SCS/HS/HCS/HBs 1215 & 1240 - This act revises various provisions regarding computer crimes, including those involving child pornography.

149.071 - Prohibits "gray market" cigarettes, including sale over the Internet to minors (class A misdemeanor). Requires person licensed to affix tax stamps to cigarettes to file certain information with the Department of Revenue. A violation is deemed a deceptive act or practice.

407.020 - Creates the unlawful practice 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. A violation is class A misdemeanor, or a Class C felony is the offense is committed to defraud or to obtain any property with a value of $500 or more. (Effective January 1, 2001.)

A person commits crime of tampering with computer equipment if he knowingly and without authorization modifies, destroys, damages or takes computer equipment. The crime is a Class A misdemeanor, unless the offense is committed to defraud or to obtain property with a value of $500 or more, or the resulting damage to the computer is $500 or more, in which case it is a Class C felony.

A person commits crime of tampering with computer users by knowingly and without authorization accesses or denies access to any computer system. The crime is a Class A misdemeanor, unless the offense is committed to defraud or to obtain any property with a value of $500 or more, in which case it is a C felony.

Allows the Attorney General to have concurrent original jurisdiction in prosecutions under this section in all counties of the second, third and fourth classification. Deletes outdated provisions.

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.

556.046 - Clarifies that a criminal offense is charged when: 1) it is in an indictment or information; or 2) it is a lesser included offense. A court shall instruct the jury with respect to a lesser included offense only if there is a basis for acquitting the defendant of the higher charge and convicting him of the included offense.

565.090 - Updates methods of communications for 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, computer professional or Internet service provider 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.

569.095 - Updates the amount or value of property involved required for a felony conviction of tampering with computer data to $750 or more.

573.010 - Creates definitions of "child" (person under 14) and revises definition of "obscene".

573.017 - Any city, town or village may enact and enforce an ordinance prohibiting public nudity or any live electronic transmission via the Internet of any live public nudity, if the ordinance complies with a recent decision of the United States Supreme Court.

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.

578.524 - Requires any university or state college, technical or vocational school, and board of any public library receiving state funds to develop a written computer use policy to prevent minors from gaining access to pornography, by July 1, 2002.
JOAN GUMMELS