HB 1498 Revises various sex crimes
Current Bill Summary
- Prepared by Senate Research -

SCS/HS/HB 1498 - This act revises crimes related to sexual offenses.

BESTIALITY - This act creates the crime of bestiality as a Class A misdemeanor. If the act of bestiality happens in the presence of a minor or causes the animal serious physical injury, it is a Class D felony. This act also lists bestiality to be included in the list of offenses in which a warrant may be obtained when there is suspected animal abuse.

SKILLED NURSING FACILITY - An owner or employee of a skilled nursing facility having sexual contact with an Alzheimer's patient or with a resident of a living care facility is guilty of a Class C felony.

CORRECTIONS FACILITY - A person who is an employee of or assigned to work in any correctional facility who has sexual intercourse or deviate sexual intercourse with an inmate or resident of the facility is guilty of a Class C felony.

MEGAN'S LAW - This act allows the Highway Patrol to search the sex offender registry when conducting background checks for potential employees of day cares, residential care facilities and youth services agencies. The Highway Patrol will inform the agency or provider of the address and the offenses of the applicant. Attempted forcible rape and attempted forcible sodomy are classified as dangerous felonies to Missouri statutes. Parole boards are allowed to consider information listed on the juvenile sex offenders registry if the offender being considered for parole is less than twenty-one years old.

ENTICEMENT OF A CHILD - This act creates the crime of enticement of a child. A person commits the crime of enticement if he or she is at least twenty-one years old and persuades, solicits, coaxes, entices or lures any person who is less than fifteen years of age for the purpose of engaging in sexual conduct. Attempting to entice a child is a Class D felony. Enticement of a child is a Class C felony unless a person has been found guilty of previous sexual offenses, then it is a Class B felony.

RCFL - The Missouri Regional Computer Forensics Laboratory (RCFL) is created. RCFL combines local, state and federal resources to research and combat computer and Internet-related crimes. RCFL will be under the control of the Department of Public Safety.

SEXUALLY VIOLENT PREDATOR - A person who may meet the criteria of a sexually violent predator will be evaluated by either a psychiatrist or a psychologist as to whether or not the person meets the definition of a sexually violent predator.

SEX OFFENDER REGISTRY - Persons required to register as sex offenders under current law must register with county officials within 10 days of moving to another county or being released from custody. A person required to register must register by September 10, 2002 with the chief law enforcement official of the county in which they reside.

The act allows for community notification regarding certain registered sex offenders. The act provides immunity for release of information by law enforcement and by employees of the Departments of Corrections, Public Safety, and Social Services. Prior to releasing a sex offender, the Department of Corrections is required to perform a risk assessment of any offender required to register as a sex offender. The act tailors the extent of any community notification to the assessment results.

This act is similar to CCS/HS#2/SS/SCS/SBs 969 et. al.; CCS/HCS/SB 758; SB 1095; HCS/SCS/SB 1070; HS/HB 1498; SB 1188; SCS/SBs 1115 & 849; SB 1239; and HB 1088.
SARAH MORROW

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