SECOND REGULAR SESSION
HOUSE BILL NO. 995
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DUSENBERG (Sponsor), MUNZLINGER, DAY, KRAUS,
SATER, DAVIS, WILSON (119), BIVINS, EMERY, SANDER, SUTHERLAND, FISHER, RUESTMAN,
BROWN (30), ERVIN AND McGHEE (Co-sponsors).
Pre-filed December 1, 2005 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
3147L.01I
AN ACT
To repeal sections 217.735, 558.018, 559.106, 566.030, 566.032, 566.034, 566.040, 566.060,
566.062, 566.064, 566.067, 566.068, 566.070, 566.090, 566.100, 568.045, 589.407,
589.414, and 589.425, RSMo, and to enact in lieu thereof twenty-one new sections
relating to sexual offenders, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 217.735, 558.018, 559.106, 566.030, 566.032, 566.034, 566.040,
566.060, 566.062, 566.064, 566.067, 566.068, 566.070, 566.090, 566.100, 568.045, 589.407,
589.414, and 589.425, RSMo, are repealed and twenty-one new sections enacted in lieu thereof,
to be known as sections 217.735, 558.018, 559.106, 566.030, 566.032, 566.034, 566.040,
566.060, 566.062, 566.064, 566.067, 566.068, 566.070, 566.090, 566.100, 568.045, 569.092,
575.157, 589.407, 589.414, and 589.425, to read as follows:
217.735. 1. Notwithstanding any other provision of law to the contrary, the board shall
supervise an offender for the duration of his or her natural life when the offender has pleaded
guilty to or been found guilty of:
(1) An offense under section 566.030, 566.032, 566.060, 566.062, 566.067, 566.083,
566.100, 566.151, 566.212, 568.020, 568.080, or 568.090, RSMo, based on an act committed
on or after August 28, 2005, against a victim who was less than fourteen years old and the
offender is a prior sex offender as defined in subsection 2 of this section; or
(2) Any offense which requires board supervision for the duration of the offender's
natural life based on an act committed on or after August 28, 2006.
2. For the purpose of this section, a prior sex offender is a person who has previously
pleaded guilty to or been found guilty of an offense contained in chapter 566, RSMo, or of
violating section 568.020, RSMo, when the offense involved the offender having sexual
intercourse or deviate sexual intercourse with the victim, or of violating subdivision (2) of
subsection 1 of section 568.045, RSMo.
3. Subsection 1 of this section applies to offenders who have been granted probation, and
to offenders who have been released on parole, conditional release, or upon serving their full
sentence without early release. Supervision of an offender who was released after serving his
or her full sentence will be considered as supervision on parole.
4. A mandatory condition of lifetime supervision of an offender under this section is that
the offender be electronically monitored. Electronic monitoring shall be based on a global
positioning system or other technology that identifies and records the offender's location at all
times.
5. In appropriate cases as determined by a risk assessment, the board may terminate the
supervision of an offender who is being supervised under this section when the offender is
sixty-five years of age or older.
6. In accordance with section 217.040, the board may adopt rules relating to supervision
and electronic monitoring of offenders under this section.
558.018. 1. The court shall sentence a person who has pleaded guilty to or has been
found guilty of the felony of forcible rape, statutory rape in the first degree, forcible sodomy,
statutory sodomy in the first degree or an attempt to commit any of the crimes designated in this
subsection to an extended term of imprisonment if it finds the defendant is a persistent sexual
offender.
2. A "persistent sexual offender" is one who has previously pleaded guilty to or has been
found guilty of the felony of forcible rape, rape, statutory rape in the first degree, forcible
sodomy, sodomy, statutory sodomy in the first degree or an attempt to commit any of the crimes
designated in this subsection.
3. The term of imprisonment for one found to be a persistent sexual offender shall be not
less than thirty years, which term shall be served without probation or parole.
4. The court shall sentence a person who has pleaded guilty to or has been found guilty
of the felony of forcible rape, statutory rape in the first degree, forcible sodomy, statutory
sodomy in the first degree, or an attempt to commit any of the preceding crimes or child
molestation in the first degree when classified as a class B felony or sexual abuse when classified
as a class B felony to an extended term of imprisonment as provided for in this section if it finds
the defendant is a predatory sexual offender.
5. For purposes of this section, a "predatory sexual offender" is a person who:
(1) Has previously pleaded guilty to or has been found guilty of the felony of forcible
rape, rape, statutory rape in the first degree, forcible sodomy, sodomy, statutory sodomy in the
first degree, or an attempt to commit any of the preceding crimes or child molestation in the first
degree when classified as a class B felony or sexual abuse when classified as a class B felony;
or
(2) Has previously committed an act which would constitute an offense listed in
subsection 4 of this section, whether or not the act resulted in a conviction; or
(3) Has committed an act or acts against more than one victim which would constitute
an offense or offenses listed in subsection 4 of this section, whether or not the defendant was
charged with an additional offense or offenses as a result of such act or acts.
6. A person found to be a predatory sexual offender shall be imprisoned for life with
eligibility for parole, however subsection 4 of section 558.019 shall not apply to persons found
to be predatory sexual offenders for the purposes of determining the minimum prison term or the
length of sentence as defined or used in such subsection. Notwithstanding any other provision
of law, in no event shall a person found to be a predatory sexual offender receive a final
discharge from parole.
7. Notwithstanding any other provision of law, the court shall set the minimum time
required to be served before a predatory sexual offender is eligible for parole, conditional release
or other early release by the department of corrections. The minimum time to be served by a
person found to be a predatory sexual offender who:
(1) Has previously pleaded guilty to or has been found guilty of the felony of forcible
rape, rape, statutory rape in the first degree, forcible sodomy, sodomy, statutory sodomy in the
first degree, or an attempt to commit any of the preceding crimes and pleads guilty to or is found
guilty of the felony of forcible rape, statutory rape in the first degree, forcible sodomy, statutory
sodomy in the first degree or an attempt to commit any of the preceding crimes shall be any
number of years but not less than thirty years;
(2) Has previously pleaded guilty to or has been found guilty of child molestation in the
first degree when classified as a class B felony or sexual abuse when classified as a class B
felony and pleads guilty to or is found guilty of attempting to commit or committing forcible
rape, statutory rape in the first degree, forcible sodomy or statutory sodomy in the first degree
shall be any number of years but not less than fifteen years;
(3) Has previously pleaded guilty to or has been found guilty of the felony of forcible
rape, rape, statutory rape in the first degree, forcible sodomy, sodomy, statutory sodomy in the
first degree, or an attempt to commit any of the preceding crimes and pleads guilty to or is found
guilty of child molestation in the first degree when classified as a class B felony or sexual abuse
when classified as a class B felony shall be any number of years but not less than fifteen years;
(4) Has previously pleaded guilty to or has been found guilty of child molestation in the
first degree when classified as a class B felony or sexual abuse when classified as a class B
felony, and pleads guilty to or is found guilty of child molestation in the first degree when
classified as a class B felony or sexual abuse when classified as a class B felony shall be any
number of years but not less than fifteen years;
(5) Is found to be a predatory sexual offender pursuant to subdivision (2) or (3) of
subsection 5 of this section shall be any number of years within the range to which the person
could have been sentenced pursuant to the applicable law if the person was not found to be a
predatory sexual offender.
8. Notwithstanding any provision of law to the contrary, the department of corrections,
or any division thereof, may not furlough an individual found to be and sentenced as a persistent
sexual offender or a predatory sexual offender.
9. Nothing in this section shall prevent a court from imposing a greater sentence
of incarceration or if it is permitted or required as punishment for the specific crime or
crimes with which the defendant is charged.
559.106. 1. Notwithstanding any statutory provision to the contrary, when a court grants
probation to an offender who has pleaded guilty to or has been found guilty of:
(1) An offense in section 566.030, 566.032, 566.060, 566.062, 566.067, 566.083,
566.100, 566.151, 566.212, 568.020, 568.080, or 568.090, RSMo, based on an act committed
on or after August 28, 2005, against a victim who was less than fourteen years old and the
offender is a prior sex offender as defined in subsection 2 of this section[,]; or
(2) Any offense which requires board supervision for the duration of the offender's
natural life based on an act committed on or after August 28, 2006;
the court shall order that the offender be supervised by the board of probation and parole for the
duration of his or her natural life.
2. For the purpose of this section, a prior sex offender is a person who has previously
pleaded guilty to or has been found guilty of an offense contained in chapter 566, RSMo, or of
violating section 568.020, RSMo, when the offense involved the offender having sexual
intercourse or deviate sexual intercourse with the victim, or of violating subdivision (2) of
subsection 1 of section 568.045, RSMo.
3. When probation for the duration of the offender's natural life has been ordered, a
mandatory condition of such probation is that the offender be electronically monitored.
Electronic monitoring shall be based on a global positioning system or other technology that
identifies and records the offender's location at all times.
4. In appropriate cases as determined by a risk assessment, the court may terminate the
probation of an offender who is being supervised under this section when the offender is
sixty-five years of age or older.
566.030. 1. A person commits the crime of forcible rape if such person has sexual
intercourse with another person by the use of forcible compulsion. Forcible compulsion includes
the use of a substance administered without a victim's knowledge or consent which renders the
victim physically or mentally impaired so as to be incapable of making an informed consent to
sexual intercourse.
2. Except as provided in subsection 3 of this section forcible rape or an attempt to
commit forcible rape is a felony for which the authorized term of imprisonment is life
imprisonment or a term of years not less than five years, unless in the course thereof the [actor]
offender inflicts serious physical injury or displays a deadly weapon or dangerous instrument
in a threatening manner or subjects the victim to sexual intercourse or deviate sexual intercourse
with more than one person, in which case the authorized term of imprisonment is life
imprisonment or a term of years not less than ten years.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then forcible rape or an attempt
to commit forcible rape is a felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation, parole, or release except by act of the
governor or a term of years not less than twenty-five years without eligibility for probation,
parole, or release except by act of the governor and not to exceed fifty years without
eligibility for probation, parole, or release except by act of the governor, and followed by
supervision by the board of probation and parole for the duration of the offender's natural
life as provided in section 217.735, RSMo, and section 559.106, RSMo. For a second or
subsequent offense, forcible rape or an attempt to commit forcible rape is a felony for
which the authorized term of imprisonment is life imprisonment without eligibility for
probation, parole, or release except by act of the governor.
566.032. 1. A person commits the crime of statutory rape in the first degree if [he] such
person has sexual intercourse with another person who is less than fourteen years old.
2. Except as provided in subsection 3 of this section statutory rape in the first degree
is a felony for which the authorized term of imprisonment is life imprisonment or a term of years
not less than five years, unless in the course thereof the [actor] offender inflicts serious physical
injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner,
or subjects the victim to sexual intercourse or deviate sexual intercourse with more than one
person[, or the victim is less than twelve years of age] in which case the authorized term of
imprisonment is life imprisonment or a term of years not less than ten years.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then statutory rape in the first
degree, for a first offense, is a felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation, parole, or release except by act of the
governor or a term of years not less than twenty-five years without eligibility for probation,
parole, or release except by act of the governor and not to exceed fifty years without
eligibility for probation, parole, or release except by act of the governor, and followed by
supervision by the board of probation and parole for the duration of the offender's natural
life as provided in section 217.735, RSMo, and section 559.106, RSMo. For a second or
subsequent offense, statutory rape in the first degree is a felony for which the authorized
term of imprisonment is life imprisonment without eligibility for probation, parole, or
release except by act of the governor.
566.034. 1. A person commits the crime of statutory rape in the second degree if [being]
at the time the offense is committed such person is twenty-one years of age or older[, he] and
such person has sexual intercourse with another person who at the time the offense is
committed is at least twelve years of age but less than seventeen years of age.
2. Statutory rape in the second degree is a class C felony.
566.040. 1. A person commits the crime of sexual assault if [he] such person has sexual
intercourse with another person knowing that he or she does so without that person's consent.
2. Except as provided in subsection 3 of this section sexual assault is a class C felony.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then sexual assault, for a first
offense, is a felony for which the authorized term of imprisonment is life imprisonment
without eligibility for probation, parole, or release except by act of the governor or a term
of years not less than twenty-five years without eligibility for probation, parole, or release
except by act of the governor and not to exceed fifty years without eligibility for probation,
parole, or release except by act of the governor, and followed by supervision by the board
of probation and parole for the duration of the offender's natural life as provided in
section 217.735, RSMo, and section 559.106, RSMo. For a second or subsequent offense
sexual assault is a felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation, parole, or release except by act of the
governor.
566.060. 1. A person commits the crime of forcible sodomy if such person has deviate
sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion
includes the use of a substance administered without a victim's knowledge or consent which
renders the victim physically or mentally impaired so as to be incapable of making an informed
consent to sexual intercourse.
2. Except as provided in subsection 3 of this section
forcible sodomy or an attempt to commit forcible sodomy is a felony for which the authorized
term of imprisonment is life imprisonment or a term of years not less than five years, unless in
the course thereof the [actor] offender inflicts serious physical injury or displays a deadly
weapon or dangerous instrument in a threatening manner or subjects the victim to sexual
intercourse or deviate sexual intercourse with more than one person, in which case the authorized
term of imprisonment is life imprisonment or a term of years not less than ten years.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then forcible sodomy or an
attempt to commit forcible sodomy is a felony for which the authorized term of
imprisonment is life imprisonment without eligibility for probation, parole, or release
except by act of the governor or a term of years not less than twenty-five years without
eligibility for probation, parole, or release except by act of the governor and not to exceed
fifty years without eligibility for probation, parole, or release except by act of the governor,
and followed by supervision by the board of probation and parole for the duration of the
offender's natural life as provided in section 217.735, RSMo, and section 559.106, RSMo.
For a second or subsequent offense, forcible sodomy or an attempt to commit forcible
sodomy is a felony for which the authorized term of imprisonment is life imprisonment
without eligibility for probation, parole, or release except by act of the governor.
566.062. 1. A person commits the crime of statutory sodomy in the first degree if [he]
such person has deviate sexual intercourse with another person who is less than fourteen years
old.
2. Except as provided in subsection 3 of this section statutory sodomy in the first
degree is a felony for which the authorized term of imprisonment is life imprisonment or a term
of years not less than five years, unless in the course thereof the [actor] offender inflicts serious
physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening
manner, or subjects the victim to sexual intercourse or deviate sexual intercourse with more than
one person[, or the victim is less than twelve years of age,] in which case the authorized term of
imprisonment is life imprisonment or a term of years not less than ten years.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then statutory sodomy in the first
degree, for a first offense, is a felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation, parole, or release except by act of the
governor or a term of years not less than twenty-five years without eligibility for probation,
parole, or release except by act of the governor and not to exceed fifty years without
eligibility for probation, parole, or release except by act of the governor, and followed by
supervision by the board of probation and parole for the duration of the offender's natural
life as provided in section 217.735, RSMo, and section 559.106, RSMo. For a second or
subsequent offense, statutory sodomy in the first degree is a felony for which the
authorized term of imprisonment is life imprisonment without eligibility for probation,
parole, or release except by act of the governor.
566.064. 1. A person commits the crime of statutory sodomy in the second degree if
[being] at the time the offense is committed such person is twenty-one years of age or older[,
he] and such person has deviate sexual intercourse with another person who at the time the
offense is committed is at least twelve years of age but less than seventeen years of age.
2. Statutory sodomy in the second degree is a class C felony.
566.067. 1. A person commits the crime of child molestation in the first degree if [he
or she] such person subjects another person who is less than fourteen years of age to sexual
contact.
2. Except as provided in subsection 3 of this section child molestation in the first
degree is a class B felony unless the [actor] offender has previously been convicted of an offense
under this chapter or in the course thereof the [actor] offender inflicts serious physical injury,
displays a deadly weapon or deadly instrument in a threatening manner, or the offense is
committed as part of a ritual or ceremony, in which case the crime is a class A felony.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then child molestation in the first
degree, for a first offense, is a felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation, parole, or release except by act of the
governor or a term of years not less than twenty-five years without eligibility for probation,
parole, or release except by act of the governor and not to exceed fifty years without
eligibility for probation, parole, or release except by act of the governor, and followed by
supervision by the board of probation and parole for the duration of the offender's natural
life as provided in section 217.735, RSMo, and section 559.106, RSMo. For a second or
subsequent offense child molestation in the first degree is a felony for which the authorized
term of imprisonment is life imprisonment without eligibility for probation, parole, or
release except by act of the governor.
566.068. 1. A person commits the crime of child molestation in the second degree if [he
or she] such person subjects another person who [is], at the time the offense was committed
was at least twelve years of age but less than seventeen years of age, to sexual contact.
2. Child molestation in the second degree is a class A misdemeanor unless the actor has
previously been convicted of an offense under this chapter or in the course thereof the actor
inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument
in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which
case the crime is a class D felony.
566.070. 1. A person commits the crime of deviate sexual assault if [he] such person
has deviate sexual intercourse with another person knowing that he or she does so without that
person's consent.
2. Except as provided in subsection 3 of this section deviate sexual assault is a class
C felony.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then deviate sexual assault, for a
first offense, is a felony for which the authorized term of imprisonment is life imprisonment
without eligibility for probation, parole, or release except by act of the governor or a term
of years not less than twenty-five years without eligibility for probation, parole, or release
except by act of the governor and not to exceed fifty years without eligibility for probation,
parole, or release except by act of the governor, and followed by supervision by the board
of probation and parole for the duration of the offender's natural life as provided in
section 217.735, RSMo, and section 559.106, RSMo. For a second or subsequent offense
deviate sexual assault is a felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation, parole, or release except by act of the
governor.
566.090. 1. A person commits the crime of sexual misconduct in the first degree if [he]
such person has deviate sexual intercourse with another person of the same sex or he purposely
subjects another person to sexual contact without that person's consent.
2. Except as provided in subsection 3 of this section sexual misconduct in the first
degree is a class A misdemeanor unless the [actor] offender has previously been convicted of
an offense under this chapter or unless in the course thereof the [actor] offender displays a
deadly weapon in a threatening manner or the offense is committed as a part of a ritual or
ceremony, in which case it is a class D felony.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then sexual misconduct in the first
degree, for a first offense, is a felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation, parole, or release except by act of the
governor or a term of years not less than twenty-five years without eligibility for probation,
parole, or release except by act of the governor and not to exceed fifty years without
eligibility for probation, parole, or release except by act of the governor, and followed by
supervision by the board of probation and parole for the duration of the offender's natural
life as provided in section 217.735, RSMo, and section 559.106, RSMo. For a second or
subsequent offense sexual misconduct in the first degree is a felony for which the
authorized term of imprisonment is life imprisonment without eligibility for probation,
parole, or release except by act of the governor.
566.100. 1. A person commits the crime of sexual abuse if [he] such person subjects
another person to sexual contact by the use of forcible compulsion.
2. Except as provided in subsection 3 of this section sexual abuse is a class C felony
unless in the course thereof the [actor] offender inflicts serious physical injury or displays a
deadly weapon or dangerous instrument in a threatening manner or subjects the victim to sexual
contact with more than one person or the victim is at least twelve years of age but less than
fourteen years of age, in which case the crime is a class B felony.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age then sexual abuse, for a first
offense, is a felony for which the authorized term of imprisonment is life imprisonment
without eligibility for probation, parole, or release except by act of the governor or a term
of years not less than twenty-five years without eligibility for probation, parole, or release
except by act of the governor and not to exceed fifty years without eligibility for probation,
parole, or release except by act of the governor, and followed by supervision by the board
of probation and parole for the duration of the offender's natural life as provided in
section 217.735, RSMo, and section 559.106, RSMo. For a second or subsequent offense
sexual abuse is a felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation, parole, or release except by act of the
governor.
568.045. 1. A person commits the crime of endangering the welfare of a child in the first
degree if:
(1) The person knowingly acts in a manner that creates a substantial risk to the life, body,
or health of a child less than seventeen years old; or
(2) The person knowingly engages in sexual conduct with a person under the age of
seventeen years over whom the person is a parent, guardian, or otherwise charged with the care
and custody;
(3) The person knowingly encourages, aids or causes a child less than seventeen years
of age to engage in any conduct which violates the provisions of chapter 195, RSMo;
(4) Such person enlists the aid, either through payment or coercion, of a person less than
seventeen years of age to unlawfully manufacture, compound, produce, prepare, sell, transport,
test or analyze amphetamine or methamphetamine or any of their analogues, or to obtain any
material used to manufacture, compound, produce, prepare, test or analyze amphetamine or
methamphetamine or any of their analogues; or
(5) Such person, in the presence of a person less than seventeen years of age or in a
residence where a person less than seventeen years of age resides, unlawfully manufactures, or
attempts to manufacture compounds, produces, prepares, sells, transports, tests or analyzes
amphetamine or methamphetamine or any of their analogues.
2. Except as provided in subsection 3 of this section endangering the welfare of a child
in the first degree is a class C felony unless the offense is committed as part of a ritual or
ceremony, or except on a second or subsequent offense, in which case the crime is a class B
felony.
3. If at the time the offense was committed the offender was eighteen years of age
or older and the victim was less than twelve years of age and the offense was committed
under subdivision (2) of subsection 1 of this section, then endangering the welfare of a child
in the first degree, for a first offense, is a felony for which the authorized term of
imprisonment is life imprisonment without eligibility for probation, parole, or release
except by act of the governor or a term of years not less than twenty-five years without
eligibility for probation, parole, or release except by act of the governor and not to exceed
fifty years without eligibility for probation, parole, or release except by act of the governor,
and followed by supervision by the board of probation and parole for the duration of the
offender's natural life as provided in section 217.735, RSMo, and section 559.106, RSMo.
For a second or subsequent offense endangering the welfare of a child in the first degree
is a felony for which the authorized term of imprisonment is life imprisonment without
eligibility for probation, parole, or release except by act of the governor.
569.092. 1. A person commits the crime of tampering with electronic monitoring
equipment if such person alters, tampers with, damages, or destroys any electronic
monitoring equipment that is being used by the board of probation and parole, the court,
or any law enforcement agency or juvenile office to monitor a convicted offender or
adjudicated juvenile offender, unless such person is the owner of the equipment, or an
agent of the owner, performing ordinary maintenance and repairs.
2. Tampering with electronic monitoring equipment is a class C felony.
575.157. 1. A person commits the crime of aiding a sexual offender if such person
knows or reasonably should have known that another person is a convicted sexual offender
who is required to register as a sexual offender and has reason to believe that such sexual
offender is not complying, or has not complied with the requirements of sections 589.400
to 589.425, RSMo, and who, with the intent to assist the sexual offender in eluding a law
enforcement agency that is seeking to find the sexual offender to question the offender
about, or to arrest the offender for, his or her noncompliance with the requirements of
sections 589.400 to 589.425, RSMo:
(1) Withholds information from or does not notify the law enforcement agency
about the sexual offender's noncompliance with the requirements of sections 589.400 to
589.425, RSMo, and if known the whereabouts of the sexual offender;
(2) Harbors or attempts to harbor or assists another person in harboring or
attempting to conceal the sexual offender;
(3) Conceals or attempts to conceal or assists another person in concealing or
attempting to conceal the sexual offender; or
(4) Provides information to the law enforcement agency regarding the sexual
offender which the person knows to be false information.
2. Aiding a sexual offender is a class D felony.
3. The provisions of this section do not apply if the sexual offender is incarcerated
in or is in the custody of a state correctional facility, a private correctional facility, a local
jail, or a federal correctional facility.
589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of
completion of an offender registration form developed by the Missouri state highway patrol.
Such form shall include, but is not limited to the following:
(1) A statement in writing signed by the person, giving the name, age, race, sex, date
of birth, height, weight, hair and eye color, address of any permanent residence and address
of any current temporary residence within the state or out of state, including a rural route
address and post office box, Social Security number and phone number of the person, vehicle
make, model, color, and license tag number of any vehicle owned or driven by such person,
the date and place of employment of such person, enrollment within any institutions of higher
education, the crime which requires registration, whether the person was sentenced as a
persistent or predatory offender pursuant to section 558.018, RSMo, the date, place, and a brief
description of such crime, the date and place of the conviction or plea regarding such crime, the
age and gender of the victim at the time of the offense and whether the person successfully
completed the Missouri sexual offender program pursuant to section 589.040, if applicable; and
(2) The fingerprints and a photograph of the person.
2. A post office box shall not be provided in lieu of a physical residential address.
3. If the person is enrolled, employed, or carrying on a vocation at an institution
of higher education in this state, such person shall also include on the form the name,
address, and county of each institution, including each campus attended and such person's
enrollment or employment status.
4. If the person's place of residence is a motor vehicle, trailer, mobile home, or
manufactured home, such person shall also provide the vehicle identification number, the
license tag number, the registration number, and a description, including color scheme, of
the motor vehicle, trailer, mobile home, or manufactured home.
5. If the person's place of residence is a vessel, live-aboard vessel, or houseboat, the
person shall also provide the hull identification number, the manufacturer's serial number,
the name of the vessel, live-aboard vessel, or houseboat, the registration number and a
description, including color scheme of the vessel, live-aboard vessel, or houseboat.
589.414. 1. If any person required by sections 589.400 to 589.425 to register changes
residence or address within the same county as such person's previous address, the person shall
inform the chief law enforcement official in writing within ten days of such new address and
phone number, if the phone number is also changed.
2. If any person required by sections 589.400 to 589.425 to register changes such
person's residence or address to a different county, the person shall appear in person and shall
inform both the chief law enforcement official with whom the person last registered and the chief
law enforcement official of the county having jurisdiction over the new residence or address in
writing within ten days of such new address and phone number, if the phone number is also
changed. If any person required by sections 589.400 to 589.425 to register changes their state
of residence, the person shall appear in person and shall inform both the chief law enforcement
official with whom the person was last registered and the chief law enforcement official of the
area in the new state having jurisdiction over the new residence or address within ten days of
such new address. Whenever a registrant changes residence, the chief law enforcement official
of the county where the person was previously registered shall promptly inform the Missouri
state highway patrol of the change. When the registrant is changing the residence to a new state,
the Missouri state highway patrol shall promptly inform the responsible official in the new state
of residence.
3. Any person required by sections 589.400 to 589.425 to register who changes his or
her enrollment or employment status with any institution of higher education within this state,
by either beginning or ending such enrollment or employment, shall inform the chief law
enforcement officer of such change within seven days after such change is made.
4. Any person required by sections 589.400 to 589.425 to register who officially changes
such person's name shall inform the chief law enforcement officer of such name change within
seven days after such change is made.
5. In addition to the requirements of subsections 1 and 2 of this section, the following
offenders shall report in person to the county law enforcement agency every ninety days to verify
the information contained in their statement made pursuant to section 589.407:
(1) Any offender registered as a predatory or persistent sexual offender under the
definitions found in section 558.018, RSMo;
(2) Any offender who is registered for a crime where the victim was less than eighteen
years of age at the time of the offense; and
(3) Any offender who has pled guilty or been found guilty pursuant to section 589.425
of failing to register or submitting false information when registering.
6. In addition to the requirements of subsections 1 and 2 of this section, all registrants
shall report annually in person in the month of their birth to the county law enforcement agency
to verify the information contained in their statement made pursuant to section 589.407.
7. In addition to the requirements of subsections 1 and 2 of this section, all Missouri
registrants who work or attend school or training on a full-time or part-time basis in any other
state shall be required to report in person to the chief law enforcement officer in the area of the
state where they work or attend school or training and register in that state. "Part-time" in this
subsection means for more than fourteen days in any twelve-month period.
8. Any updates or changes in information submitted by registrants required to
report under subsections 5 and 6 of this section to the county law enforcement agency shall
be forwarded to the Missouri state highway patrol by the chief law enforcement official,
within three days. The patrol shall enter the changes in information into the Missouri
uniform law enforcement system (MULES) where it is available to members of the criminal
justice system, and other entities as provided by law, upon inquiry.
589.425. 1. Any person who is required to register pursuant to sections 589.400 to
589.425 and does not meet all requirements of sections 589.400 to 589.425 is guilty of a class
[A misdemeanor] D felony, unless the person has been convicted pursuant to chapter 566 of an
unclassified felony, class A felony, class B felony, or any felony involving a child under the age
of fourteen, in which case the person is guilty of a class [D] C felony.
2. Any person who commits a second or subsequent violation of subsection 1 of this
section is guilty of a class [D] C felony, unless the person has been convicted pursuant to chapter
566 of an unclassified felony, class A felony, class B felony, or any felony involving a child
under the age of fourteen, in which case the person is guilty of a class [C] B felony.
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