LUETKENHAUS, HENDRICKSON, LOUDON, OSTMANN, ROBIRDS AND SUMMERS.
Read 1st time January 20, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
To repeal section 566.093, RSMo 1994, relating to sexual misconduct in the second degree, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.
Section A. Section 566.093, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 566.093, to read as follows:
566.093. 1. A person commits the crime of sexual misconduct in the second degree if [he] such person:
(1) Exposes [his] such person's genitals under circumstances in which [he] such person knows that [his] such conduct is likely to cause affront or alarm; or
(2) Has sexual contact in the presence of a third person or persons under circumstances in which [he] such person knows that such conduct is likely to cause affront or alarm.
2. Sexual misconduct in the second degree is a class B misdemeanor unless the actor has previously pled guilty to or
been convicted of an offense [under] pursuant to this chapter, in which case it is a class A misdemeanor, or unless the
actor has twice previously pled guilty to or been convicted pursuant to this section, in which case it is a class D