HB 2386 -- Sexual Offenses Involving a Child

Sponsor:  Sander

This bill changes the laws regarding sexual offenses involving a
child.  In its main provisions, the bill:

(1)  Requires the forfeiture of any computers, computer
equipment, computer hardware and software, cellular telephones,
or other devices capable of accessing the Internet used by the
owner or with the owner's consent as a means of committing
certain felonies or those used as an instrument to distribute or
store anything in which the possession of which is a state
offense.  A law enforcement agency upon court order is allowed to
retain possession and convert to law enforcement use these items
used in the acquisition, possession, or distribution of child
pornography or obscene material (Section 542.301, RSMo);

(2)  Allows a court to order a defendant upon a plea of guilty or
finding of guilt for a felony sexual offense in which these items
were seized to reimburse the state or local law enforcement
agency for the costs incurred in its examination of the items
seized in addition to any other penalties provided by law
(Section 566.015);

(3)  Adds to the crime of sexual misconduct involving a child the
act of knowingly coercing or inducing a female child younger than
15 years of age to expose her breasts for the purpose of arousing
or gratifying the sexual desire of any person.  The bill
specifies that sexual misconduct involving a child or attempted
sexual misconduct involving a child will be a class D felony
unless the actor was 21 years of age or older and was located
outside the state of Missouri at the time the offense was
committed, in which case it will be a class C felony (Section
566.083);

(4)  Increases, from 15 years to 17 years, the age of the child
as it relates to the crime of enticement of a child for the
purpose of engaging in sexual conduct by any person at least 21
years of age.  The bill specifies that enticement of a child or
an attempt to commit enticement of a child will be a felony for
which the term of imprisonment is between five years and 30 years
when the victim is younger than 15 years of age and will be a
class D felony when the victim is at least 15 years of age but
younger than 17 years of age.  Any person convicted of this crime
when the victim is younger than 15 years of age will not be
eligible for parole, probation, conditional release, or suspended
imposition or execution of sentence for at least five years
(Section 566.151); and

(5)  Changes the crime of age misrepresentation to be when a
person knowingly misrepresents his or her age to a person younger
than 17 years of age or to a police officer masquerading as a
person younger than 17 years of age in order to commit or attempt
to commit a felony sexual offense under Chapter 566 or an offense
against the family under Chapter 568 (Section 566.153).

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:13 pm