Fulton False declarations—Generally ordinance (§ 78-5)

(a) It shall be unlawful for any person, with the purpose to mislead a public servant in the performance of his duty, to:

(1) Submit any written false statement, which he does not believe to be true:

a. In an application for any pecuniary benefit or other consideration; or

b. On a form bearing notice, authorized by law, that false statements made therein are punishable; or

(2) Submit or invite reliance on:

a. Any writing which he knows to be forged, altered or otherwise lacking in authenticity; or

b. Any sample, specimen, map, boundary mark or other object which he knows to be false.

(b) The falsity of the statement or the item under subsection (a) of this section must be as to a fact which is material to the purposes for which the statement is made or the item submitted, and the provisions of RSMo 575.040(2) and (3), shall apply to prosecutions under subsection (a) of this section.

(c) It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or item, but this defense shall not apply if the retraction was made after:

(1) The falsity of the statement or item was exposed; or

(2) The public servant took substantial action in reliance on the statement or item.

(d) The defendant shall have the burden of injecting the issue of retraction under subsection (c) of this section.