. 2014 S.B. 491)

Effective 1-01-17

Definitions.

578.170. Definitions. As used in sections 578.170 to 578.188, the following terms mean:

(1) "Animal," every living vertebrate except a human being;

(2) "Baiting," to attack, provoke, or harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with other animals for the purpose of amusement, entertainment, wagering or gain;

(3) "Bear wrestling," a contest of fighting or physical altercation between one or more persons and a bear for the purpose of amusement, entertainment, wagering or gain;

(4) "Person," any individual, partnership, firm, joint stock company, corporation, association, other business unit, society, trust, estate or other legal entity, or any public or private institution.

(Adopted by Initiative, Proposition A, § A, November 3, 1998)

(2000) Proposition A did not violate constitutional requirements of single subject and clear title. United Gamefowl Breeders Ass'n. of Missouri v. Nixon, 19 S.W.3d 137 (Mo.banc).

Baiting or fighting animals--penalty.

578.173. 1. A person commits the offense of baiting or fighting animals if he or she:

(1) Baits or fights animals;

(2) Permits baiting or animal fighting to be done on any premises under his or her charge or control;

(3) Promotes, conducts, or stages a baiting or fight between two or more animals;

(4) Advertises a baiting or fight between two or more animals;

(5) Collects any admission fee for a baiting or fight between two or more animals;

(6) Knowingly attends the baiting or fighting of animals;

(7) Knowingly sells, offers for sale, ships, or transports any animal which has been bred or trained to bait or fight another animal;

(8) Owns or possesses any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock; or

(9) Manufactures, sells, barters, or exchanges any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock.

2. The offense of baiting or fighting animals is a class E felony.

(Adopted by Initiative, Proposition A, § B, November 3, 1998, A.L. 2014 S.B. 491)

Effective 1-01-17

(2000) Proposition A did not violate constitutional requirements of single subject and clear title. United Gamefowl Breeders Ass'n. of Missouri v. Nixon, 19 S.W.3d 137 (Mo.banc).

Bear wrestling--penalty.

578.176. 1. A person commits the offense of bear wrestling if he or she:

(1) Wrestles a bear;

(2) Permits bear wrestling to be done on any premises under his or her charge or control;

(3) Promotes, conducts, or stages bear wrestling;

(4) Advertises bear wrestling;

(5) Collects any admission fee for bear wrestling;

(6) Purchases, sells, or possesses a bear which he or she knows will be used for bear wrestling;

(7) Trains a bear for bear wrestling;

(8) Subjects a bear to surgical alteration for bear wrestling.

2. The offense of bear wrestling is a class A misdemeanor.

(Adopted by Initiative, Proposition A, § C, November 3, 1998, A.L. 2014 S.B. 491)

Effective 1-01-17

(2000) Proposition A did not violate constitutional requirements of single subject and clear title. United Gamefowl Breeders Ass'n. of Missouri v. Nixon, 19 S.W.3d 137 (Mo.banc).

Seizure and disposition of animals.

578.179. Procedure. -- Whenever an indictment is returned or a complaint is filed alleging a violation of section 578.173 or 578.176 and, in the case of a complaint, a magistrate finds probable cause that a violation has occurred, the court shall order the animals seized and shall provide for appropriate and humane care or disposition of the animals pursuant to section 578.018. This provision shall not be construed as a limitation on the power to seize animals as evidence at the time of arrest.

(Adopted by Initiative, Proposition A, § D, November 3, 1998)

Exemptions.

578.182. Exemptions. -- 1. The provisions of sections 578.173 and 578.176 shall not apply to:

(1) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture production or a motion picture production for television, provided sections 578.009 and 578.012 are not violated;

(2) Any person selling, offering for sale, shipping, transporting or using any animal, for the sole purpose of tracking, pursuing or taking wildlife, or to participate in any hunting, fishing or any other activity regulated by the Missouri wildlife code;

(3) Any person using animals to herd, work or identify livestock for agricultural purposes according to recognized animal husbandry.

2. Nothing in the provisions of sections 578.170, 578.173, and 578.176 shall be construed to:

(1) Prohibit breeding, rearing or slaughtering poultry pursuant to the provisions of chapters 196, 262, 265, 276 and 277;

(2) Prohibit breeding or rearing game fowl when the game fowl are not intended for use in violation of the provisions of sections 578.170, 578.173 or 578.176;

(3) Prohibit professional or amateur rodeo practices, and skill events when the practices and skill events are not intended for use in violation of the provisions of sections 578.170, 578.173 and 578.176.

(Adopted by Initiative, Proposition A, § E, November 3, 1998, A.L. 1999 H.B. 79)

Effective 6-29-99

Injunction.

578.185. Injunction. -- A court of competent jurisdiction may enjoin a person from a continuing violation of section 578.173 or 578.176.

(Adopted by Initiative, Proposition A, § F, November 3, 1998)

Severability.

578.188. Severability. -- The provisions of sections 578.170, 578.173, 578.176, 578.179, 578.182, and 578.185 are hereby declared to be severable. If any of these provisions, or the application of any of these provisions to any person or circumstance, is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of these sections.

(Adopted by Initiative, Proposition A, § G, November 3, 1998)

Medical deception--penalty--immunity, when.

578.350. 1. A person licensed under chapter 334 or 335 who treats a person for a wound inflicted by gunshot commits the infraction of medical deception if he or she knowingly fails to immediately report to a local law enforcement official the name and address of the person, if known, and if unknown, a description of the person, together with an explanation of the nature of the wound and the circumstances under which the treatment was rendered.

2. A person licensed under chapter 334 or 335 who, in good faith, makes a report under this section shall have immunity from civil liability that otherwise might result from such report and shall have the same immunity with respect to any good faith participation in any judicial proceeding in which the reported gunshot wound is an issue. Notwithstanding the provisions of subdivision (5) of section 491.060, the existence of a physician-patient relationship shall not prevent a physician from submitting the report required in this section, or testifying regarding information acquired from a patient treated for a gunshot wound if such testimony is otherwise admissible.

(L. 1985 S.B. 54 § 1, A.L. 2014 S.B. 491)

Effective 1-01-17

Hazing--consent not a defense--penalties.

578.365. 1. A person commits the offense of hazing if he or she knowingly participates in or causes a willful act, occurring on or off the campus of a public or private college or university, directed against a student or a prospective member of an organization operating under the sanction of a public or private college or university, that recklessly endangers the mental or physical health or safety of a student or prospective member for the purpose of initiation or admission into or continued membership in any such organization to the extent that such person is knowingly placed at probable risk of the loss of life or probable bodily or psychological harm. Acts of hazing include:

(1) Any activity which recklessly endangers the physical health or safety of the student or prospective member, including but not limited to physical brutality, whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug or other substance, or forced smoking or chewing of tobacco products;

(2) Any activity which recklessly endangers the mental health of the student or prospective member, including but not limited to sleep deprivation, physical confinement, or other extreme stress-inducing activity; or

(3) Any activity that requires the student or prospective member to perform a duty or task which involves a violation of the criminal laws of this state or any political subdivision in this state.

2. Public or private colleges or universities in this state shall adopt a written policy prohibiting hazing by any organization operating under the sanction of the institution.

3. Nothing in this section shall be interpreted as creating a new private cause of action against any educational institution.

4. Consent is not a defense to hazing. Section 565.010 does not apply to hazing cases or to homicide cases arising out of hazing activity.

5. The offense of hazing is a class A misdemeanor, unless the act creates a substantial risk to the life of the student or prospective member, in which case it is a class D felony.

(L. 1987 H.B. 126 § 3, A.L. 1995 H.B. 160, A.L. 2014 S.B. 491)

Effective 1-01-17

Sports bribery, first degree, penalty.

578.398. 1. A person commits the offense of sports bribery in the first degree if he or she gives, promises or offers any benefit to any participant or prospective participant in any sport or game with the purpose to influence him or her to lose or try to lose or cause to be lost or to limit the margin of victory in any sport or game in which the participant is taking part, or expects to take part, or has any duty or connection therewith.

2. The offense of sports bribery in the first degree is a class D felony.

(L. 2014 S.B. 491)

Effective 1-01-17

Sports bribery, second degree, penalty.

578.399. 1. A person commits the offense of sports bribery in the second degree if he or she, being a participant or prospective participant in any sport or game, accepts, attempts to obtain, or solicits any benefit in exchange for losing or trying to lose or causing to be lost or limiting the margin of victory in any sport or game in which the participant is taking part, or expects to take part, or has any duty or connection therewith.

2. The offense of sports bribery in the second degree is a class A misdemeanor.

(L. 2014 S.B. 491)

Effective 1-01-17

Prohibited acts against animal research andproduction facilities--definitions--penalties.

578.405. 1. This section shall be known and may be cited as "The Animal Research and Production Facilities Protection Act".

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

(1) "Animal", every living creature, domestic or wild, but not including Homo sapiens;

(2) "Animal facility", any facility engaging in legal scientific research or agricultural production or involving the use of animals, including any organization with a primary purpose of representing livestock production or processing, any organization with a primary purpose of promoting or marketing livestock or livestock products, any person licensed to practice veterinary medicine, any organization involved in the production of pet food or pet food research, and any organization with a primary purpose of representing any such person, organization, or institution. The term shall include the owner, operator, and employees of any animal facility and the offices and vehicles of any such persons while engaged in duties related to the animal facility, and any premises where animals are located.

*3. A person commits the offense of prohibited acts against animal research and production facilities if he or she:

(1) Releases, steals, or otherwise intentionally causes the death, injury, or loss of any animal at or from an animal facility and not authorized by that facility;

(2) Damages, vandalizes, or steals any property in or on an animal facility;

(3) Obtains access to an animal facility by false pretenses for the purpose of performing acts not authorized by the facility;

(4) Enters or otherwise interferes with an animal facility with the intent to destroy, alter, duplicate or obtain unauthorized possession of records, data, material, equipment, or animals;

(5) Knowingly obtains, by theft or deception, control over records, data, material, equipment, or animals of any animal facility for the purpose of depriving the rightful owner or animal facility of the records, material, data, equipment, or animals, or for the purpose of concealing, abandoning, or destroying such records, material, data, equipment, or animals; or

(6) Enters or remains on an animal facility with the intent to commit an act prohibited by this section.

4. The offense of prohibited acts against animal research and production facilities is a class A misdemeanor unless:

(1) The loss or damage to the animal facility is seven hundred fifty dollars or more, in which case it is a class E felony;

(2) The loss or damage to the animal facility is one thousand dollars or more, in which case it is a class D felony;

(3) The loss or damage to the animal facility is twenty-five thousand dollars or more, in which case it is a class C felony; or

(4) The loss or damage to the animal facility is seventy-five thousand dollars or more, in which case it is a class B felony.

5. Any person who intentionally agrees with another person to violate this section and commits an act in furtherance of such violation shall be guilty of the same class of violation as provided in subsection 4 of this section.

6. In the determination of the value of the loss, theft, or damage to an animal facility, the court shall conduct a hearing to determine the reasonable cost of replacement of materials, data, equipment, animals, and records that were damaged, destroyed, lost, or cannot be returned, as well as the reasonable cost of lost production funds and repeating experimentation that may have been disrupted or invalidated as a result of the violation of this section.

7. Any person found guilty of a violation of this section shall be ordered by the court to make restitution, jointly and severally, to the owner, operator, or both, of the animal facility, in the full amount of the reasonable cost as determined under subsection 6 of this section.

8. Any person who has been damaged by a violation of this section may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage.

9. Nothing in this section shall preclude any animal facility injured in its business or property by a violation of this section from seeking appropriate relief under any other provision of law or remedy including the issuance of an injunction against any person who violates this section. The owner or operator of the animal facility may petition the court to permanently enjoin such persons from violating this section and the court shall provide such relief.

10. The director of the department of agriculture may promulgate rules and regulations necessary for the enforcement of this section. The director shall have the authority to investigate any alleged violation of this section, along with any other law enforcement agency, and may take any action within the director's authority necessary for the enforcement of this section. The attorney general, the highway patrol, and other law enforcement officials shall provide assistance required in the conduct of an investigation. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after January 1, 2017, shall be invalid and void.

(L. 1992 S.B. 498 §§ 1, 2, A.L. 2014 S.B. 491)

*Transferred 2014; formerly 578.407, now 578.405 subsec. 3; Effective 1-01-17

Definitions.

578.421. As used in sections 578.421 to 578.437, the following terms mean:

(1) "Criminal street gang", any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (2) of this section, which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity;

(2) "Pattern of criminal street gang activity", the commission, attempted commission, or solicitation of two or more of the following offenses, provided at least one of those offenses occurred after August 28, 1993, and the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions, or by two or more persons:

(a) Assault with a deadly weapon or by means of force likely to cause serious physical injury, as provided in sections 565.050 and 565.052;

(b) Robbery, arson and those offenses under chapter 569 which are related to robbery and arson;

(c) Murder or manslaughter, as provided in sections 565.020 to 565.024;

(d) Any violation of the provisions of chapter 579 which involves the distribution, delivery or manufacture of a substance prohibited by chapter 579;

(e) Unlawful use of a weapon which is a felony pursuant to section 571.030; or

(f) Tampering with witnesses and victims, as provided in section 575.270.

(L. 1993 H.B. 562 § 1, A.L. 2014 S.B. 491)

Effective 1-01-17

Participating knowingly in criminal street gang activities,penalty--persons between ages of fourteen and seventeenparticipating to be transferred to courts of generaljurisdiction.

578.423. Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal street gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by gang members shall be punished by imprisonment in the county jail for a period not to exceed one year, or by imprisonment in a state correctional facility for one, two, or three years. For any person between the ages of fourteen and seventeen who is alleged to have violated the provisions of sections 578.421 to 578.437 the prosecuting attorney or circuit attorney may move for dismissal of a petition and transfer to a court of general jurisdiction.

(L. 1993 H.B. 562 § 2 subsec. 1)

Felony or misdemeanors committed to promoteor assist criminal conduct by gang members, punishment inaddition to regular sentences.

578.425. Any person who is convicted of a felony or a misdemeanor which is committed for the benefit of, at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall be punished in the following manner:

(1) Any person who violates this section in the commission of a misdemeanor shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in a state correctional facility for one, two, or three years;

(2) Any person who violates this section in the commission of a felony shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of one, two, or three years at the court's discretion. If the underlying felony is committed on the grounds of, or within one thousand feet of a public or private elementary, vocational, junior high or high school, the additional term shall be two, three, or four years, at the court's discretion. The court shall order the imposition of the middle term of the sentence enhancement, unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its choice of sentence enhancements on the record at the time of sentencing;

(3) Any person who violates this section in the commission of a felony punishable by death or imprisonment for life shall not be paroled until a minimum of fifteen calendar years have been served in the custody of the department of corrections.

(L. 1993 H.B. 562 § 2 subsec. 2, A.L. 2014 S.B. 491)

Effective 1-01-17

Labor union activities and other employee activities, exempt--localgovernments may adopt laws consistent with and alternative to.

578.427. 1. Sections 578.421 to 578.437 shall not apply to employees engaged in concerted activities for their mutual aid and protection, or the activities of labor organizations or their members or agents.

2. Nothing in sections 578.421 to 578.437 shall prevent a local governing body from adopting and enforcing laws consistent with sections 578.421 to 578.437 relating to gangs and gang violence. Where those local laws duplicate or supplement the provisions of sections 578.421 to 578.437, sections 578.421 to 578.437 shall be construed as providing alternative remedies and not as preempting the field.

(L. 1993 H.B. 562 § 3)

Buildings, rooms and structures used forcriminal street gangs' activities deemed public nuisances--ownerknowing of gang use, court may order no occupancy up to oneyear--penalty.

578.430. 1. Any room, building, structure or inhabitable structure as defined in section 556.061 which is used by a criminal street gang in a pattern of criminal street gang activity shall be deemed a public nuisance. No person shall keep or maintain such a public nuisance.

2. The attorney general, circuit attorney or prosecuting attorney may, in addition to any criminal prosecutions, prosecute a suit in equity to enjoin the public nuisance. If the court finds that the owner of the room, building, structure or inhabitable structure knew that the premises were being used for criminal street gangs in a pattern of criminal street gang activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.

3. All persons, including owners, lessees, officers, agents, offenders or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance.

4. It is unlawful for a person to keep or maintain such a public nuisance. In addition to any other criminal prosecutions, the prosecuting attorney or circuit attorney may by information or indictment charge the owner or the occupant, or both the owner and the occupant, of the room, building, structure, or inhabitable structure with the crime of keeping or maintaining a public nuisance. Keeping or maintaining a public nuisance is a class D felony.

(L. 1993 H.B. 562 § 4 subsecs. 1, 2, 3, A.L. 2014 S.B. 491)

Effective 1-01-17

Weapon defined--weapons owned or in possession of gang members may beconfiscated--weapon deemed a nuisance and destroyed by court order,when.

578.435. 1. As used in this section and section 578.437, the term "weapon" means any firearm, concealable firearm, blackjack, explosive weapon, gas gun, knife, knuckles, machine gun, projectile weapon, rifle, short barrel, shotgun, or switchblade knife, as defined in section 571.010.

2. Any weapon which is owned or possessed by a member of a criminal street gang for the purposes of the commission of an offense enumerated in subdivision (2) of section 578.421 may be confiscated by any law enforcement agency or peace officer as defined in section 590.100. If the law enforcement agency or peace officer believes that the return of the weapon confiscated has been or will be used in criminal street gang activity or that the return of the weapon would be likely to result in endangering the safety of others, the law enforcement agency or peace officer may initiate a petition in circuit court to determine if the weapon should be returned or declared a nuisance. If the court declares such weapon to be a nuisance, the weapon shall be destroyed.

(L. 1993 H.B. 562 § 5 subsecs. 1, 2)

Weapon not to be declared a nuisance unlessnotice given to lawful owner, procedure--burden of proof on statethat return of weapon would endanger lives.

578.437. No weapon shall be declared a nuisance pursuant to section 578.435 and this section unless reasonable notice has been given to the lawful owner thereof, if his or her identity and address can be reasonably ascertained. The law enforcement agency shall inform the lawful owner at that person's last known address by registered mail that the owner of the weapon has thirty days from the date of receipt of the notice to respond to the clerk of the court to confirm his or her desire for a hearing, and that the failure to respond shall result in a default order and thereupon such weapon shall be declared a nuisance. If the person requests a hearing the court shall set a hearing no later than sixty days from the receipt of such request, and shall notify the person, the law enforcement agency involved, and the prosecuting attorney of the date, time, and place of the hearing. At such hearing the burden of proof shall be upon the state to show by a preponderance of the evidence that the seized item has been or will be used in criminal street gang activity, or that the return of the weapon would likely result in the endangering of the lives of others.

(L. 1993 H.B. 562 § 5 subsec. 3, A.L. 2014 S.B. 491)

Effective 1-01-17

International marriage brokers, notice torecruits--criminal history record and marital history record tobe disseminated--client requirements--violations, penalty.

578.475. 1. An international marriage broker shall provide notice to each recruit that the criminal history record information and marital history information of clients and basic rights information are available from the organization. The notice of the availability of such information must be in a conspicuous location, in the recruit's native language, in lettering that is at least one-quarter of an inch in height, and presented in a manner that separates the different types of information available.

2. An international marriage broker shall disseminate to a recruit the criminal history record information and marital history information of a client and basic rights information no later than thirty days after the date the international marriage broker receives the criminal history record information and the marital history information on the client. Such information must be provided in the recruit's native language and the organization shall pay the costs incurred to translate the information.

3. A client of an international marriage broker shall:

(1) Obtain a copy of his or her own criminal history record information;

(2) Provide the criminal history record information to the international marriage broker; and

(3) Provide to the international marriage broker his or her own marital history information.

4. An international marriage broker shall require the client to affirm that the marital history information is complete and accurate and includes information regarding marriages, annulments, and dissolutions that occurred in another state or foreign country.

5. An international marriage broker shall not provide any further services to the client or the recruit until the organization has obtained the required criminal history record information and marital history information and provided the information to the recruit.

6. An international marriage broker shall be deemed to be doing business in Missouri if it contracts for matchmaking services with a Missouri resident or is considered to be doing business pursuant to other laws of the state.

7. A person who is found guilty of violating the provisions of this section shall not be required to register as a sexual offender pursuant to the provisions of section 589.400, unless such person is otherwise required to register pursuant to the provisions of such section.

8. It shall be a class E felony to willfully provide incomplete or false information pursuant to this section.

9. Failure to provide the information and notice required pursuant to this section shall be a class E felony.

10. No provision of this section shall preempt any other right or remedy available under law to any party utilizing the services of an international marriage broker or other international marriage organization.

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

Transferred 2014; formerly 566.221; Effective 1-01-17

Unlawful fishing, hunting, or trapping onprivate land--affirmative defense--penalty.

578.520. 1. A person commits the offense of unlawful fishing, hunting, or trapping on private land if he or she fishes, hunts, or traps upon or retrieves wildlife from any private land that is not owned or in the possession of such person without permission from the owner or lessee of such land.

2. Any person who knowingly enters or remains on private property for the purpose of hunting, fishing, trapping, or retrieving wildlife in violation of subsection 1 of this section may, in addition to the penalty in subsection 4 of this section, be required by the court to surrender and deliver any license or permit issued by the department of conservation to hunt, fish, or trap. The court shall notify the conservation commission of any conviction under this section and request the commission take necessary action to revoke all privileges to hunt, fish, or trap for at least one year from the date of conviction.

3. It shall be an affirmative defense to prosecution for a violation of this section that the premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises.

4. The offense of unlawful fishing, hunting, or trapping on private land is a class B misdemeanor.

(L. 2007 S.B. 198, A.L. 2014 S.B. 491)

Effective 1-01-17

Unlawful retrieval of large or smallgame--affirmative defense--penalty.

578.525. 1. A person commits the offense of unlawful retrieval of large or small game if he or she, while engaged in the retrieval of wildlife from private land that is not owned or in the possession of such person with permission of the landowner or lessee of the land:

(1) Intentionally drives or flushes any large or small game located on the land toward other hunters of the retriever's same hunting group located on other parcels of land or right-of-ways; or

(2) Intentionally discharges a firearm at large or small game that originates from the private land during retrieval.

2. It shall be an affirmative defense to prosecution for a violation of this section that the premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises.

3. The offense of unlawful retrieval of large or small game is a class B misdemeanor.

(L. 2007 S.B. 198, A.L. 2014 S.B. 491)

Effective 1-01-17

Citation of law--definitions.

578.600. 1. Sections 578.600 to 578.624 shall be known and may be cited as the "Large Carnivore Act".

2. As used in sections 578.600 to 578.624, the following terms mean:

(1) "Circus", an incorporated, class C licensee that is licensed under Chapter I of Title 9 of the Code of Federal Regulations that is temporarily in this state, and that offers skilled performances by live animals, clowns, and acrobats for public entertainment;

(2) "Department", the Missouri department of agriculture;

(3) "Division", the division of animal health of the Missouri department of agriculture;

(4) "Facility", an indoor or outdoor cage, pen, or similar enclosure where a large carnivore is kept;

(5) "Humane killing", the same meaning as such term is defined in section 578.005;

(6) "Large carnivore", either of the following:

(a) Any of the following large cats of the Felidae family that are nonnative to this state held in captivity: tiger, lion, jaguar, leopard, snow leopard, clouded leopard, and cheetah, including a hybrid cross with such cat, but excluding any unlisted nonnative cat, or any common domestic or house cat; or

(b) A bear of a species that is nonnative to this state and held in captivity;

(7) "Livestock", the same meaning as such term is defined in section 267.565;

(8) "Permit", a permit issued under section 578.602;

(9) "Qualified veterinarian", a person licensed to practice veterinary medicine under chapter 340.

(L. 2010 S.B. 795)

Prohibited acts--purpose of act--permit required, procedure.

578.602. 1. Except as permitted under sections 578.600 to 578.624, no person shall:

(1) Own or possess a large carnivore;

(2) Breed a large carnivore;

(3) Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration; or

(4) Transport a large carnivore.

2. The division shall implement and enforce the provisions of sections 578.600 to 578.624 for the following purposes:

(1) The standardization of ownership, transport, and breeding of large carnivores;

(2) Identification and location of large carnivores;

(3) Protection of members of the public from large carnivores; and

(4) Practice best husbandry and health care protocols to ensure the humane and safe treatment of large carnivores on behalf of their physical well-being.

3. Any person possessing, breeding, or transporting a large carnivore on or after January 1, 2012, shall apply for and obtain a permit from the division. Any person possessing, breeding, or transporting a large carnivore as of January 1, 2012, shall apply for a permit from the division within sixty days of such date. One permit shall be required for each large carnivore. Any permit so issued by the division shall set forth all of the following:

(1) The name and address of the permit holder and the address where each large carnivore will be kept, if different from that of the permit holder;

(2) The identification number of each large carnivore required under section 578.604 for which a permit is sought;

(3) The name and address of the veterinarian who is expected to provide veterinary care to the large carnivore and, if different, the name and address of the veterinarian who has inserted the subcutaneous microchip required under section 578.604. The selected veterinarian shall install the microchip, collect an appropriate sample for DNA registration, provide a written summary of the physical examination, and provide a signed health certificate as needed for transport; and

(4) Any other reasonable information as determined by the department, including the amount of the permit fee, not to exceed two thousand five hundred dollars, as set by the division to offset the actual and necessary costs incurred to enforce the provisions of sections 578.600 to 578.624 and the amount of the annual renewal fee, not to exceed five hundred dollars, for such permits.

4. No permit shall be issued to any person under the age of twenty-one years of age or who has been found guilty of, or pled guilty to, a violation of any state or local law prohibiting neglect or mistreatment of any animal or, within the previous ten years, any felony.

(L. 2010 S.B. 795)

Identification number on animal required.

578.604. The owner of a large carnivore shall have an identification number placed in the large carnivore via subcutaneous microchip, at the expense of the owner, by or under the supervision of a veterinarian.

(L. 2010 S.B. 795)

USDA regulations and standards, compliance with required--death ofanimal, notification of department required.

578.606. 1. Any person who owns, possesses, breeds, or sells a large carnivore shall adhere to all United States Department of Agriculture regulations and standards.

2. Upon the death of a large carnivore, the owner shall notify the state department of agriculture of such death within ten business days. Such notification shall include the identification number from the animal's subcutaneous microchip.

(L. 2010 S.B. 795)

Animal may be killed, when, by whom--immunity from liability,when--trespass by animal, when.

578.608. 1. A law enforcement officer or other person may kill a large carnivore if such officer or person observes or has reason to believe that the large carnivore is chasing, attacking, injuring, or killing:

(1) A human being, whether the large carnivore is contained in or is outside of its enclosure;

(2) Livestock;

(3) Poultry; or

(4) A mammalian pet, only if the large carnivore is outside of its enclosure.

2. No law enforcement officer, animal control officer, or person shall be held civilly liable for damages or otherwise for killing or attempting to kill a large carnivore under subsection 1 of this section.

3. A large carnivore's entry onto a field or enclosure that is owned by or leased by a person producing livestock or poultry constitutes a trespass, and the person who owns or possesses the large carnivore is liable in damages.

(L. 2010 S.B. 795)

Death or injury of a human by animal, liability of owner--liabilityinsurance required--escape or release of animal, notificationrequired.

578.610. 1. Any person who owns or possesses a large carnivore is liable in a civil action for the death or injury of a human and for property damage, including but not limited to the death or injury of another animal, caused by the large carnivore. Sections 578.600 to 578.624 do not limit the common law liability of the owner of a large carnivore for the death or injury of a human or for property damage caused by the large carnivore.

2. Any person who owns or possesses a large carnivore shall maintain liability insurance in an amount of not less than two hundred fifty thousand dollars. Each person subject to the provisions of this subsection shall provide verification to the department on an annual basis that such liability insurance is being maintained.

3. If a large carnivore escapes or is released, intentionally or unintentionally, the person who owns or possesses the large carnivore shall immediately contact law enforcement to report the loss, escape, or release. The person who owns or possesses the large carnivore is liable for all expenses associated with efforts to recapture the large carnivore that is released or escapes.

(L. 2010 S.B. 795)

Permit for transport of animal required.

578.612. A person lawfully in possession of a large carnivore under sections 578.600 to 578.624 shall be required to obtain a permit to transport the large carnivore in a vehicle in compliance with all federal and division requirements applicable to such large carnivores.

(L. 2010 S.B. 795)

Violations, penalty--exceptions.

578.614. 1. Subject to subsection 2 of this section, any person who violates sections 578.600 to 578.624 is guilty of a class A misdemeanor. Any person who fails to obtain a permit as required by sections 578.600 to 578.624 is guilty of a class A misdemeanor. Any person who intentionally releases a large carnivore except to the care, custody, and control of another person is guilty of a class E felony. In addition, a person who violates sections 578.600 to 578.624 may be punished by one or more of the following:

(1) Community service work for not more than five hundred hours;

(2) The loss of privileges to own or possess any animal.

2. Subsection 1 of this section does not apply to a law enforcement officer, animal control officer, qualified veterinarian, or department of agriculture employee with respect to the performance of the duties of a law enforcement officer, animal control officer, qualified veterinarian, or department of agriculture employee under sections 578.600 to 578.624.

(L. 2010 S.B. 795, A.L. 2014 S.B. 491)

Effective 1-01-17

Civil forfeiture, when.

578.616. 1. If a person who owns, possesses, breeds, or sells a large carnivore violates sections 578.600 to 578.624, such large carnivore and any other large carnivore owned or possessed by such person are subject to civil forfeiture.

2. The prosecuting attorney in an action under section 578.614 may file a petition requesting that the court issue an order for civil forfeiture of all of the large carnivores owned or possessed by the person violating sections 578.600 to 578.624.

(L. 2010 S.B. 795)

Local laws, more restrictive permitted.

578.618. A political subdivision may adopt an ordinance governing large carnivores that is more restrictive than sections 578.600 to 578.624. The requirements of sections 578.600 to 578.624 are in addition to any other requirements governing a large carnivore under state and federal law.

(L. 2010 S.B. 795)

Inapplicability of act.

578.620. 1. Sections 578.602 and 578.604 shall not apply to any of the following:

(1) An animal control shelter or animal protection shelter that is providing temporary care to a large carnivore for ninety days or less and has proper facilities to handle the large carnivore;

(2) A law enforcement officer or department of agriculture employee acting under the authority of sections 578.600 to 578.624;

(3) A veterinarian temporarily in possession of a large carnivore to provide veterinary care for or humanely euthanize the large carnivore;

(4) A class C licensee that possesses and maintains a class C license under 9 C.F.R. 1.1 that meets the following conditions:

(a) The business is not conducted in connection with another business as a means of attracting customers to such other business;

(b) The class C licensee currently owns or possesses a large carnivore on August 28, 2010; except that, any class C licensee whose license is revoked after August 28, 2010, shall be required to obtain a state permit. For any large carnivore acquired after August 28, 2010, the class C licensee shall obtain a state permit.

2. Sections 578.602 and 578.604 shall not apply to a person who is not a resident of this state and who is in this state only for the purpose of travel between locations outside of this state and is not exhibiting in this state.

(L. 2010 S.B. 795)

Additional exemptions

578.622. Sections 578.600 to 578.624 shall not apply to a circus, the University of Missouri-Columbia College of Veterinary Medicine, or a zoological park that is a part of a district created under chapter 184.

(L. 2010 S.B. 795)

Large carnivore fund created, use of moneys.

578.624. 1. (1) There is hereby created in the state treasury the "Large Carnivore Fund", which shall consist of moneys collected under sections 578.600 to 578.624, and any gifts, donations, bequests, or appropriations. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely for the administration of sections 578.600 to 578.624.

(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

2. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 578.600 to 578.624 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. Sections 578.600 to 578.624 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.

(L. 2010 S.B. 795)

Unavailability of use of certain moneys

578.625. No moneys collected under section 273.327 shall be used to operate or administer sections 578.600 to 578.624.

(L. 2010 S.B. 795 § 1)


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