Modifies the age of consent

SECOND REGULAR SESSION
HOUSE BILL NO. 1723
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COSTLOW .
3936H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 566.034, 566.068, 566.071, and 589.400, RSMo, and to enact in lieu
thereof four new sections relating to the age of consent, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 566.034, 566.068, 566.071, and 589.400, RSMo, are repealed
2 and four new sections enacted in lieu thereof, to be known as sections 566.034, 566.068,
3 566.071, and 589.400, to read as follows:
566.034. 1. A person commits the of fense of statutory rape in the second degree if
2 being twenty-one years of age or older , he or she has sexual intercourse with another person
3 who is less than [ seventeen ] eighteen years of age.
4 2. The of fense of statutory rape in the second degree is a class D felony .
566.068. 1. A person commits the of fense of child molestation in the second degree
2 if he or she:
3 (1) Subjects a child who is less than twelve years of age to sexual contact; or
4 (2) Being more than [ four ] thr ee years older than a child who is less than [ seventeen ]
5 eighteen years of age, subjects the child to sexual contact and the of fense is an aggravated
6 sexual of fense.
7 2. The of fense of child molestation in the second degree is a class B felony .
566.071. 1. A person commits the of fense of child molestation in the fourth degree if,
2 being more than [ four ] thr ee years older than a child who is less than [ seventeen ] eighteen
3 years of age, the person subjects the child to sexual contact.
4 2. The of fense of child molestation in the fourth degree is a class E felony .
589.400. 1. Sections 589.400 to 589.425 shall apply to:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
2 (1) Any person who, since July 1, 1979, has been or is hereafter adjudicated for an
3 of fense referenced in section 589.414, unless such person is exempt from registering under
4 subsection 9 or 10 of this section or section 589.401;
5 (2) Any person who, since July 1, 1979, has been or is hereafter convicted of, been
6 found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or
7 conspiring to commit one or more of the following of fenses: kidnapping or kidnapping in the
8 first degree when the victim was a child and the defendant was not a parent or guardian of the
9 child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious
10 restraint or kidnapping in the second degree when the victim was a child and the defendant is
11 not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a
12 nursing home or sexual conduct with a nursing facility resident or vulnerable person in the
13 first or second degree; endangering the welfare of a child under section 568.045 when the
14 endangerment is sexual in nature; genital mutilation of a female child, under section 568.065;
15 promoting prostitution in the first degree; promoting prostitution in the second degree;
16 promoting prostitution in the third degree; sexual exploitation of a minor; promoting child
17 pornography in the first degree; promoting child pornography in the second degree;
18 possession of child pornography; furnishing pornographic material to minors; public display
19 of explicit sexual material; coercing acceptance of obscene material; promoting obscenity in
20 the first degree; promoting pornography for minors or obscenity in the second degree; incest;
21 use of a child in a sexual performance; or promoting sexual performance by a child;
22 patronizing prostitution if the individual the person patronizes is less than eighteen years of
23 age;
24 (3) Any person who, since July 1, 1979, has been committed to the department of
25 mental health as a criminal sexual psychopath;
26 (4) Any person who, since July 1, 1979, has been found not guilty as a result of
27 mental disease or defect of any of fense referenced in section 589.414;
28 (5) Any juvenile certified as an adult and transferred to a court of general jurisdiction
29 who has been adjudicated for an of fense listed under section 589.414;
30 (6) Any juvenile fourteen years of age or older at the time of the of fense who has
31 been adjudicated for an of fense which is equal to or more severe than aggravated sexual abuse
32 under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such
33 of fense;
34 (7) Any person who is a resident of this state who has, since July 1, 1979, been or is
35 hereafter adjudicated in any other state, territory , the District of Columbia, or foreign country ,
36 or under federal, tribal, or military jurisdiction for an of fense which, if committed in this state,
37 would constitute an of fense listed under section 589.414, or has been or is required to register
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38 in another state, territory , the District of Columbia, or foreign country , or has been or is
39 required to register under tribal, federal, or military law; or
40 (8) Any person who has been or is required to register in another state, territory , the
41 District of Columbia, or foreign country , or has been or is required to register under tribal,
42 federal, or military law and who works or attends an educational institution, whether public or
43 private in nature, including any secondary school, trade school, professional school, or
44 institution of higher education on a full-time or on a part-time basis or has a temporary
45 residence in Missouri. "Part-time" in this subdivision means for more than seven days in any
46 twelve-month period.
47 2. Any person to whom sections 589.400 to 589.425 apply shall, within three business
48 days of adjudication, release from incarceration, or placement upon probation, register with
49 the chief law enforcement of ficial of the county or city not within a county in which such
50 person resides unless such person has already registered in that county for the same offense.
51 For any juvenile under subdivision (6) of subsection 1 of this section, within three business
52 days of adjudication or release from commitment to the division of youth services, the
53 department of mental health, or other placement, such juvenile shall register with the chief
54 law enforcement official of the county or city not within a county in which he or she resides
55 unless he or she has already registered in such county or city not within a county for the same
56 of fense. Any person to whom sections 589.400 to 589.425 apply if not currently registered in
57 their county of residence shall register with the chief law enforcement of ficial of such county
58 or city not within a county within three business days. The chief law enforcement of ficial
59 shall forward a copy of the registration form required by section 589.407 to a city , town,
60 village, or campus law enforcement agency located within the county of the chief law
61 enforcement of ficial.
62 3. The registration requirements of sections 589.400 through 589.425 shall be as
63 provided under subsection 4 of this section unless:
64 (1) All offenses requiring registration are reversed, vacated, or set aside;
65 (2) The registrant is no longer required to register and his or her name shall be
66 removed from the registry under the provisions of section 589.414; or
67 (3) The court orders the removal or exemption of such person from the registry under
68 section 589.401.
69 4. The registration requirements shall be as follows:
70 (1) Fifteen years if the offender is a tier I sex of fender as provided under section
71 589.414;
72 (2) T wenty-five years if the of fender is a tier II sex of fender as provided under section
73 589.414; or
74 (3) The life of the of fender if the of fender is a tier III sex offender .
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75 5. (1) The registration period shall be reduced as described in subdivision (3) of this
76 subsection for a sex offender who maintains a clean record for the periods described under
77 subdivision (2) of this subsection by:
78 (a) Not being adjudicated of any of fense for which imprisonment for more than one
79 year may be imposed;
80 (b) Not being adjudicated of any sex of fense;
81 (c) Successfully completing any periods of supervised release, probation, or parole;
82 and
83 (d) Successfully completing an appropriate sex of fender treatment program certified
84 by the attorney general.
85 (2) In the case of a:
86 (a) T ier I sex of fender , the period during which the clean record shall be maintained is
87 ten years;
88 (b) T ier III sex of fender adjudicated delinquent for the of fense which required
89 registration in a sex of fender registry under sections 589.400 to 589.425, the period during
90 which the clean record shall be maintained is twenty-five years.
91 (3) In the case of a:
92 (a) T ier I sex of fender , the reduction is five years;
93 (b) T ier III sex of fender adjudicated delinquent, the reduction is from life to that
94 period for which the clean record under paragraph (b) of subdivision (2) of this subsection is
95 maintained.
96 6. For processing an initial sex of fender registration the chief law enforcement of ficer
97 of the county or city not within a county may char ge the offender registering a fee of up to ten
98 dollars.
99 7. For processing any change in registration required pursuant to section 589.414 the
100 chief law enforcement of ficial of the county or city not within a county may char ge the person
101 changing their registration a fee of five dollars for each change made after the initial
102 registration.
103 8. Any person currently on the sexual of fender registry or who otherwise would be
104 required to register for being adjudicated for the of fense of felonious restraint of a nonsexual
105 nature when the victim was a child and he or she was the parent or guardian of the child,
106 nonsexual child abuse that was committed under section 568.060, or kidnapping of a
107 nonsexual nature when the victim was a child and he or she was the parent or guardian of the
108 child shall be removed from the registry . However , such person shall remain on the sexual
109 of fender registry for any other of fense for which he or she is required to register under
110 sections 589.400 to 589.425.
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111 9. The following persons shall be exempt from registering as a sexual of fender upon
112 petition to the court of jurisdiction under section 589.401; except that, such person shall
113 remain on the sexual offender registry for any other offense for which he or she is required to
114 register under sections 589.400 to 589.425:
115 (1) Any person currently on the sexual of fender registry or who otherwise would be
116 required to register for a sexual of fense involving:
117 (a) Sexual conduct where no force or threat of force was directed toward the victim or
118 any other individual involved, if the victim was an adult, unless the adult was under the
119 custodial authority of the of fender at the time of the of fense; or
120 (b) Sexual conduct where no force or threat of force was directed toward the victim,
121 the victim was at least fourteen years of age, and the of fender was not more than [ four ] thr ee
122 years older than the victim at the time of the of fense; or
123 (2) Any person currently required to register for the following sexual of fenses:
124 (a) Promoting obscenity in the first degree under section 573.020;
125 (b) Promoting obscenity in the second degree under section 573.030;
126 (c) Furnishing pornographic materials to minors under section 573.040;
127 (d) Public display of explicit sexual material under section 573.060;
128 (e) Coercing acceptance of obscene material under section 573.065;
129 (f) T raff icking for the purpose of slavery , involuntary servitude, peonage, or forced
130 labor under section 566.206;
131 (g) Abusing an individual through forced labor under section 566.203;
132 (h) Contributing to human traff icking through the misuse of documentation under
133 section 566.215; or
134 (i) Acting as an international marriage broker and failing to provide the information
135 and notice as required under section 578.475.
136 10. Any person currently on the sexual of fender registry for having been adjudicated
137 for a tier I or II of fense or adjudicated delinquent for a tier III of fense or other comparable
138 of fenses listed under section 589.414 may file a petition under section 589.401.
139 1 1. Any nonresident worker , including work as a volunteer or intern, or nonresident
140 student shall register for the duration of such person's employment, including participation as
141 a volunteer or intern, or attendance at any school of higher education whether public or
142 private, including any secondary school, trade school, professional school, or institution of
143 higher education on a full-time or part-time basis in this state unless granted relief under
144 section 589.401. Any registered of fender shall provide information regarding any place in
145 which the offender is staying when away from his or her residence for seven or more days,
146 including the period of time the of fender is staying in such place. Any registered of fender
147 from another state who has a temporary residence in this state and resides more than seven
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148 days in a twelve-month period shall register for the duration of such person's temporary
149 residency unless granted relief under section 589.401.
✔
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