|SB 0758||Revises laws relating to computer crimes|
|LR Number:||3168S.01I||Fiscal Note:||3168-01|
|Committee:||Civil and Criminal Jurisprudence|
|Last Action:||02/16/00 - SCS Voted Do Pass S Civil & Criminal Jurisprudence||Journal page:|
|Effective Date:||August 28, 2000|
SCS/SB 758 - This act revises various provisions concerning computer crimes, including those involving child pornography.
537.525 - Allows the owner or lessee of any computer equipment to bring a civil action for an alleged computer crime. Damages may include any reasonable expenses for blocking future access by the perpetrator to the equipment.
541.033 - Venue for prosecution of crimes shall include any county in which the victim resided, or as otherwise provided by law.
542.281 - Exempts child pornography from the requirement of court hearing to determine the obscene nature of material for which a warrant is sought, prior to issuance of the warrant.
565.090 - Includes reference to communications by any means in crime of harassment. Penalty for communicating a threat to commit a felony in increased to a D felony from an A misdemeanor. Harassment by other methods remains an A misdemeanor.
565.225 - Revises definition of "credible threat" relating to crime of stalking to include certain written, electronic or telephonic communications, or certain postings of a site or message.
565.252 - Creates the Class C felony of invasion of privacy in the first degree, if a person knowingly photographs or films another person in a state of full or partial nudity without that person's knowledge or consent, and distributes or transmits the image to another person.
565.253 - A person commits invasion of privacy in the second degree by knowingly photographing or filming another person in a state of full or partial nudity without that person's knowledge or consent. The crime is a Class A misdemeanor; a Class D felony if more than one person's image is involved; and a Class C felony is the actor is a prior offender.
568.110 - Any film or computer professional with knowledge of a visual depiction or computer-generated image of a child less than 18 engaged in sexual conduct shall make a report to law enforcement. Failure to do so is a Class B misdemeanor. The section shall not be construed to impose a duty upon any service provider to monitor customers or content.
569.070 - A person commits the crime of causing catastrophe by knowingly and without authorization altering any computer network or program with the purpose of causing a catastrophe by explosion, fire, flood, or release of a bacteria or computer virus.
569.096 - Creates Class D felony of computer invasion of privacy, for using a computer to intentionally and without authority examine any employment, credit or financial or personal information of another person. If the offense is committed to defraud or to obtain any property with a value of $500 or more, it is a C felony.
573.010 - Creates definitions of "child"(person under 14) and revises definition of "obscene".
573.023 - Creates crime of sexual exploitation of a minor, for creating child pornography or obscene material with a minor. Penalty is Class B felony unless the minor is a child, in which case it is a Class A felony.
573.025 - Revises crime of promoting child pornography in the first degree to include obscene material with a child or child pornography. Crime is Class C felony, unless the person knowingly promotes such material to a minor, in which case it is a Class B felony.
573.035 - Promoting child pornography in the second degree is revised to include promoting obscene material that has a child as a participant in or observer of sexual conduct. The crime is a Class D felony, unless the person knowingly promotes such material to a minor, in which case it is a Class C felony.
573.037 - A person commits possession of child pornography if, knowing of its content and character, the person possesses any obscene material that has a child as a participant in or observer of sexual conduct. Crime is a Class A misdemeanor, unless the person has been found guilty of an offense under this section, in which case it is a Class D felony.
This act is similar to HS/HCS/HB 1215, and certain provisions are
similar to portions of SB 757.