SS/SCS/SBs 714, 933, 899 & 758 - This act modifies various provisions relating to sexual offenses.
SECTIONS 43.650, 43.651, 589.402, & 589. 407 (also see Sections 589.402 & 589.407 below)
Any person required to register as a sexual offender must provide county law enforcement with any online identifying information he or she uses. Such information shall be made available to the public on the sex offender registry website, but only through specific searches using the online identifier. The information shall not be included in a general profile of the offender.
Subject to appropriations, the Highway Patrol shall make online identifying information of registered sex offenders available to certain electronic and computer businesses to prescreen users and to compare information held by the business.
The patrol shall promulgate rules regarding the release and use of online identifying information and establish a fee for such service. Information obtained by the business shall not be used for any purpose other than for prescreening users or comparing the database of registered users against the list of online identifiers of persons on the sex offender registry in order to protect children from online sexual predators.
Any business complying with these provisions in good faith shall be immune from any civil or criminal liability resulting from: 1) refusing to provide services to a person because the entity believed the person was required to register as a sex offender; 2) a person's criminal or tortious acts, when the person is a register sex offender who has complied with the registration requirements, and committed the acts against a minor using the business's services or system; or 3) any activity for which the entity would be immune from liability under federal law for blocking or screening of offensive material.
SECTIONS 211.425 and 589.400 (also see Section 589.400 below)
Currently, juvenile sex offenders are required to register on a separate juvenile sex offender registry that is kept confidential by the juvenile offices. Under this act, juveniles certified as adults, who have committed an offense comparable to or more severe than aggravated sexual abuse, and those juveniles fourteen years of age or older who are adjudicated of an offense that is comparable to or more severe than aggravated sexual abuse, shall be required to register as an adult sex offender on the public registry.
Under this act, a statement made by a child under the age of fourteen relating to a pornography offense performed with or on a child by another person, that is otherwise inadmissible in court, shall be admissible as evidence if certain requirements are met, including the court finding that the statement provides sufficient indications of reliability and the child testifies at the proceedings or the court finds that the trauma that would result from testifying renders the child "unavailable" as a trial witness. Any statement of such a child is sufficient corroboration of a statement, admission, or confession regardless of whether or not the child is available to testify.
SECTIONS 556.061 & 565.153
This act increases the penalty for parental kidnapping from a Class D felony to a Class C felony when the parent commits the offense by detaining or concealing the whereabouts of the child for not less than 60 days but not longer than 119 days. The crime shall be a Class B felony if the parent detains or conceals the child for not less than 120 days.
When the crime of parental kidnapping qualifies as a Class B felony, it shall be considered a "dangerous felony". Persons convicted of dangerous felonies and committed to the Department of Corrections are required to serve 85% of the sentence imposed by the court.
This act makes attempted sexual misconduct involving a child a Class D felony in the same manner as committing sexual misconduct involving a child. This act also changes the crime of sexual misconduct of a child to include certain acts committed against a child victim less than fifteen years of age instead of less than fourteen years of age.
SECTIONS 566.147 & 566.149
Currently, persons who have committed certain sexual offenses against a child are prohibited from being present in or loitering within five hundred feet of school without being a parent with school permission or from residing within one thousand feet of a school or licensed child-care facility. Under this act, persons who commit comparable offenses in any other state or foreign country or under tribal, federal, or military jurisdiction shall be subject to the same restrictions.
Under this act, a person commits the crime of age misrepresentation with intent to solicit a minor when he or she knowingly misrepresents his or her age with the intent to use the Internet to engage in criminal sexual conduct involving a minor. Such crime is a Class D felony.
A person is guilty of promoting chid pornography in the first degree if, knowing of its contents and character, such person possesses with the intent to promote or promotes child pornography of a child less than 14 years of age or obscene material portraying what appears to be a child less than fourteen years of age. This act prohibits any person who pleads guilty to or is found guilty of promoting child pornography in the first degree from being eligible for probation or parole for at least 3 years.
A person is guilty of promoting chid pornography in the second degree if, knowing of its contents and character, such person possesses with the intent to promote or promotes child pornography of a minor under the age of eighteen or obscene material portraying what appears to be a minor under the age of eighteen. This act prohibits any person convicted of promoting child pornography in the second degree from being eligible for probation.
A person commits possession of child pornography if, knowing of its content and character, such person possesses any child pornography of a minor under the age of eighteen or obscene material portraying a minor under the age of eighteen.
This act makes possession of child pornography a Class C felony unless the person possesses more than twenty still images or one film or videotape of child pornography or has previously committed this offense, in which case, the crime is a Class B felony. Currently, possession of child pornography is a Class D felony unless the offender has previously committed this offense, in which case, the crime is a Class C felony.
This act requires that in any criminal proceeding, any property or material that constitutes child pornography shall remain in the custody of the state or the court. The court shall deny requests to copy or reproduce the child pornography if it is made reasonably available to the defendant by providing ample opportunity for inspection, viewing, and examination at a state or other governmental facility.
Under this act, attempting to furnish pornographic materials to a minor is a Class A misdemeanor in the same manner as actually furnishing the materials to a minor. It is not an affirmative defense to prosecution that the person being furnished the pornographic material is a peace officer masquerading as a minor.
This act adds the crime of enticement of a child to the list of offenses for which a person must complete the sexual offender treatment program (MOSOP).
SECTIONS 589.400, 589.402, 589.403, 589.405. 589.407, & 589.414
Persons who conspire to commit an offense listed on the sex offender registry shall be required to register as well as the persons who actually commit the crimes. Persons who are on the register for conspiring to commit an offense will have his or her information posted on the Highway Patrol sexual offender registry website. Also, persons who have committed comparable offenses under a tribal jurisdiction must register.
This act also adds the crime of abuse of a child when such abuse is sexual in nature to list of crimes for which a person must register as a sexual offender.
Currently, a person required to register in another state must register in Missouri if he or she is attending school or training here for more than fourteen days per year. This act specifies instead that persons attending any educational institution, whether public or private, including any secondary school, trade school, professional school, or institution of higher education for more than seven days in a twelve-month period must register.
Under this act, a register sex offender shall have three days, rather than ten days, upon conviction, release from incarceration, or placement on probation, to register with law enforcement.
A person convicted of attempting or conspiring to commit felonious restraint when the victim is the person's child, nonsexual child abuse, or parental kidnapping, shall be removed from the registry.
A person on the sexual offender registry for attempting to commit or conspiring to commit the crimes of promoting prostitution in the second or third degree, public display of explicit sexual material, or statutory rape in the second degree, when no physical force was used in the commission of the crime, may make a petition to the court for removal after ten years. Currently, persons who are convicted of committing such crimes may make such a petition.
Currently, correctional facilities must obtain and forward the address of a sex offender being released to county law enforcement. This act requires the facility to complete the initial registration prior to release and forward it to the county law enforcement within three business days. When the person being released lists an out-of-state address, the registration shall be forwarded to the Highway Patrol. The court must forward to county law enforcement the address of a sex offender who is released from county jail within three days.
Along with other registration information provided by a sex offender, he or she must also provide county law enforcement with palm prints and a DNA sample if one has not already been taken. When reporting semiannually with law enforcement, a sex offender must allow the chief law enforcement officer to take a current photograph of the offender rather than providing a photograph himself or herself.
This act changes the length of time that a sex offender has to contact law enforcement with any changes in registry information from ten days to three days. Also, the offender must appear in person to county law enforcement regarding all changes in information rather than only those regarding moving outside of the county.
This act specifies that if a registered sex offender changes or obtains a new online identifier, the person shall report such information in the same manner as a change in residence before using the identifier.
This act makes the crime of failing to register as a sex offender a Class D felony for the first offense, unless the crime for which the person must register is an unclassified felony, a Class A or B felony, or a felony involving a child under the age of fourteen, in which case, it is a Class C felony. Currently, the crime is a Class A misdemeanor, unless the aggravating circumstances exist, and it is a Class D felony.
This act restricts certain activities of sex offenders on Halloween. They are required to avoid all Halloween-related contact with children, remain inside his or her residence between 5 and 10:30 p.m. unless there is just cause to leave, post a sign stating, "No candy or treats at this residence", and leave all outside residential lighting off during the evening hours.
This act creates the "Cyber Crime Investigation Fund". This fund shall be used solely for the administration of the cyber crime investigation grant program. Beginning with fiscal year 2010, the general assembly shall appropriate three million dollars to the fund annually. The Department of Public Safety shall administer the fund.
This act allows money distributed by the Department of Public Safety to investigate internet sex crimes against children to be used to fund training for prosecuting and circuit attorneys. Currently, the money can only be used for other purposes, including training law enforcement personnel.
This act contains an emergency clause for certain provisions.
This act is similar to SB 5 (2007), SB 933 (2008), & SB 737 (2008).
SUSAN HENDERSON MOORE