SB 1245
Modifies provisions relating to children and vulnerable persons
Sponsor:
LR Number:
4466S.01I
Committee:
Last Action:
1/25/2024 - Second Read and Referred S Health and Welfare Committee
Journal Page:
Title:
Effective Date:
August 28, 2024

Current Bill Summary

SB 1245 - This act modifies provisions relating to children and vulnerable persons.

REFERENCES TO CERTAIN SEXUAL OFFENSES (Several sections)

This act repeals references to child pornography and offenses relating to child pornography and adds references to child sexual abuse material and offenses relating to child sexual abuse material. Additionally, this act provides that "child sexual abuse material" shall include any anatomically correct doll with features that resemble those of a minor intended to be used for the purpose of gratifying the sexual desire of any person or to cause emotional distress to a person.

This act also repeals references to sexual contact with a prisoner or offender and adds references to sexual conduct in the course of public duty.

STATEWIDE COUNCIL AGAINST TRAFFICKING (Section 210.1505)

This act repeals provisions relating to the "Statewide Council on Sex Trafficking and Sexual Exploitation of Children" within the Department of Social Services and creates the "Statewide Council Against Adult Trafficking and the Commercial Sexual Exploitation of Children" within the office of the Attorney General. The Council shall coordinate a statewide effort against the trafficking of adults and children within the state. The Attorney General shall service as chairperson of the Council and shall hold an initial meeting before October 27, 2024. Finally, this act creates the "Anti-Trafficking Fund" to provide funds for the position of the Executive Director of the Council, for education regarding human trafficking, and for anti-trafficking efforts.

ADMISSIBILITY OF EVIDENCE IN CRIMINAL CASES (Sections 491.075 & 492.304)

Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.

Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.

These provisions are identical to the perfected HCS/HB 454 (2023) and to provisions in the perfected HS/HCS/HBs 1108 & 1181 (2023).

ACTIONS FOR CHILDHOOD SEXUAL ABUSE (SECTION 537.046)

Currently, a civil action for recovery of damages suffered as a result of childhood sexual abuse shall be brought within ten years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later.

This act provides that a civil action for recovery of damages suffered as a result of childhood sexual abuse, child sex trafficking, or tortious conduct that caused the victim to be a victim of childhood sexual abuse or child sex trafficking shall be brought within 20 years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later.

Furthermore, this act modifies the offenses included in the definition of "childhood sexual abuse".

This act shall apply to any action commenced on or after August 28, 2024, but shall not apply to any action barred by the statute of limitation applicable prior to that date.

This provision is similar to SB 416 (2023) and HCS/HB 367 (2023).

SEXUAL OFFENSES (Sections 566.151 & 567.030)

Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.

Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 15 to 17 it shall be a Class E felony and if the person is less than 15 years old it shall be a Class B felony.

These provisions are identical to provisions in the perfected HS/HCS/HBs 1108 & 1181 (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022).

ATTORNEY GENERAL ASSISTANCE WITH CHILD TRAFFICKING CASES (Section 566.201)

This act provides that a prosecuting or circuit attorney may request assistance from the Attorney General to assist in the prosecution of child sex trafficking cases and may utilize any resource of the Attorney General to prosecute such cases.

OFFENSE OF SEXUAL TRAFFICKING OF A CHILD IN THE 2ND DEGREE (Section 566.211)

This act modifies the offense of sexual trafficking of a child in the second degree to provide that if the offense is committed by a parent, legal guardian, or other person having custody or control of the child, the punishment shall be a felony with life imprisonment.

RESTITUTION FOR SEXUAL TRAFFICKING OFFENSES (Section 566.218)

This act provides that any real or personal property used in the commission of a sexual trafficking offense may be seized and forfeited subject to the Criminal Activity Forfeiture Act. Any remaining proceeds from the sale of the property after satisfying any liens shall go to the victims of sexual trafficking.

MARY GRACE PRINGLE

Amendments

No Amendments Found.