Introduced

SECTION 43.533 - Toll-Free Sexual Offender Hotline

This section requires the Highway Patrol, subject to appropriation, to operate a toll-free telephone number to disseminate information regarding individuals registered as sexual offenders.

This section is similar to provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 188.023 - Abortion Clinic Personnel

This section specifies that any abortion clinic personnel who has prima facie evidence that a client has been the victim of statutory rape is required to report such crime in the same manner as mandatory reporters.

This section is similar to provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 211.011 - Purpose of Juvenile Courts

This section modifies the purpose of the Juvenile Courts. Under this act, the purpose of the juvenile courts is not only to facilitate the care, protection, and discipline of children within the juvenile court system, but also to promote and support repairing the harm of crime, increasing the safety of the citizens of the state, emphasizing accountability, and providing alternatives to incarceration for non-violent offenders.

SECTION 211.071 - Rebuttable Presumption for Transfer

This section creates a rebuttable presumption that a child shall be transferred to a court of general jurisdiction for prosecution if the child has committed murder, first degree assault, forcible rape or sodomy, first degree robbery, or distribution of drugs, or has committed two or more prior unrelated offenses that would be felonies if committed by adults.

SECTION 217.735 & SECTION 559.106 - Lifetime Supervision & Electronic Monitoring

This section changes which offenders must be under lifetime supervision by the Board of Probation and Parole and electronically monitored. Currently, this section requires prior sex offenders, who commit rape, sodomy, child molestation, sexual misconduct or abuse, enticement of a child, or sexual trafficking of a child, against a child under the age of 14, to under lifetime supervision and electronically monitored.

Under this act, any person convicted of forcible rape, forcible sodomy, statutory rape in the first degree, or statutory sodomy in the first degree, shall be under lifetime supervision and electronically monitored for a first offense. Prior sex offenders, who commit child molestation, sexual misconduct or abuse, enticement of a child, or sexual trafficking of a child, against a child under the age of 14, shall continue to be subject to lifetime supervision and electronic monitoring.

SECTION 489.042 - Computer Access for Probation/Parole Officers

This section authorizes the Board of Probation and Parole or the court to require a person who is required to register as a sexual offender to give his or her assigned probation or parole officer access to his or her personal home computer as a condition of probation or parole in order to prevent such offender from obtaining and keeping child pornography or committing an offender under Chapter 566, RSMo.

This section is similar to provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 556.061 - Definition of Dangerous Felony

This section redefines the term "dangerous felony" to include child kidnapping. It also includes any statutory rape in the first degree and statutory sodomy in the first degree, without restricting the crimes to those with a victim under the age of 12.

SECTION 566.010 - Criminal Code Definitions

This section modifies the definition of the term "deviate sexual intercourse".

This section is similar to provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 566.030 - Forcible Rape

Under this section, the authorized term of imprisonment for a person who commits forcible rape and the victim is less than 12 years of age, shall be life imprisonment with eligibility for parole after 25 years.

A person convicted of or pleading guilty to forcible rape or attempt to commit forcible rape shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.032 - Statutory Rape in the First Degree

Under this section, the authorized term of imprisonment for a person who commits statutory rape in the first degree and the victim is less than 12 years of age, shall be life imprisonment with eligibility for parole after 25 years.

A person convicted of or pleading guilty to statutory rape in the first degree shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.060 - Forcible Sodomy

Under this section, the authorized term of imprisonment for a person who commits forcible sodomy and the victim is less than 12 years of age, shall be life imprisonment with eligibility for parole after 25 years.

A person convicted of or pleading guilty to forcible sodomy or attempt to commit forcible sodomy shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.062 - Statutory Sodomy in the First Degree

Under this section, the authorized term of imprisonment for a person who commits statutory sodomy in the first degree and the victim is less than 12 years of age, shall be life imprisonment with eligibility for parole after 25 years.

A person convicted of or pleading guilty to statutory sodomy in the first degree shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.066 - Luring of a Child

This section creates the crime of unlawful luring of a child. A person commits this crime when he or she intentionally lures or attempts to lure a child under the age of 14 into a car or building without the consent of the parent or guardian for an unlawful purpose. Luring of a child is a Class C felony.

SECTION 566.067 - Child Molestation in the First Degree

This section prohibits a person convicted of or pleading guilty to child molestation from being granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.068 - Child Molestation in the Second Degree

This section redefines the crime of child molestation in the second degree. Under this act, a person over 21 years of age, rather than any person of any age, commits child molestation if he or she subjects another person who is less than seventeen years of age to sexual contact.

Under this act, the penalty for child molestation in the second degree is increased from a Class A misdemeanor to a Class D felony, unless the person has previously been convicted of a sexual offense, displays a weapon, inflicts serious injury, or commits the offense as part of a ritual, in which case, the crime is a Class C felony.

SECTION 566.069 - Child Molestation in the Third Degree

Under this act, a person commits the crime of child molestation in the third degree if, being under 21 years of age, he or she subjects another person who is less than 17 years of age to sexual contact. This crime is a Class A misdemeanor unless the actor has committed a prior sex offense or inflicts serious injury, displays a deadly weapon, or commits the offense as part of a ritual, in which case, the crime is a Class D felony.

SECTION 566.083 - Sexual Misconduct with a Child

This section makes any attempt to commit sexual misconduct with a child a Class D felony and specifies that the section may be violated by actions performed in person or via the Internet. It is not an affirmative defense that the other person whom the offense was committed against was a peace officer masquerading as a minor.

This section is similar to provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 566.090 - Sexual Misconduct in the First Degree

Under this section, a person can commit sexual misconduct in the first degree by knowingly exposing his or her genitals to another person without consent for the purpose of sexual gratification.

SECTION 566.151 - Enticement of a Child

This section removes the penalty for attempting to entice a child and increases the penalty for enticing a child from a Class C felony to a Class B felony, unless the person has committed certain other offenses, in which case, it is a Class A felony.

SECTION 566.212 - Sexual Trafficking of a Child

A person convicted of or pleading guilty to sexual trafficking a child shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 568.080 - Use of a Child in a Sexual Performance

This section prohibits a person convicted of or pleading guilty to using a child in a sexual performance from being granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 568.090 - Promoting the Sexual Performance of a Child

This section prohibits a person convicted of or pleading guilty to promoting a sexual performance by a child from being granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 573.010 - Child Pornography

This section modifies the definition of "child pornography" to include material or performance that shows a minor in a state of nudity, unless:

(1) It is disseminated, displayed, possessed, or brought to this state for a bona fide artistic, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing studies or research, librarian, clergyman, prosecutor, judge, or other person with proper interest; AND

(2) The parents or guardians consent in writing to the use of such material.

SECTIONS 589.400 & 589.414

These sections specify that registration requirements apply to sexual offenders establishing or changing residency, regardless of whether it is permanent or temporary.

SECTIONS 589.407 & 589.414 - Vehicle Information Requirement

In addition to personal information, fingerprints, and a photograph, these sections requires a sexual offender to provide a physical description of his or her vehicle when originally registering and update such information when he or she changes vehicle.

SECTION 589.408 - Notification Regarding Sexual Offenders

This section authorizes the chief law enforcement officer of the county, within 10 days of a sexual offender?s registration, to publish notice in the newspaper that such person intends to reside in the county.

Within 10 days of a sexual offender completing his or her registration, the chief law enforcement officer of the county shall have the authority to provide written notice to individuals living within one-mile of an offender?s primary residence of such person's intent to reside there, if the offense for which the person must register was committed against a victim less than 17 years of age or the offender is considered a "persistent sexual offender" or a "predatory sexual offender".

In addition, any probation or parole officer supervising such offender shall have the authority to provide written or verbal notification to such surrounding persons.

Within ten days of an offender completing his or her sexual offender registration, the chief law enforcement officer of the county shall have the authority to provide written notice to any public or private school located within the county of the sexual offender's intention to reside within the county, if the victim was a child less than 17 years of age at the time of the offense. Upon receiving notice, the administrator or superintendent shall release the information to appropriate school personnel.

SECTION 589.418 - Assisting a Sexual Offender

Under this section, any person who assists a sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question him or her about, or to arrest the offender for, his or her noncompliance with the registration requirements is guilty of a Class C felony.

SECTION 589.425 - Failure to Register

This act increases the penalty for failing to register as a sexual offender when required to do so by law.

Under this act, a person who is required to register and does not complete all the requirements of registration is guilty of a Class C felony unless the person failing to register was convicted of a sex crime which is an unclassified felony, a class A felony, a Class B felony, or any felony involving a child under the age of 14, in which case, it is a Class B felony.

A second or subsequent offense is a Class B felony unless the person failing to register was convicted of a sex crime which is an unclassified felony, a Class A felony, a Class B felony, or any felony involving a child under the age of 14, in which case, it is a Class A felony.

SUSAN HENDERSON MOORE