Introduced

SB 869 - This act modifies laws against sexual offenders.

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 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 without eligibility for probation or parole until the person has served at least 25 years of his or her sentence or unless the person has reached the age of 75 years and has served at least 15 years of such sentence.

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 without eligibility for probation or parole until the person has served at least 25 years of his or her sentence or unless the person has reached the age of 75 years and has served at least 15 years of such sentence.

A person convicted of or pleading guilty to forcible rape 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 566.067 - 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 566.083 - 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 certain 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 566.212 - 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 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.

SUSAN HENDERSON MOORE


Return to Main Bill Page