HB 2384 -- Crimes Against Children Younger than Twelve Years of
Age

Sponsor:  Stevenson

This bill changes the laws regarding crimes against children who
are younger than 12 years of age.  In its main provisions, the
bill:

(1)  Requires the state and the defendant to provide the counsel
of the opposing party at a reasonable time before any trial a
list of all aggravating or mitigating circumstances for forcible
rape of a child younger than 12 years of age or forcible sodomy
of a child younger than 12 years of age which they intend to
prove;

(2)  Allows a person charged with forcible rape or forcible
sodomy of a child younger than 12 years of age to waive a trial
by jury.  Any person who pleads guilty to or is found guilty by
the court of either crime may submit the issue of punishment to a
trial by jury;

(3)  Adds any person convicted of forcible rape or forcible
sodomy of a child younger than 12 years of age who received the
death penalty to those individuals who are required to serve a
life sentence without eligibility for probation, parole, or
release in the event the death penalty is found to be
unconstitutional;

(4)  Requires, with limited exceptions, the crimes of forcible
rape or forcible sodomy of a child younger than 12 years of age
to be tried separately unless the other charge is for the other
crime;

(5)  Specifies trial procedure requirements for the crimes of
forcible rape or forcible sodomy of a child younger than 12 years
of age;

(6)  Specifies aggravating and mitigating circumstances for the
crimes of forcible rape or forcible sodomy of a child younger
than 12 years of age; and

(7)  Specifies that any person who commits forcible rape or
forcible sodomy against a child younger than 12 years of age will
be guilty of a felony for which the punishment will be death or
life imprisonment without eligibility for probation, parole, or
release unless the offender is younger than 18 years of age at
the time of the commission of the crime in which case the
punishment will be life imprisonment without eligibility for
probation, parole, or release.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm