- Introduced -

SB 758 - This act revises various provisions regarding 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 computer crimes shall include any county in which any act in furtherance of the crime was performed; in which the accused has control or possession of records or equipment used in furtherance of the crime; in or through which the electronic transfer occurred; or in which any computer equipment used in the offense is located.

542.281 - Exempts child pornography from the requirement that a court conduct a hearing to determine the obscene nature of material for which a warrant is sought, prior to issuance of the warrant.

556.036 - Statute of limitations for certain computer crimes created by this act shall be one year after discovery, but in no event longer than three years.

565.090 - Includes reference to computer and electronic communications in crime of harassment. Penalty for communicating a written, electronic or verbal 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 computer service professional with knowledge gained within the scope of employment 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.

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, or by release of a computer virus.

569.093 - 569.099 - Repealed and recodified, with revisions, in Chapter 573.

573.010 - Creates and revises various definitions.

573.025 & 573.035 - Combines provisions which currently constitute the Class A felony of promoting child promoting child pornography in the first degree (a B felony) and promoting child pornography in the second degree (a C felony), into one section establishing the crime of promoting child pornography, a Class A felony.

573.037 - Possession of child pornography shall include possession or control of any visual depictions of a minor involved in sexual contact. The crime is enhanced from a Class A misdemeanor to a Class D felony. Eliminates the requirement of a prior offense before offender is guilty of a felony. Each and every visual depiction of child pornography constitutes a separate offense.

573.045 - Creates new Class A felony of furnishing child pornography to a minor, which includes electronic transfer of child pornography to a minor. Each and every visual depiction of child pornography constitutes a separate offense.

573.050 - In any prosecution for child pornography in the first or second degree or for furnishing child pornography to minors, the determination of the child's age shall be made as set forth in section 568.100, or the determination that the child involved meets the definition of "identifiable minor", shall constitute sufficient evidence to support a conviction.

578.500 -Creates new definitions relating to computer crimes.

578.503 - A person commits crime of tampering with computer data if he knowingly and without authorization modifies or destroys data or programs, discloses or takes data, or discloses or takes a password, or receives any of the above information with the knowledge or belief it was obtained through tampering. The crime is a Class A misdemeanor, unless it was committed to defraud or to obtain property with a value of $500 or more, in which case it is a Class C felony.

578.506 - 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.

578.509 - 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.

578.512 - 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.

578.515 - Creates crime of unlawful computerized communications, for communicating by computer, with the purpose of frightening or threatening another person, a threat to commit a felony; using coarse language; fails to reveals one's identity; sends repeated messages after receiving notice that no further communications are desired. Crime is a Class A misdemeanor; if the actor threatens a felony or sends repeated unwelcome messages, the crime is a Class D felony.

578.521 - If any element of any criminal offense involves access to a computer network or data, computer, or computer program or system located in whole or in part within this state, or through wire transmission passing through this state, the Attorney General shall have concurrent original jurisdiction with the prosecuting attorney.

578.524 - Any school, school district or university, or any library that receives states funds, and that provides access to computers shall, on or before July 1, 2002, either ensure that minors are prevented from gaining access to pornographic materials, or purchase Internet access that contains a filtering service. Any entity in violation of this section shall not expend any funds for computer equipment or services until it is in compliance.

Certain provisions in this act are identical to portions of SB 757.

JOAN GUMMELS