Section 575.021

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 575

Effective - 28 Aug 2010, 2 histories, see footnote   (history) 

  *575.021.  Until December 31, 2016 — Obstruction of an ethics investigation, defenses, penalty. — 1.  A person commits the crime of obstruction of an ethics investigation if such person, for the purpose of obstructing or preventing an ethics investigation, knowingly commits any of the following acts:

  (1)  Confers or agrees to confer anything of pecuniary benefit to any person in direct exchange for that person's concealing or withholding any information concerning any violation of sections 105.450 to 105.496 and chapter 130;

  (2)  Accepting or agreeing to accept anything of pecuniary benefit in direct exchange for concealing or withholding any information concerning any violation of sections 105.450 to 105.496 or chapter 130;

  (3)  Utters or submits a false statement that the person does not believe to be true to any member or employee of the Missouri ethics commission or to any official investigating any violation of sections 105.450 to 105.496 or chapter 130; or

  (4)  Submits any writing or other documentation that is inaccurate and that the person does not believe to be true to any member or employee of the Missouri ethics commission or to any official investigating any violation of sections 105.450 to 105.496 or chapter 130.

  2.  It is a defense to a prosecution under subdivisions (3) and (4) of subsection 1 of this section that the person retracted the false statement, writing, or other documentation, but this defense shall not apply if the retraction was made after:

  (1)  The falsity of the statement, writing, or other documentation was exposed; or

  (2)  Any member or employee of the Missouri ethics commission or any official investigating any violation of sections 105.450 to 105.496 or chapter 130 took substantial action in reliance on the statement, writing, or other documentation.

  3.  The defendant shall have the burden of injecting the issue of retraction under this section.

  4.  Obstruction of an ethics investigation under this section is a class A misdemeanor.

­­--------

(L. 2010 S.B. 844)

*This section was repealed by S.B. 491, 2014, effective 1-01-17.  Due to the delayed repeal date, the version of this section in effect until 12-31-16 is printed here.

(2012)  Senate Bill 844 provision declared unconstitutional as a violation of the original purpose requirement of Art. III, Sec. 21, Constitution of Missouri.  Legends Bank v. State, 361 S.W.3d 383 (Mo. banc).