Section 16-17 Definitions.


    In this article, unless the context requires a different definition, the following shall apply:

     Affirmative defense. The phrase "affirmative defense" means:

    (1)    The defense referred to is not submitted to the trier of fact unless supported by evidence; and

    (2)    If the defense is submitted to the trier of fact the defendant has the burden of persuasion that the defense is more probably true than not.

     Agent. "Agent" means any director, officer or employee of a corporation or unincorporated association or any other person who is authorized to act in behalf of the corporation or unincorporated association.

     Burden of injecting the issue. The phrase "the defendant shall have the burden of injecting the issue" means:

    (1)    The issue referred to is not submitted to the trier of fact unless supported by evidence; and

    (2)    If the issue is submitted to a trier of fact any reasonable doubt on the issue requires a finding for the defendant on that issue.

     Coercion. Coercion means a threat, however communicated:

    (1)    To commit any crime; or

    (2)    To inflict physical injury in the future on the person threatened or another; or

    (3)    To accuse any person of any crime; or

    (4)    To expose any person to hatred, contempt or ridicule; or

    (5)    To harm the credit or business repute of any person; or

    (6)    To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or

    (7)    To inflict any other harm which would not benefit the actor.

A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat.

     Confinement. A person is in "confinement" when he is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:

    (1)    A court orders his release; or

    (2)    He is released on bail, bond or recognizance, personal or otherwise; or

    (3)    A public servant having the legal power and duty to confine him authorizes his release without guard and without condition that he return to confinement.

A person is not in confinement if:

    (1)    He is on probation or parole, temporary or otherwise; or

    (2)    He is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport him to or from a place of confinement.

     Consent. Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:

    (1)    It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and such incompetence is manifest or known to the actor; or

    (2)    It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

    (3)    It is induced by force, duress or deception.

     Custody. A person is in custody when he has been arrested but has not been delivered to a place of confinement.

     Forcible compulsion means either:

    (1)    Physical force that overcomes reasonable resistance; or

    (2)    A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of himself or another person.

     High managerial agent. "High managerial agent" means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

     Incapacitated. "Incapacitated" means that physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him if he became unconscious, unable to appraise the nature of his conduct, or unable to communicate unwillingness to an act, after consenting to the act.

     Law enforcement officer. "Law enforcement officer" means any public servant having both the power and the duty to make arrests for violations of the laws of this city.

     Offense. "Offense" means any misdemeanor or infraction.

     Physical injury. "Physical injury" means physical pain, illness, or any impairment of physical condition.

     Place of confinement. "Place of confinement" means any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held.

     Police dog. A dog trained to obey the commands of a police officer which is maintained and utilized by the Columbia Police Department or other law enforcement agency.

     Public servant. "Public servant" means any person employed in any way by the government of this city who is compensated by the government by reason of his employment and includes, but is not limited to, legislators, jurors, members of the judiciary and both regular and special or reserve law enforcement officers. It does not include witnesses.

     Serious physical injury. "Serious physical injury" means physical injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(Code 1964, §§ 7.440, 7.445, 7.450, 7.590(3); Ord. No. 14512, § 2, 6-5-95)

     Cross reference(s)--Definitions and rules of construction generally, § 1-2.