HCS HB 533 & 724 -- SEXUAL OFFENSES (Johnson, 90)

This substitute contains several provisions relating to sexual
offenses.  In its main provisions, the substitute:

(1)  Makes it a class B misdemeanor for an owner or employee of
a long-term care facility or of an in-home services provider
agency, to have sexual contact with a resident of the facility
or with a client in his or her care.  Second or subsequent
violations are class A misdemeanors.  In addition, sexual
intercourse or deviant sexual intercourse in these cases is a
class D felony and second or subsequent violations are class C
felonies.  An employee who is married to a resident or client
and engages in this activity with his or her spouse is exempt
from prosecution.  Consent of the victim is no defense to
prosecution of this crime;

(2)  Prohibits persons from engaging in sexual conduct with
animals, from causing other persons to engage in sexual conduct
with animals, and from permitting sexual conduct with animals on
premises under their charge or control.  A violation is a class
D felony, unless it occurs in the presence of a minor, in which
case it is a class C felony.  Additionally, courts may prohibit
defendants from residing in households where animals are
present, may remove animals from defendants' households at their
expense, and may order psychological counseling and evaluation
for defendants at their expense;

(3)  Creates the crime of sexual contact with a prison inmate.
Any employee or other person working in any correctional
facility who engages in sexual intercourse or deviate sexual
intercourse with any inmate or other resident of the facility is
guilty of this crime, a class D felony.  Consent of the victim
is no defense to prosecution of this crime; and

(4)  Ensures that the sexual offender registration law (Megan's
Law) requires initial registration of sexual offenders in their
county of residence, as well as subsequent registration in any
county to which an offender moves.  Current law only requires
registration within 10 days of coming into any county.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
Unknown less than $100,000 in FY 2002, FY 2003, and FY 2004.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am