Modifies provisions relating to the sexual offender registry

SECOND REGULAR SESSION
HOUSE BILL NO. 231 1
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COSTLOW .
5693H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 566.034, 566.068, 566.071, 589.400, 589.401, 589.403, 589.410, and
589.414, RSMo, and to enact in lieu thereof eight new sections relating to the sexual
of fender registry , 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, 589.400, 589.401, 589.403, 589.410,
2 and 589.414, RSMo, are repealed and eight new sections enacted in lieu thereof, to be known
3 as sections 566.034, 566.068, 566.071, 589.400, 589.401, 589.403, 589.410, and 589.414, to
4 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.
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.
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:
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 ] ordered by a court of competent jurisdiction to be
5 r emoved fro m the regi stry under section 589.401;
6 (2) Any person who, since July 1, 1979, has been or is hereafter convicted of, been
7 found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or
8 conspiring to commit one or more of the following of fenses: kidnapping or kidnapping in the
9 first degree when the victim was a child and the defendant was not a parent or guardian of the
10 child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious
11 restraint or kidnapping in the second degree when the victim was a child and the defendant is
12 not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a
13 nursing home or sexual conduct with a nursing facility resident or vulnerable person in the
14 first or second degree; endangering the welfare of a child under section 568.045 when the
15 endangerment is sexual in nature; genital mutilation of a female child, under section 568.065;
16 promoting prostitution in the first degree; promoting prostitution in the second degree;
17 promoting prostitution in the third degree; sexual exploitation of a minor; promoting child
18 pornography in the first degree; promoting child pornography in the second degree;
19 possession of child pornography; furnishing pornographic material to minors; public display
20 of explicit sexual material; coercing acceptance of obscene material; promoting obscenity in
21 the first degree; promoting pornography for minors or obscenity in the second degree; incest;
22 use of a child in a sexual performance; or promoting sexual performance by a child;
23 patronizing prostitution if the individual the person patronizes is less than eighteen years of
24 age;
25 (3) Any person who, since July 1, 1979, has been committed to the department of
26 mental health as a criminal sexual psychopath;
27 (4) Any person who, since July 1, 1979, has been found not guilty as a result of
28 mental disease or defect of any of fense referenced in section 589.414;
29 (5) Any juvenile certified as an adult and transferred to a court of general jurisdiction
30 who has been adjudicated for an of fense listed under section 589.414;
31 (6) Any juvenile fourteen years of age or older at the time of the of fense who has
32 been adjudicated for an of fense which is equal to or more severe than aggravated sexual abuse
33 under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such
34 of fense;
35 (7) Any person who is a resident of this state who has, since July 1, 1979, been or is
36 hereafter adjudicated in any other state, territory , the District of Columbia, or foreign country ,
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37 or under federal, tribal, or military jurisdiction for an of fense which, if committed in this state,
38 would constitute an of fense listed under section 589.414, or has been or is required to register
39 in another state, territory , the District of Columbia, or foreign country , or has been or is
40 required to register under tribal, federal, or military law; or
41 (8) Any person who has been or is required to register in another state, territory , the
42 District of Columbia, or foreign country , or has been or is required to register under tribal,
43 federal, or military law and who works or attends an educational institution, whether public or
44 private in nature, including any secondary school, trade school, professional school, or
45 institution of higher education on a full-time or on a part-time basis or has a temporary
46 residence in Missouri. "Part-time" in this subdivision means for more than seven days in any
47 twelve-month period.
48 2. Any person to whom sections 589.400 to 589.425 apply shall, within three business
49 days of adjudication, release from incarceration, or placement upon probation, register with
50 the chief law enforcement of ficial of the county or city not within a county in which such
51 person resides unless such person has already registered in that county for the same offense.
52 For any juvenile under subdivision (6) of subsection 1 of this section, within three business
53 days of adjudication or release from commitment to the division of youth services, the
54 department of mental health, or other placement, such juvenile shall register with the chief
55 law enforcement official of the county or city not within a county in which he or she resides
56 unless he or she has already registered in such county or city not within a county for the same
57 of fense. Any person to whom sections 589.400 to 589.425 apply if not currently registered in
58 their county of residence shall register with the chief law enforcement of ficial of such county
59 or city not within a county within three business days. The chief law enforcement of ficial
60 shall forward a copy of the registration form required by section 589.407 to a city , town,
61 village, or campus law enforcement agency located within the county of the chief law
62 enforcement of ficial.
63 3. The registration requirements of sections 589.400 through 589.425 shall be as
64 provided under subsection 4 of this section unless[ :
65 (1) All offenses requiring registration are reversed, vacated, or set aside;
66 (2) The registrant is no longer required to register and his or her name shall be
67 removed from the registry under the provisions of section 589.414; or
68 (3) The ] a court of competent jurisdiction orders the removal [ or exemption ] of such
69 person from the registry under section 589.401.
70 4. The registration requirements shall be as follows:
71 (1) Fifteen years if the offender is a tier I sex of fender as provided under section
72 589.414;
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73 (2) T wenty-five years if the of fender is a tier II sex of fender as provided under section
74 589.414; or
75 (3) The life of the of fender if the of fender is a tier III sex offender .
76 5. (1) The registration period shall be reduced as described in subdivision (3) of this
77 subsection for a sex offender who maintains a clean record for the periods described under
78 subdivision (2) of this subsection by:
79 (a) Not being adjudicated of any of fense for which imprisonment for more than one
80 year may be imposed;
81 (b) Not being adjudicated of any sex of fense;
82 (c) Successfully completing any periods of supervised release, probation, or parole;
83 and
84 (d) Successfully completing an appropriate sex of fender treatment program certified
85 by the attorney general.
86 (2) In the case of a:
87 (a) T ier I sex of fender , the period during which the clean record shall be maintained is
88 ten years;
89 (b) T ier III sex of fender adjudicated delinquent for the of fense which required
90 registration in a sex of fender registry under sections 589.400 to 589.425, the period during
91 which the clean record shall be maintained is twenty-five years.
92 (3) In the case of a:
93 (a) T ier I sex of fender , the reduction is five years;
94 (b) T ier III sex of fender adjudicated delinquent, the reduction is from life to that
95 period for which the clean record under paragraph (b) of subdivision (2) of this subsection is
96 maintained.
97 6. For processing an initial sex of fender registration the chief law enforcement of ficer
98 of the county or city not within a county may char ge the offender registering a fee of up to ten
99 dollars.
100 7. For processing any change in registration required pursuant to section 589.414 the
101 chief law enforcement of ficial of the county or city not within a county may char ge the person
102 changing their registration a fee of five dollars for each change made after the initial
103 registration.
104 8. [ Any person currently on the sexual of fender registry or who otherwise would be
105 required to register for being adjudicated for the of fense of felonious restraint of a nonsexual
106 nature when the victim was a child and he or she was the parent or guardian of the child,
107 nonsexual child abuse that was committed under section 568.060, or kidnapping of a
108 nonsexual nature when the victim was a child and he or she was the parent or guardian of the
109 child shall be removed from the registry . However , such person shall remain on the sexual
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110 of fender registry for any other of fense for which he or she is required to register under
111 sections 589.400 to 589.425.
112 9. The following ] (1) Certain persons shall [ be exempt from registering as a sexual
113 of fender upon petition to the court of jurisdiction under section 589.401 ; except that, such
114 person shall remain on the sexual offender registry for any other of fense for which he or she is
115 required to register under sections 589.400 to 589.425 :
116 (1) Any person currently on the sexual of fender registry or who otherwise would be
117 required to register for a sexual of fense involving:
118 (a) Sexual conduct where no force or threat of force was directed toward the victim or
119 any other individual involved, if the victim was an adult, unless the adult was under the
120 custodial authority of the of fender at the time of the of fense; or
121 (b) Sexual conduct where no force or threat of force was directed toward the victim,
122 the victim was at least fourteen years of age, and the of fender was not more than four years
123 older than the victim at the time of the of fense; or
124 (2) Any person currently required to register for the following sexual of fenses:
125 (a) Promoting obscenity in the first degree under section 573.020;
126 (b) Promoting obscenity in the second degree under section 573.030;
127 (c) Furnishing pornographic materials to minors under section 573.040;
128 (d) Public display of explicit sexual material under section 573.060;
129 (e) Coercing acceptance of obscene material under section 573.065;
130 (f) T raff icking for the purpose of slavery , involuntary servitude, peonage, or forced
131 labor under section 566.206;
132 (g) Abusing an individual through forced labor under section 566.203;
133 (h) Contributing to human traff icking through the misuse of documentation under
134 section 566.215; or
135 (i) Acting as an international marriage broker and failing to provide the information
136 and notice as required under section 578.475 ] have the right to petition for exemption fr om
137 the requ irem ents of sections 589.400 to 589.425 in accordance with this subsection.
138 (2) A petition for exemption shall be filed in the same manner as described in
139 section 589.401 and shall be the exclusive r emedy for adjudicating the applicability of
140 the exemptions in this subsection.
141 (3) If a petition for exemption is filed before a person is req uire d to reg ister
142 under this section, the requ irem ents of sections 589.400 to 589.425 shall be stayed
143 pending the outcome. In the event a petition is denied, the req uirements of sections
144 589.400 to 589.425 shall be in effect thr ee business days after the denial order . Nothing
145 in this subsection shall alter ongoing r equir ements for persons whose initial regist ration
146 r equir ement begins prior to the filing of a petition for exemption.
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147 (4) A person seeking exemption shall have the burden of prov ing he or she was
148 convicted of an offense involving sexual conduct wher e no for ce or thr eat of for ce was
149 dir ected toward the victim, the victim was fourteen years of age or older , and the
150 offender was not mor e than thr ee years older than the victim at the time of the offense.
151 (5) If a court determines a person to be exempt, sections 589.400 to 589.425 shall
152 not apply for purposes of the exempt offense. In the event a person curren tly r egister ed
153 is found to be exempt, the person shall be r emoved fr om the registry and the
154 r equir ements of sections 589.400 to 589.425 shall no longer apply .
155 (6) Nothing in this subsection shall proh ibit a person fro m r emaining or being
156 placed on the sexual offender re gistry for any other nonexempt offense for which he or
157 she is re quir ed to r egister under sections 589.400 to 589.425 .
158 [10. Any person currently on the sexual of fender registry for having been adjudicated
159 for a tier I or II of fense or adjudicated delinquent for a tier III of fense or other comparable
160 of fenses listed under section 589.414 may file a petition under section 589.401.
161 1 1. ] 9. Any nonresident worker , including work as a volunteer or intern, or
162 nonresident student shall register for the duration of such person's employment, including
163 participation as a volunteer or intern, or attendance at any school of higher education whether
164 public or private, including any secondary school, trade school, professional school, or
165 institution of higher education on a full-time or part-time basis in this state unless granted
166 relief under section 589.401. Any registered of fender shall provide information regarding any
167 place in which the of fender is staying when away from his or her residence for seven or more
168 days, including the period of time the of fender is staying in such place. Any registered
169 of fender from another state who has a temporary residence in this state and resides more than
170 seven days in a twelve-month period shall register for the duration of such person's temporary
171 residency unless granted relief under section 589.401.
589.401. 1. A person on the sexual of fender registry may file a petition in the
2 division of the circuit court in the county or city not within a county in which the of fense
3 requiring registration was committed to have his or her name removed from the sexual
4 of fender registry .
5 2. A person who is required to register in this state because of an of fense that was
6 adjudicated in another jurisdiction shall file his or her petition for removal according to the
7 laws of the state, federal, territory , tribal, or military jurisdiction, the District of Columbia, or
8 foreign country in which his or her of fense was adjudicated. Upon the grant of the petition
9 for removal in the jurisdiction where the of fense was adjudicated, such judgment may be
10 registered in this state by sending the information required under subsection 5 of this section
11 as well as one authenticated copy of the order granting removal from the sexual of fender
12 registry in the jurisdiction where the of fense was adjudicated to the court in the county or city
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13 not within a county in which the of fender is required to register . On receipt of a request for
14 registration removal, the registering court shall cause the order to be filed as a foreign
15 judgment, together with one copy of the documents and information, regardless of their form.
16 The petitioner shall be responsible for costs associated with filing the petition. Nothing in
17 this subsection shall relieve an individual fr om the reg istration requ irem ents of sections
18 589.400 to 589.425. In addition to the req uirements for rem oval under section 589.401,
19 individuals with a re gistered for eign judgment may include a copy of the for eign
20 judgment in an action under section 589.401 in the manner for eign judgments are
21 normally used to establish facts in a pr oceeding.
22 3. A person required to register :
23 (1) As a tier III of fender ;
24 (2) Under subdivision (7) of subsection 1 of section 589.400; or
25 (3) As a res ult of an offense that is sexual in natur e committed against a minor or
26 against an incapacitated person as defined under section 475.010
27
28 shall not file a petition under this section unless the requirement to register results from a
29 juvenile adjudication.
30 4. The petition shall be dismissed without prejudice if the following time periods
31 have not elapsed since the date the person was required to register for his or her most recent
32 of fense under sections 589.400 to 589.425:
33 (1) For a tier I of fense, ten years;
34 (2) For a tier II of fense, twenty-five years; or
35 (3) For a tier III of fense adjudicated delinquent, twenty-five years.
36 5. The petition shall be dismissed without prejudice if it fails to include any of the
37 following:
38 (1) The petitioner's:
39 (a) Full name, including any alias used by the individual;
40 (b) Sex;
41 (c) Race;
42 (d) Date of birth;
43 (e) Last four digits of the Social Security number;
44 (f) Address; and
45 (g) Place of employment, school, or volunteer status;
46 (2) The of fense and tier of the of fense that required the petitioner to register;
47 (3) The date the petitioner was adjudicated for the of fense;
48 (4) The date the petitioner was required to register;
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49 (5) The case number and court, including the county or city not within a county , that
50 entered the original order for the adjudicated sex of fense;
51 (6) Petitioner's fingerprints on an applicant fingerprint card;
52 (7) If the petitioner was pardoned or an of fense requiring registration was reversed,
53 vacated, or set aside, an authenticated copy of the order; and
54 (8) If the petitioner is currently registered under applicable law and has not been
55 adjudicated for failure to register in any jurisdiction and does not have any char ges pending
56 for failure to register .
57 6. The petition shall name as respondents the Missouri state highway patrol and the
58 chief law enforcement of ficial in the county or city not within a county in which the petition
59 is filed.
60 7. All proceedings under this section shall be governed under the Missouri supreme
61 court rules of civil procedure.
62 8. The person seeking removal or exemption from the registry shall provide the
63 prosecuting attorney in the circuit court in which the petition is filed with notice of the
64 petition. The prosecuting attorney may present evidence in opposition to the requested relief
65 or may otherwise demonstrate the reasons why the petition should be denied. Failure of the
66 person seeking removal or exemption from the registry to notify the prosecuting attorney of
67 the petition shall result in an automatic denial of such person's petition.
68 9. The prosecuting attorney in the circuit court in which the petition is filed shall have
69 access to all applicable records concerning the petitioner including, but not limited to,
70 criminal history records, mental health records, juvenile records, and records of the
71 department of corrections or probation and parole.
72 10. The prosecuting attorney shall make reasonable ef forts to notify the victim of the
73 crime for which the person was required to register of the petition and the dates and times of
74 any hearings or other proceedings in connection with such petition.
75 1 1. The court shall not enter an order directing the removal of the petitioner's name
76 from the sexual of fender registry unless it finds the petitioner:
77 (1) Has not been adjudicated or does not have char ges pending for any additional
78 nonsexual of fense for which imprisonment for more than one year may be imposed since the
79 date the of fender was required to register for his or her current tier level;
80 (2) Has not been adjudicated or does not have char ges pending for any additional sex
81 of fense that would require registration under sections 589.400 to 589.425 since the date the
82 of fender was required to register for his or her current tier level, even if the of fense was
83 punishable by less than one year imprisonment;
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84 (3) Has successfully completed any required periods of supervised release, probation,
85 or parole without revocation since the date the of fender was required to register for his or her
86 current tier level;
87 (4) Has successfully completed an appropriate sex of fender treatment program as
88 approved by a court of competent jurisdiction or the Missouri department of corrections; and
89 (5) Is not a current or potential threat to public safety .
90 12. In order to meet the criteria required by subdivisions (1) and (2) of subsection 1 1
91 of this section, the fingerprints filed in the case shall be examined by the Missouri state
92 highway patrol. The petitioner shall be responsible for all costs associated with the
93 fingerprint-based criminal history check of both state and federal files under section 43.530.
94 13. If the petition is denied due to an adjudication in violation of subdivision (1) or
95 (2) of subsection 1 1 of this section, the petitioner shall not file a new petition under this
96 section until:
97 (1) Fifteen years have passed from the date of the adjudication resulting in the denial
98 of relief if the petitioner is classified as a tier I of fender;
99 (2) T wenty-five years have passed from the date of adjudication resulting in the
100 denial of relief if the petitioner is classified as a tier II of fender; or
101 (3) T wenty-five years have passed from the date of the adjudication resulting in the
102 denial of relief if the petitioner is classified as a tier III of fender on the basis of a juvenile
103 adjudication.
104 14. If the petition is denied due to the petitioner having char ges pending in violation
105 of subdivision (1) or (2) of subsection 1 1 of this section, the petitioner shall not file a new
106 petition under this section until:
107 (1) The pending char ges resulting in the denial of relief have been finally disposed of
108 in a manner other than adjudication; or
109 (2) If the pending char ges result in an adjudication, the necessary time period has
110 elapsed under subsection 13 of this section.
111 15. If the petition is denied for reasons other than those outlined in subsection 1 1 of
112 this section, no successive petition requesting such relief shall be filed for at least five years
113 from the date the judgment denying relief is entered.
114 16. If the court finds the petitioner is entitled to have his or her name removed from
115 the sexual of fender registry , the court shall enter judgment directing the removal of the name.
116 A copy of the judgment shall be provided to the respondents named in the petition.
117 17. Any person subject to the judgment requiring his or her name to be removed from
118 the sexual of fender registry is not required to register under sections 589.400 to 589.425
119 unless such person is required to register for an offense that was dif ferent from that listed on
120 the judgment of removal.
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121 18. The court shall not deny the petition unless the petition failed to comply with the
122 provisions of sections 589.400 to 589.425 or the prosecuting attorney provided evidence
123 demonstrating the petition should be denied.
589.403. 1. Any person who is required to register under sections 589.400 to 589.425
2 and who is paroled, dischar ged, or otherwise released from any correctional facility of the
3 department of corrections, any mental health institution, private jail under section 221.095, or
4 other private facility recognized by or contracted with the department of corrections or
5 department of mental health where such person was confined shall:
6 (1) If the person plans to reside in this state, be informed by the of ficial in char ge of
7 such correctional facility , private jail, or mental health institution of the person's possible duty
8 to register pursuant to sections 589.400 to 589.425. If such person is required to register
9 pursuant to sections 589.400 to 589.425, the of ficial in char ge of the correctional facility ,
10 private jail, or the mental health institution shall complete the initial registration notification
11 at least seven days prior to release and [ forward ] enter the of fender's registration, within three
12 business days of release, [ to ] into the Missouri state [ highway patrol and the chief law
13 enforcement of ficial of the county or city not within a county where the person expects to
14 reside upon dischar ge, parole, or release ] sex offender registra tion system in accordance
15 with section 589.410 ; or
16 (2) If the person does not reside or plan to reside in Missouri, be informed by the
17 of ficial in char ge of such correctional facility , private jail, or mental health institution of the
18 person's possible duty to register under sections 589.400 to 589.425. If such person is
19 required to register under sections 589.400 to 589.425, the of ficial in char ge of the
20 correctional facility , private jail, or the mental health institution shall complete the initial
21 registration notification at least seven days prior to release and [ forward ] enter the of fender's
22 registration, within three business days of release, [ to ] into the Missouri state [ highway patrol
23 and the chief law enforcement of ficial within the county or city not within a county where the
24 correctional facility , private jail, or mental health institution is located ] sex offender
25 r egistration system in accordance with section 589.410 .
26 2. If the person is curr ently a reg istered sex offender in Missouri, upon r elease of
27 the offender fr om any corr ectional facility of the department of corr ections, any mental
28 health institution, a private jail under section 221.095, or other private facility
29 r ecognized by or contracted with the department of correct ions or department of mental
30 health wher e such person was confined, the official in charge of such correc tional
31 facility , mental health institution, or private jail shall inform the chief law enforcem ent
32 official of the county or city not within a county wher e the offender is reg istered of the
33 offender's release.
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34 3. If the of fender refuses to complete and sign the registration information as outlined
35 in this section or fails to register with the chief law enforcement of ficial within three business
36 days as directed, the of fender commits the of fense of failure to register under section 589.425
37 within the jurisdiction where the correctional facility , private jail, or mental health institution
38 is located.
39 4. When any person is incar cerated in any jail, municipal detention facility ,
40 corr ectional facility of the department of corr ections, private jail under section 221.095,
41 or other private facility contracted with the department of correct ions, or any person is
42 committed to the department of mental health or a mental health institution, the official
43 in charge of such jail, detention facility , corr ectional facility , private jail, private facility ,
44 or mental health institution shall complete a check to see if the person is curr ently a
45 r egister ed sex offender in Missouri. If the person is a r egistere d sex offender in
46 Missouri, such official in charge shall inform the chief law enfor cement official of the
47 county or city not within a county wher e the offender is r egistere d of the incar ceration.
48 If the person incar cerated is a r egistere d sex offender , the chief law enforcem ent official
49 of the county or city not within a county wher e the offender is regist ered shall ensur e the
50 offender's status is pr operly updated in the Missouri sex offender reg istry .
589.410. The chief law enforcement official of a county or city not within a county
2 shall [ forward ] enter the completed of fender registration form [ to ] into the Missouri state
3 [ highway patrol ] sex offender r egistration system within three days. [ The patrol ] Such
4 r egistration shall [ enter the information ] be enter ed into the Missouri uniform law
5 enforcement system (MULES) . The Missouri state highway patro l shall ensure the
6 information entere d into the Missouri state sex offender r egistration system is
7 forwarded to the National Crime Information Center (NCIC) where it is available to
8 members of the criminal justice system, and other entities as provided by law , upon inquiry .
589.414. 1. Any person required by sections 589.400 to 589.425 to register shall,
2 within three business days, appear in person to the chief law enforcement of ficer of the
3 county or city not within a county if there is a change to any of the following information:
4 (1) Name;
5 (2) Residence;
6 (3) Employment, including status as a volunteer or intern;
7 (4) Student status; or
8 (5) A termination to any of the items listed in this subsection.
9 2. Any person required to register under sections 589.400 to 589.425 shall, within
10 three business days, notify the chief law enforcement of ficial of the county or city not within
11 a county of any changes to the following information:
12 (1) V ehicle information;
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13 (2) T emporary lodging information;
14 (3) T emporary residence information;
15 (4) Email addresses, instant messaging addresses, and any other designations used in
16 internet communications, postings, or telephone communications; or
17 (5) T elephone or other cellular number , including any new forms of electronic
18 communication.
19 3. The chief law enforcement of ficial in the county or city not within a county shall
20 immediately [ forward ] enter the registration changes described under subsections 1 and 2 of
21 this section [ to ] into the Missouri state [ highway patrol ] sex offender registra tion system in
22 accordance with section 589.410 within three business days.
23 4. If any person required by sections 589.400 to 589.425 to register changes such
24 person's residence or address to a dif ferent county or city not within a county , the person shall
25 appear in person and shall inform both the chief law enforcement of ficial with whom the
26 person last registered and the chief law enforcement officia l of the county or city not within a
27 county having jurisdiction over the new residence or address in writing within three business
28 days of such new address and phone number , if the phone number is also changed. If any
29 person required by sections 589.400 to 589.425 to register changes his or her state, territory ,
30 the District of Columbia, or foreign country , or federal, tribal, or military jurisdiction of
31 residence, the person shall appear in person and shall inform both the chief law enforcement
32 of ficial with whom the person was last registered and the chief law enforcement official of the
33 area in the new state, territory , the District of Columbia, or foreign country , or federal, tribal,
34 or military jurisdiction having jurisdiction over the new residence or address within three
35 business days of such new address. [ Whenever a registrant changes residence, the chief law
36 enforcement of ficial of the county or city not within a county where the person was
37 previously registered shall inform the Missouri state highway patrol of the change within
38 three business days. ] When the registrant is changing the residence to a new state, territory ,
39 the District of Columbia, or foreign country , or federal, tribal, or military jurisdiction, the
40 Missouri state highway patrol shall inform the responsible of ficial in the new state, territory ,
41 the District of Columbia, or foreign country , or federal, tribal, or military jurisdiction of
42 residence within three business days.
43 5. T ier I sexual of fenders, in addition to the requirements of subsections 1 to 4 of this
44 section, shall report in person to the chief law enforcement of ficial annually in the month of
45 their birth to verify the information contained in their statement made pursuant to section
46 589.407. T ier I sexual of fenders include:
47 (1) Any offender who has been adjudicated for the of fense of:
48 (a) Sexual abuse in the first degree under section 566.100 if the victim is eighteen
49 years of age or older;
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50 (b) [ Sexual misconduct involving a child under section 566.083 if it is a first of fense
51 and the punishment is less than one year;
52 (c) ] Sexual abuse in the second degree under section 566.101 if the [ punishment is
53 less than a year ] offense is a misdemeanor ;
54 [ (d) ] (c) Kidnapping in the second degree under section 565.120 with sexual
55 motivation;
56 [ (e) ] (d) Kidnapping in the third degree under section 565.130 if the offense is of a
57 sexual natur e ;
58 [ (f) ] (e) Sexual conduct with a nursing facility resident or vulnerable person in the
59 first degree under section 566.1 15 if the [ punishment is less than one year ] offense is a
60 misdemeanor ;
61 [ (g) ] (f) Sexual conduct under section 566.1 16 with a nursing facility resident or
62 vulnerable person;
63 [ (h) ] (g) Sexual [ contact with a prisoner or of fender ] conduct in the course of public
64 duty under section 566.145 if the victim is eighteen years of age or older;
65 [ (i) ] (h) Sex with an animal under section 566.1 1 1;
66 [ (j) ] (i) T raf ficking for the purpose of sexual exploitation under section 566.209 if the
67 victim is eighteen years of age or older;
68 [ (k) ] (j) Possession of child pornography under section 573.037;
69 (k) Pr omoting pro stitution in the third degr ee under section 567.070 if the victim
70 is eighteen years of age or older;
71 (l) Furnishing pornographic material to minors under section 573.040 unless the
72 minor is fourteen years of age or older and the offender is less than four years older
73 than the minor at the time of the offense;
74 (m) Public display of explicit sexual material under section 573.060 if displayed
75 to a minor unless the minor is fourteen years of age or older and the offender is less than
76 four years older than the minor at the time of the offense;
77 (n) Coercin g acceptance of obscene material under section 573.065 if the
78 coer cion is dir ected at a minor unless the minor is fourteen years of age or older and the
79 offender is less than four years older than the minor at the time of the offense;
80 (o) Pr omoting obscenity in the first degree under section 573.020 if directed at a
81 minor unless the minor is fourteen years of age or older and the offender is less than
82 four years older than the minor at the time of the offense;
83 (p) Pr omoting pornography for minors or obscenity in the second degr ee under
84 section 573.030 if pr omoted to a minor unless the minor is fourteen years of age or older
85 and the offender is less than four years older than the minor at the time of the offense;
86 (q) Pr oviding explicit sexual material to a student under section 573.550;
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87 [ (l) ] (r) Sexual misconduct in the first degree under section 566.093;
88 [ (m) ] (s) Sexual misconduct in the second degree under section 566.095;
89 [ (n) Child molestation in the second degree under section 566.068 as it existed prior
90 to January 1, 2017, if the punishment is less than one year; ] or
91 [ (o) ] (t) Invasion of privacy under section 565.252 if the victim is less than eighteen
92 years of age;
93 (2) Any of fender who is or has been adjudicated in any other state, territory , the
94 District of Columbia, or foreign country , or under federal, tribal, or military jurisdiction of an
95 of fense of a sexual nature or with a sexual element that is comparable to the tier I sexual
96 of fenses listed in this subsection or , if not comparable to those in this subsection, comparable
97 to those described as tier I of fenses under the Sex Of fender Registration and Notification Act,
98 T itle I of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248.
99 6. T ier II sexual offenders , in addition to the requirements of subsections 1 to 4 of this
100 section, shall report semiannually in person in the month of their birth and six months
101 thereafter to the chief law enforcement of ficial to verify the information contained in their
102 statement made pursuant to section 589.407. T ier II sexual of fenders include:
103 (1) Any offender who has been adjudicated for the of fense of:
104 (a) [ Statutory sodomy in the second degree under section 566.064 if the victim is
105 sixteen to seventeen years of age;
106 (b) Child molestation in the third degree under section 566.069 if the victim is
107 between thirteen and fourteen years of age;
108 (c) Sexual contact with a student under section 566.086 if the victim is thirteen to
109 seventeen years of age;
110 (d) Enticement of a child under section 566.151;
111 (e) Abuse of a child under section 568.060 if the of fense is of a sexual nature and the
112 victim is thirteen to seventeen years of age;
113 (f) Sexual exploitation of a minor under section 573.023;
114 (g) Promoting child pornography in the first degree under section 573.025;
115 (h) Promoting child pornography in the second degree under section 573.035;
116 (i) ] Patronizing prostitution under section 567.030;
117 [(j) Sexual contact with a prisoner or of fender under section 566.145 if the victim is
118 thirteen to seventeen years of age;
119 (k) Child molestation in the fourth degree under section 566.071 if the victim is
120 thirteen to seventeen years of age;
121 (l) Sexual misconduct involving a child under section 566.083 if it is a first of fense
122 and the penalty is a term of imprisonment of more than a year; or
123 (m) Age misrepresentation with intent to solicit a minor under section 566.153; ]
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124 (b) Pr omoting pr ostitution in the second degr ee under section 567.060 if the
125 victim is eighteen years of age or older; or
126 (c) Sexual abuse in the first degr ee under section 566.100 if the victim is thirteen
127 years of age or older and under eighteen years of age;
128 (2) Any person who is adjudicated of an of fense comparable to a tier I of fense listed
129 in this section or failure to register of fense under section 589.425 or a violation of a
130 r estriction under section 566.147, 566.148, 566.149, 566.150, 566.155, or 589.426 or
131 comparable out-of-state failure to register of fense or offender res triction offense and who is
132 already required to register as a tier I of fender due to having been adjudicated of a tier I
133 of fense on a previous occasion; or
134 (3) Any person who is or has been adjudicated in any other state, territory , the District
135 of Columbia, or foreign country , or under federal, tribal, or military jurisdiction for an of fense
136 of a sexual nature or with a sexual element that is comparable to the tier II sexual of fenses
137 listed in this subsection or , if not comparable to those in this subsection, comparable to those
138 described as tier II of fenses under the Sex Of fender Registration and Notification Act, T itle I
139 of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248.
140 7. T ier III sexual offenders , in addition to the requirements of subsections 1 to 4 of
141 this section, shall report in person to the chief law enforcement official every ninety days to
142 verify the information contained in their statement made under section 589.407. T ier III
143 sexual of fenders include:
144 (1) Any offender registered as a predatory sexual of fender [ as defined in section
145 566.123 ] or a persistent sexual of fender as defined in section [ 566.124 ] 566.125 ;
146 (2) Any offender who has been adjudicated for the crime of:
147 (a) Rape in the first degree under section 566.030;
148 (b) Statutory rape in the first degree under section 566.032;
149 (c) Rape in the second degree under section 566.031;
150 (d) Endangering the welfare of a child in the first degree under section 568.045 if the
151 of fense is sexual in nature;
152 (e) Sodomy in the first degree under section 566.060;
153 (f) Statutory sodomy under section 566.062;
154 (g) Statutory sodomy under section 566.064 if the victim is under sixteen years of
155 age;
156 (h) Sodomy in the second degree under section 566.061;
157 (i) Sexual misconduct involving a child under section 566.083 [ if the of fense is a
158 second or subsequent of fense ];
159 (j) Sexual abuse in the first degree under section 566.100 if the victim is under
160 thirteen years of age;
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161 (k) Age misr epr esentation with intent to solicit a minor under section 566.153;
162 (l) Enticement of a child under section 566.151;
163 (m) Kidnapping in the first degree under section 565.1 10 if the victim is under
164 eighteen years of age, excluding kidnapping by a parent or guardian;
165 [ (l) ] (n) Child kidnapping under section 565.1 15 with sexual motivation ;
166 [ (m) ] (o) Sexual conduct with a nursing facility resident or vulnerable person in the
167 first degree under section 566.1 15 if the [ punishment is greater than a year ] offense is a
168 felony ;
169 [ (n) ] (p) Incest under section 568.020;
170 [ (o) ] (q) Endangering the welfare of a child in the first degree under section 568.045
171 with sexual intercourse or deviate sexual intercourse with a victim under eighteen years of
172 age;
173 [ (p) ] (r) Child molestation in the first degree under section 566.067;
174 [ (q) ] (s) Child molestation in the second degree under section 566.068 or child
175 molestation in the second degr ee under section 566.068 as it existed prior to January 1,
176 2017, if the punishment is less than one year ;
177 [ (r) ] (t) Child molestation in the third degree under section 566.069 if the victim is
178 under [ thirteen ] fourteen years of age;
179 [ (s) ] (u) Promoting prostitution in the first degree under section 567.050 [ if the victim
180 is under eighteen years of age ];
181 [ (t) ] (v) Promoting prostitution in the second degree under section 567.060 if the
182 victim is under eighteen years of age;
183 [ (u) ] (w) Promoting prostitution in the third degree under section 567.070 if the
184 victim is under eighteen years of age;
185 [ (v) ] (x) Promoting travel for prostitution under section 567.085 if the victim is under
186 eighteen years of age;
187 [ (w) ] (y) T raff icking for the purpose of sexual exploitation under section 566.209 if
188 the victim is under eighteen years of age;
189 [ (x) ] (z) Sexual traff icking of a child in the first degree under section 566.210;
190 [ (y) ] (aa) Sexual traff icking of a child in the second degree under section 566.21 1;
191 [ (z) ] (bb) Genital mutilation of a female child under section 568.065;
192 [ (aa) ] (cc) Statutory rape in the second degree under section 566.034;
193 [ (bb) ] (dd) Child molestation in the fourth degree under section 566.071 if the victim
194 is under [ thirteen ] seventeen years of age;
195 [ (cc) ] (ee) Sexual abuse in the second degree under section 566.101 if the [ penalty is
196 a term of imprisonment of more than a year ] offense is a felony ;
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197 [ (dd) ] (ff) Patronizing prostitution under section 567.030 if the offender is a persistent
198 of fender or if the victim is under eighteen years of age ;
199 [ (ee) ] (gg) Abuse of a child under section 568.060 if the of fense is of a sexual nature
200 and the victim is under [ thirteen ] eighteen years of age;
201 [ (f f) ] (hh) Sexual [ contact with a prisoner or offender ] conduct in the course of
202 public duty under section 566.145 if the victim is under [ thirteen ] eighteen years of age;
203 [(gg) Sexual intercourse with a prisoner or of fender under section 566.145;
204 (hh) ] (ii) Sexual contact with a student under section 566.086 if the victim is under
205 [ thirteen ] eighteen years of age;
206 (jj) Sexual exploitation of a minor under section 573.023;
207 (kk) Enabling sexual exploitation of a minor under section 573.024;
208 (ll) Pr omoting child pornography in the first degr ee under section 573.025;
209 (mm) Pr omoting child pornography in the second degr ee under section 573.035;
210 [ (ii) ] (nn) Use of a child in a sexual performance under section 573.200; [ or
211 (jj) ] (oo) Promoting a sexual performance by a child under section 573.205; or
212 (pp) Patr onizing a sexual performance of a child under section 573.206;
213 (3) Any offender who is adjudicated [ for a crime ] of an offense comparable to a tier I
214 or tier II of fense listed in this section or failure to register of fense under section 589.425[ , ] or
215 a violation of a res triction under section 566.147, 566.148, 566.149, 566.150, 566.155, or
216 589.426 or other comparable out-of-state failure to register offense[ , ] or offender res triction
217 offense and who has been or is already required to register as a tier II of fender because of
218 having been adjudicated for a tier II of fense, two tier I of fenses, or combination of a tier I
219 of fense and failure to register of fense, on a previous occasion;
220 (4) Any of fender who is adjudicated in any other state, territory , the District of
221 Columbia, or foreign country , or under federal, tribal, or military jurisdiction for an of fense of
222 a sexual nature or with a sexual element that is comparable to a tier III offense listed in this
223 section or a tier III of fense under the Sex Of fender Registration and Notification Act, T itle I
224 of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248; or
225 (5) Any of fender who is adjudicated in Missouri for any offense of a sexual nature
226 requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier
227 II of fense in this section.
228 8. In addition to the requirements of subsections 1 to 7 of this section, all Missouri
229 registrants who work, including as a volunteer or unpaid intern, or attend any school whether
230 public or private, including any secondary school, trade school, professional school, or
231 institution of higher education, on a full-time or part-time basis or have a temporary residence
232 in this state shall be required to report in person to the chief law enforcement of ficer in the
233 area of [ the ] any other state where they work, including as a volunteer or unpaid intern, or
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234 attend any school or training and register in that state. "Part-time" in this subsection means
235 for more than seven days in any twelve-month period.
236 9. If a person who is required to register as a sexual of fender under sections 589.400
237 to 589.425 changes or obtains a new online identifier as defined in section 43.651, the person
238 shall report such information in the same manner as a change of residence before using such
239 online identifier .
✔
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