Section 304.894

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 304

Effective - 28 Aug 2013, 2 histories, see footnote   (history) 

  304.894.  Offense of endangerment of an emergency responder, elements — penalties. — 1.  A person commits the offense of endangerment of an emergency responder for any of the following offenses when the offense occurs within an active emergency zone:

  (1)  Exceeding the posted speed limit by fifteen miles per hour or more;

  (2)  Passing in violation of subsection 3 of section 304.892;

  (3)  Failure to stop for an active emergency zone flagman or emergency responder, or failure to obey traffic control devices erected, or personnel posted, in the active emergency zone for purposes of controlling the flow of motor vehicles through the zone;

  (4)  Driving through or around an active emergency zone via any lane not clearly designated for motorists to control the flow of traffic through or around the active emergency zone;

  (5)  Physically assaulting, attempting to assault, or threatening to assault an emergency responder with a motor vehicle or other instrument; or

  (6)  Intentionally striking, moving, or altering barrels, barriers, signs, or other devices erected to control the flow of traffic to protect emergency responders and motorists unless the action was necessary to avoid an obstacle, an emergency, or to protect the health and safety of an occupant of the motor vehicle or of another person.

  2.  Upon a finding of guilt or a plea of guilty for committing the offense of endangerment of an emergency responder under subsection 1 of this section, if no injury or death to an emergency responder resulted from the offense, the court shall assess a fine of not more than one thousand dollars, and four points shall be assessed to the operator's license pursuant to section 302.302 upon conviction.

  3.  A person commits the offense of aggravated endangerment of an emergency responder upon a finding of guilt or a plea of guilty for any offense under subsection 1 of this section when such offense results in the injury or death of an emergency responder.  Upon a finding of guilt or a plea of guilty for committing the offense of aggravated endangerment of an emergency responder, in addition to any other penalty authorized by law, the court shall assess a fine of not more than five thousand dollars if the offense resulted in injury to an emergency responder, and ten thousand dollars if the offense resulted in the death of an emergency responder.  In addition, twelve points shall be assessed to the operator's license pursuant to section 302.302 upon conviction.

  4.  Except for the offense established under subdivision (6) of subsection 1 of this section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one or more emergency responders were responding to an active emergency.

  5.  No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under subsection 1 of this section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.

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(L. 2013 H.B. 103 merged with S.B. 282)