Decriminalizes certain prostitution offenses and establishes the offense of commercial sexual exploitation

SECOND REGULAR SESSION
HOUSE BILL NO. 2450
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE FUCHS.
5539H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 67.2540, 67.2552, 99.103, 188.028, 191.656, 191.668, 210.1 10, 210.1 18,
210.145, 210.156, 226.531, 513.605, 545.940, 566.103, 566.223, 567.010, 567.020,
567.030, 567.050, 567.060, 567.070, 567.080, 567.085, 567.087, 567.089, 567.090,
567.100, 567.1 10, 567.120, 573.503, 573.525, 573.531, 577.675, 578.421, 589.400,
589.414, 595.120, and 610.131, RSMo, and to enact in lieu thereof twenty-seven new
sections relating to sexual conduct of fenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 67.2540, 67.2552, 99.103, 188.028, 191.656, 191.668, 210.1 10,
2 210.1 18, 210.145, 210.156, 226.531, 513.605, 545.940, 566.103, 566.223, 567.010, 567.020,
3 567.030, 567.050, 567.060, 567.070, 567.080, 567.085, 567.087, 567.089, 567.090, 567.100,
4 567.1 10, 567.120, 573.503, 573.525, 573.531, 577.675, 578.421, 589.400, 589.414, 595.120,
5 and 610.131, RSMo, are repealed and twenty-seven new sections enacted in lieu thereof, to be
6 known as sections 67.2540, 67.2552, 99.103, 188.028, 191.656, 191.668, 210.1 10, 210.1 18,
7 210.145, 210.156, 226.531, 513.605, 545.940, 566.103, 566.223, 567.010, 567.016, 567.080,
8 573.503, 573.525, 573.531, 577.675, 578.421, 589.400, 589.414, 595.120, and 610.131, to
9 read as follows:
67.2540. As used in sections 67.2540 to 67.2556, the following terms mean:
2 (1) "Adult cabaret", a nightclub, bar , restaurant, or similar establishment in which
3 persons regularly appear in a state of nudity , as defined in section 573.500, or seminudity in
4 the performance of their duties;
5 (2) "Employee", a person who is at least twenty-one years of age and who performs
6 any service on the premises of a sexually oriented business on a full-time, part-time, or
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.
7 contract basis, whether or not the person is denominated an employee, independent
8 contractor , agent, or otherwise, and whether or not said person is paid a salary , wage, or other
9 compensation by the operator of said business. The term employee does not include a person
10 exclusively on the premises for repair or maintenance of the premises or equipment on the
11 premises, or for the delivery of goods to the premises;
12 (3) "Nudity" or a "state of nudity", the showing of the human male or female genitals,
13 pubic area, vulva, anus, anal cleft or anal cleavage with less than a fully opaque covering, the
14 showing of the female breast with less than a fully opaque covering of any part of the nipple,
15 or the showing of the covered male genitals in a discernibly tur gid state;
16 (4) "Nuisance", any place in or upon which lewdness, assignation, or [ prostitution ]
17 commer cial sexual exploitation is conducted, permitted, continued, or exists, or any place,
18 in or upon which lewd, indecent, lascivious, or obscene films, or films designed to be
19 projected for exhibition, are photographed, manufactured, developed, screened, exhibited, or
20 otherwise prepared or shown, and the personal property and contents used in conducting and
21 maintaining any such place for any such purpose. The provisions of this section shall not
22 af fect any newspaper , magazine, or other publication entered as second class matter by the
23 post of fice department;
24 (5) "Person", an individual, proprietorship, partnership, corporation, association, or
25 other legal entity;
26 (6) "Seminude" or in a "seminude condition", a state of dress in which opaque
27 clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and
28 areola of the female breast below a horizontal line across the top of the areola at its highest
29 point. Seminudity shall include the entire lower portion of the female breast, but shall not
30 include any portion of the cleavage of the human female breast exhibited by wearing apparel
31 provided the areola is not exposed in whole or part;
32 (7) "Sexually oriented business", an adult cabaret or any business which of fers its
33 patrons goods of which a substantial or significant portion are sexually oriented material. It
34 shall be presumed that a business that derives thirty percent or less of its revenue from
35 sexually oriented materials is presumed not to be a sexually oriented business. No building,
36 premises, structure, or other facility that contains any sexually oriented business shall contain
37 any other kind of sexually oriented business;
38 (8) "Sexually oriented materials", any pictorial or three-dimensional material, or film,
39 motion picture, DVD, video cassette, or similar photographic reproduction, that depicts
40 nudity , sexual conduct, sexual excitement, or sadomasochistic abuse, as defined in section
41 573.010;
42 (9) "Specified criminal activity" includes the following of fenses:
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43 (a) Prostitution or promotion of prostitution as it existed prior to August 28, 2026;
44 commer cial sexual exploitation ; dissemination of obscenity; sale, distribution, or display of
45 harmful material to a minor; sexual performance by a child; possession or distribution of child
46 pornography; public lewdness; indecent exposure; indecency with a child; engaging in
47 or ganized criminal activity; sexual assault; molestation of a child; gambling prohibited under
48 Missouri law; or distribution of a controlled substance; or any similar offenses described in
49 this subdivision under the criminal or penal code of other states or countries;
50 (b) For which:
51 a. Less than two years have elapsed since the date of conviction or the date of release
52 from confinement imposed for the conviction, whichever is the later date, if the conviction is
53 of a misdemeanor of fense;
54 b. Less than five years have elapsed since the date of conviction or the date of release
55 from confinement for the conviction, whichever is the later date, if the conviction is of a
56 felony of fense; or
57 c. Less than five years have elapsed since the date of the last conviction or the date of
58 release from confinement for the last conviction, whichever is the later date, if the convictions
59 are of two or more misdemeanor of fenses or combination of misdemeanor offenses occurring
60 within any twenty-four -month period;
61 (c) The fact that a conviction is being appealed shall not prevent a sexually oriented
62 business from being considered a nuisance and closed under section 67.2546;
63 (10) "Specified sexual activities" includes the following acts:
64 (a) The fondling or other erotic touching of human genitals, pubic region, buttocks,
65 anus, or female breasts;
66 (b) Sex acts, actual or simulated, including intercourse, oral copulation, masturbation,
67 or sodomy; or
68 (c) Excretory functions as part of or in connection with any of the activities set forth
69 in this subdivision.
67.2552. 1. It shall be a class A misdemeanor for a person, in a sexually oriented
2 business, to knowingly and intentionally appear in a state of nudity or depict, simulate, or
3 perform specified sexual activities.
4 2. It shall be a class A misdemeanor for a person to appear knowingly or intentionally
5 in a sexually oriented business in a seminude condition unless the person is an employee who,
6 while seminude, shall be at least ten feet from any patron or customer and on a stage at least
7 two feet from the floor and behind a railing no less than twenty-four inches in height.
8 3. It shall be a class A misdemeanor for an employee, while seminude, to touch a
9 customer or the clothing of a customer .
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10 4. It shall be a class A misdemeanor if a person knowingly allows on the premises of
11 a sexually oriented business a person under the age of twenty-one years, except for a person
12 exclusively on the premises for repair or maintenance of the premises or equipment on the
13 premises, or for the delivery of goods to the premises.
14 5. The provisions of sections 67.2540 to 67.2552 are designed to protect the
15 following public policy interest of this state, including but not limited to: to mitigate the
16 adverse secondary ef fects of sexually oriented businesses, to limit harm to minors, and to
17 reduce [ prostitution ] commercial sexual exploitation , crime, juvenile delinquency ,
1 8 deterioration in property values and lethar gy in neighborhood improvement ef forts.
99.103. 1. In addition to the duties imposed by section 99.100, no housing authority
2 in any city with a population of four hundred thousand or more inhabitants, and whose
3 jurisdiction covers more than one county , shall rent or lease accommodations to any person
4 who, within the preceding five years, has been convicted of [ a crime ] an offense involving
5 prostitution as it existed prior to August 28, 2026, commer cial sexual exploitation, or the
6 possession or sale of controlled substances listed in schedule I and II of section 195.017, or
7 whose dwelling unit is known to have been the site of [ crimes ] offenses involving prostitution
8 as it existed prior to August 28, 2026, commer cial sexual exploitation, or the possession or
9 sale of controlled substances listed in schedule I and II of section 195.017.
10 2. If a family which is living in accommodations rented or leased by the housing
11 authority becomes ineligible for such accommodations because a member of that family was
12 convicted of a crime listed in subsection 1 of this section, the remaining members of such
13 family may reapply to the board of commissioners of the housing authority for
1 4 accommodations.
188.028. 1. Except in the case of a medical emer gency , no person shall knowingly
2 perform or induce an abortion upon a pregnant woman under the age of eighteen years unless:
3 (1) The attending physician has secured the informed written consent of the minor
4 and one parent or guardian, and the consenting parent or guardian of the minor has notified
5 any other custodial parent in writing prior to the securing of the informed written consent of
6 the minor and one parent or guardian. For purposes of this subdivision, "custodial parent"
7 shall only mean a parent of a minor who has been awarded joint legal custody or joint
8 physical custody of such minor by a court of competent jurisdiction. Notice shall not be
9 required for any parent:
10 (a) Who has been found guilty of any of fense in violation of chapter 565, relating to
11 of fenses against the person; chapter 566, relating to sexual of fenses; chapter 567, relating to
12 prostitution as it existed prior to August 28, 2026, or commer cial sexual exploitation ;
13 chapter 568, relating to of fenses against the family; or chapter 573, related to pornography
14 and related of fenses, if a child was a victim;
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15 (b) Who has been found guilty of any of fense in any other state or foreign country , or
16 under federal, tribal, or military jurisdiction if a child was a victim, which would be a
17 violation of chapters 565, 566, 567, 568, or 573 if committed in this state;
18 (c) Who is listed on the sexual of fender registry under sections 589.400 to 589.425;
19 (d) Against whom an order of protection has been issued, including a foreign order of
20 protection given full faith and credit in this state under section 455.067;
21 (e) Whose custodial, parental, or guardianship rights have been terminated by a court
22 of competent jurisdiction; or
23 (f) Whose whereabouts are unknown after reasonable inquiry , who is a fugitive from
24 justice, who is habitually in an intoxicated or drugged condition, or who has been declared
25 mentally incompetent or incapacitated by a court of competent jurisdiction;
26 (2) The minor is emancipated and the attending physician has received the informed
27 written consent of the minor;
28 (3) The minor has been granted the right to self-consent to the abortion by court order
29 pursuant to subsection 2 of this section, and the attending physician has received the informed
30 written consent of the minor; or
31 (4) The minor has been granted consent to the abortion by court order , and the court
32 has given its informed written consent in accordance with subsection 2 of this section, and the
33 minor is having the abortion willingly , in compliance with subsection 3 of this section.
34 2. The right of a minor to self-consent to an abortion under subdivision (3) of
35 subsection 1 of this section or court consent under subdivision (4) of subsection 1 of this
36 section may be granted by a court pursuant to the following procedures:
37 (1) The minor or next friend shall make an application to the juvenile court which
38 shall assist the minor or next friend in preparing the petition and notices required pursuant to
39 this section. The minor or the next friend of the minor shall thereafter file a petition setting
40 forth the initials of the minor; the age of the minor; the names and addresses of each parent,
41 guardian, or , if the minor's parents are deceased and no guardian has been appointed, any
42 other person standing in loco parentis of the minor; that the minor has been fully informed of
43 the risks and consequences of the abortion; that the minor is of sound mind and has suf ficient
44 intellectual capacity to consent to the abortion; that, if the court does not grant the minor
45 majority rights for the purpose of consent to the abortion, the court should find that the
46 abortion is in the best interest of the minor and give judicial consent to the abortion; that the
47 court should appoint a guardian ad litem of the child; and if the minor does not have private
48 counsel, that the court should appoint counsel. The petition shall be signed by the minor or
49 the next friend;
50 (2) A hearing on the merits of the petition, to be held on the record, shall be held as
51 soon as possible within five days of the filing of the petition. If any party is unable to af ford
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52 counsel, the court shall appoint counsel at least twenty-four hours before the time of the
53 hearing. At the hearing, the court shall hear evidence relating to the emotional development,
54 maturity , intellect and understanding of the minor; the nature, possible consequences, and
55 alternatives to the abortion; and any other evidence that the court may find useful in
56 determining whether the minor should be granted majority rights for the purpose of
57 consenting to the abortion or whether the abortion is in the best interests of the minor;
58 (3) In the decree, the court shall for good cause:
59 (a) Grant the petition for majority rights for the purpose of consenting to the abortion;
60 (b) Find the abortion to be in the best interests of the minor and give judicial consent
61 to the abortion, setting forth the grounds for so finding; or
62 (c) Deny the petition, setting forth the grounds on which the petition is denied;
63 (4) If the petition is allowed, the informed consent of the minor , pursuant to a court
64 grant of majority rights, or the judicial consent, shall bar an action by the parents or guardian
65 of the minor on the grounds of battery of the minor by those performing or inducing the
66 abortion. The immunity granted shall only extend to the performance or induction of the
67 abortion in accordance herewith and any necessary accompanying services which are
68 performed in a competent manner . The costs of the action shall be borne by the parties;
69 (5) An appeal from an order issued under the provisions of this section may be taken
70 to the court of appeals of this state by the minor or by a parent or guardian of the minor . The
71 notice of intent to appeal shall be given within twenty-four hours from the date of issuance of
72 the order . The record on appeal shall be completed and the appeal shall be perfected within
73 five days from the filing of notice to appeal. Because time may be of the essence regarding
74 the performance or induction of the abortion, the supreme court of this state shall, by court
75 rule, provide for expedited appellate review of cases appealed under this section.
76 3. If a minor desires an abortion, then she shall be orally informed of and, if possible,
77 sign the written consent required under this chapter in the same manner as an adult person.
78 No abortion shall be performed or induced on any minor against her will, except that an
79 abortion may be performed or induced against the will of a minor pursuant to a court order
80 described in subdivision (4) of subsection 1 of this section that the abortion is necessary to
81 preserve the life of the minor .
191.656. 1. (1) All information known to, and records containing any information
2 held or maintained by , any person, or by any agency , department, or political subdivision of
3 the state concerning an individual's HIV infection status or the results of any individual's HIV
4 testing shall be strictly confidential and shall not be disclosed except to:
5 (a) Public employees within the agency , department, or political subdivision who
6 need to know to perform their public duties;
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7 (b) Public employees of other agencies, departments, or political subdivisions who
8 need to know to perform their public duties;
9 (c) Peace of ficers, as defined in section 590.100, the attorney general or any assistant
10 attorneys general acting on his or her behalf, as defined in chapter 27, and prosecuting
11 attorneys or circuit attorneys as defined in chapter 56 and pursuant to section 191.657;
12 (d) Prosecuting attorneys or circuit attorneys as defined in chapter 56 to prosecute
13 cases pursuant to section 191.677 or 567.020 as it existed prior to August 28, 2026 .
14 Prosecuting attorneys or circuit attorneys may obtain from the department of health and
15 senior services the contact information and test results of individuals with whom the HIV -
16 infected individual has had sexual intercourse or deviate sexual intercourse. Any prosecuting
17 attorney or circuit attorney who receives information from the department of health and
18 senior services pursuant to the provisions of this section shall use such information only for
19 investigative and prosecutorial purposes and such information shall be considered strictly
20 confidential and shall only be released as authorized by this section;
21 (e) Persons other than public employees who are entrusted with the regular care of
22 those under the care and custody of a state agency , including but not limited to operators of
23 day care facilities, group homes, residential care facilities and adoptive or foster parents;
24 (f) As authorized by subsection 2 of this section;
25 (g) V ictims of any sexual of fense defined in chapter 566, which includes sexual
26 intercourse or deviate sexual intercourse, as an element of the crime or to a victim of a section
27 545.940 of fense, in which the court, for good cause shown, orders the defendant to be tested
28 for HIV , hepatitis B, hepatitis C, syphilis, gonorrhea, or chlamydia, once the char ge is filed.
29 Prosecuting attorneys or circuit attorneys, or the department of health and senior services may
30 release information to such victims;
31 (h) Any individual who has tested positive or false positive to HIV , hepatitis B,
32 hepatitis C, syphilis, gonorrhea, or chlamydia, may request copies of any and all test results
33 relating to said infections.
34 (2) Further disclosure by public employees shall be governed by subsections 2 and 3
35 of this section;
36 (3) Disclosure by a public employee or any other person in violation of this section
37 may be subject to civil actions brought under subsection 6 of this section, unless otherwise
38 required by chapter 330, 332, 334, or 335, pursuant to discipline taken by a state licensing
39 board.
40 2. (1) Unless the person acted in bad faith or with conscious disregard, no person
41 shall be liable for violating any duty or right of confidentiality established by law for
42 disclosing the results of an individual's HIV testing:
43 (a) T o the department of health and senior services;
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44 (b) T o health care personnel working directly with the infected individual who have a
45 reasonable need to know the results for the purpose of providing direct patient health care;
46 (c) Pursuant to the written authorization of the subject of the test result or results;
47 (d) T o the spouse of the subject of the test result or results;
48 (e) T o the subject of the test result or results;
49 (f) T o the parent or legal guardian or custodian of the subject of the testing, if he is an
50 unemancipated minor;
51 (g) T o the victim of any sexual of fense defined in chapter 566, which includes sexual
52 intercourse or deviate sexual intercourse, as an element of the crime or to a victim of a section
53 545.940 of fense, in which the court, for good cause shown, orders the defendant to be tested
54 for HIV , hepatitis B, hepatitis C, syphilis, gonorrhea, or chlamydia, once the char ge is filed;
55 (h) T o employees of a state licensing board in the execution of their duties under
56 chapter 330, 332, 334, or 335 pursuant to discipline taken by a state licensing board;
57
58 The department of health and senior services and its employees shall not be held liable for
59 disclosing an HIV -infected person's HIV status to individuals with whom that person had
60 sexual intercourse or deviate sexual intercourse;
61 (2) Paragraphs (b) and (d) of subdivision (1) of this subsection shall not be construed
62 in any court to impose any duty on a person to disclose the results of an individual's HIV
63 testing to a spouse or health care professional or other potentially exposed person, parent or
64 guardian;
65 (3) No person to whom the results of an individual's HIV testing has been disclosed
66 pursuant to paragraphs (b) and (c) of subdivision (1) of this subsection shall further disclose
67 such results; except that prosecuting attorneys or circuit attorneys may disclose such
68 information to defense attorneys defending actions pursuant to section 191.677 or 567.020 as
69 it existed prior to August 28, 2026, under the rules of discovery , or jurors or court personnel
70 hearing cases pursuant to section 191.677 or 567.020 as it existed prior to August 28, 2026 .
71 Such information shall not be used or disclosed for any other purpose;
72 (4) When the results of HIV testing, disclosed pursuant to paragraph (b) of
73 subdivision (1) of this subsection, are included in the medical record of the patient who is
74 subject to the test, the inclusion is not a disclosure for purposes of such paragraph so long as
75 such medical record is affor ded the same confidentiality protection af forded other medical
76 records.
77 3. All communications between the subject of HIV testing and a physician, hospital,
78 or other person authorized by the department of health and senior services who performs or
79 conducts HIV sampling shall be privileged communications.
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80 4. The identity of any individual participating in a research project approved by an
81 institutional review board shall not be reported to the department of health and senior services
82 by the physician conducting the research project.
83 5. The subject of HIV testing who is found to have HIV infection and is aware of his
84 or her HIV status shall disclose such information to any health care professional from whom
85 such person receives health care services. Said notification shall be made prior to receiving
86 services from such health care professional if the HIV -infected person is medically capable of
87 conveying that information or as soon as he or she becomes capable of conveying that
88 information.
89 6. Any individual aggrieved by a violation of this section or regulations promulgated
90 by the department of health and senior services may bring a civil action for damages. If it is
91 found in a civil action that:
92 (1) A person has negligently violated this section, the person is liable, for each
93 violation, for:
94 (a) The greater of actual damages or liquidated damages of one thousand dollars; and
95 (b) Court costs and reasonable attorney's fees incurred by the person bringing the
96 action; and
97 (c) Such other relief, including injunctive relief, as the court may deem appropriate;
98 or
99 (2) A person has willfully or intentionally or recklessly violated this section, the
100 person is liable, for each violation, for:
101 (a) The greater of actual damages or liquidated damages of five thousand dollars; and
102 (b) Exemplary damages; and
103 (c) Court costs and reasonable attorney's fees incurred by the person bringing the
104 action; and
105 (d) Such other relief, including injunctive relief, as the court may deem appropriate.
106 7. No civil liability shall accrue to any health care provider as a result of making a
107 good faith report to the department of health and senior services about a person reasonably
108 believed to be infected with HIV , or cooperating in good faith with the department in an
109 investigation determining whether a court order directing an individual to undergo HIV
110 testing will be sought, or in participating in good faith in any judicial proceeding resulting
111 from such a report or investigations; and any person making such a report, or cooperating
112 with such an investigation or participating in such a judicial proceeding, shall be immune
113 from civil liability as a result of such actions so long as taken in good faith.
191.668. 1. The department of health and senior services shall prepare public
2 education and awareness plans and programs for the general public, and the department of
3 elementary and secondary education shall prepare educational programs for public schools,
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4 regarding means of transmission and prevention and treatment of the HIV virus. The plans
5 and programs shall include, but not be limited to:
6 (1) Medically correct, age specific, transmission and prevention programs for use at
7 the discretion of the public schools beginning with students at the sixth grade level. The
8 educational programs shall stress moral responsibility in and restraint from sexual activity
9 and avoidance of controlled substance use whereby HIV can be transmitted;
10 (2) Risk reduction programs for specific populations at high risk of HIV infection;
11 (3) Educational programs on transmission and prevention of HIV infection in the
12 workplace for use by employers;
13 (4) Personal protection procedures for use by health care providers and others in close
14 contact with potentially infected individuals;
15 (5) General public information programs and circulars containing factual information
16 that will allow the public at lar ge to assess its risk and develop informed individual judgment
17 and behavior . The department shall prepare for free distribution among the residents of the
18 state printed information concerning the means of transmission of the HIV virus, the dangers
19 from HIV infection, means of prevention, and the necessity for testing; and
20 (6) Develop presentations for community service and school or ganizations describing
21 the medical and psychosocial aspects of HIV infection, including information on how
22 infection is transmitted and can be prevented.
23 2. None of the plans, programs or printed information prepared or provided under this
24 section shall promote behavior that is an of fense in violation of chapter 566 concerning sexual
25 of fenses; is an of fense involving the use of a controlled substance as defined in chapter 195; is
26 an of fense in violation of section 568.020 concerning incest; or is an of fense in violation of
27 any city , county or state law prohibiting prostitution or patronizing prostitution as it existed
28 prior to August 28, 2026, or commer cial sexual exploitation .
210.1 10. As used in sections 210.109 to 210.165, and sections 210.180 to 210.183,
2 the following terms mean:
3 (1) "Abuse", any physical injury , sexual abuse, or emotional abuse inflicted on a child
4 other than by accidental means by those responsible for the child's care, custody , and control,
5 except that discipline including spanking, administered in a reasonable manner , shall not be
6 construed to be abuse. V ictims of abuse shall also include any victims of sex traff icking or
7 severe forms of traf ficking as those terms are defined in 22 U.S.C. Section 7102, as amended;
8 (2) "Assessment and treatment services for children", an approach to be developed by
9 the children's division which will recognize and treat the specific needs of at-risk and abused
10 or neglected children. The developmental and medical assessment may be a broad physical,
11 developmental, and mental health screening to be completed within thirty days of a child's
12 entry into custody and in accordance with the periodicity schedule set forth by the American
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13 Academy of Pediatrics thereafter as long as the child remains in care. Screenings may be
14 of fered at a centralized location and include, at a minimum, the following:
15 (a) Complete physical to be performed by a pediatrician familiar with the effects of
16 abuse and neglect on young children;
17 (b) Developmental, behavioral, and emotional screening in addition to early periodic
18 screening, diagnosis, and treatment services, including a core set of standardized and
19 recognized instruments as well as interviews with the child and appropriate caregivers. The
20 screening battery may be performed by a licensed mental health professional familiar with the
21 ef fects of abuse and neglect on young children, who will then serve as the liaison between all
22 service providers in ensuring that needed services are provided. Such treatment services may
23 include in-home services, out-of-home placement, intensive twenty-four -hour treatment
24 services, family counseling, parenting training and other best practices.
25
26 Children whose screenings indicate an area of concern may complete a comprehensive, in-
27 depth health, psychodiagnostic, or developmental assessment within sixty days of entry into
28 custody;
29 (3) "Central registry", a registry of persons where the division has found probable
30 cause to believe prior to August 28, 2004, or by a preponderance of the evidence after August
31 28, 2004, or a court has substantiated through court adjudication that the individual has
32 committed child abuse or neglect or the person has pled guilty or has been found guilty of a
33 crime pursuant to section 565.020, 565.021, 565.023, 565.024, 565.050, 566.030, 566.060,
34 [ or ] 567.050 as it existed prior to August 28, 2026, if the victim is a child less than eighteen
35 years of age, or 567.016 if the victim is a child less than eighteen years of age, or any other
36 crime pursuant to chapter 566 if the victim is a child less than eighteen years of age and the
37 perpetrator is twenty-one years of age or older , a crime under section 568.020, 568.030,
38 568.045, 568.050, 568.060, 568.080, 568.090, 573.023, 573.025, 573.035, 573.037, 573.040,
39 573.200, or 573.205, or an attempt to commit any such crimes. Any persons placed on the
40 registry prior to August 28, 2004, shall remain on the registry for the duration of time
41 required by section 210.152;
42 (4) "Child", any person, regardless of physical or mental condition, under eighteen
43 years of age;
44 (5) "Children's services providers and agencies", any public, quasi-public, or private
45 entity with the appropriate and relevant training and expertise in delivering services to
46 children and their families as determined by the children's division, and capable of providing
47 direct services and other family services for children in the custody of the children's division
48 or any such entities or agencies that are receiving state moneys for such services;
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49 (6) "Director", the director of the Missouri children's division within the department
50 of social services;
51 (7) "Division", the Missouri children's division within the department of social
52 services;
53 (8) "Family assessment and services", an approach to be developed by the children's
54 division which will provide for a prompt assessment of a child who has been reported to the
55 division as a victim of abuse or neglect by a person responsible for that child's care, custody
56 or control and of that child's family , including risk of abuse and neglect and, if necessary , the
57 provision of community-based services to reduce the risk and support the family;
58 (9) "Family support team meeting" or "team meeting", a meeting convened by the
59 division or children's services provider in behalf of the family and/or child for the purpose of
60 determining service and treatment needs, determining the need for placement and developing
61 a plan for reunification or other permanency options, determining the appropriate placement
62 of the child, evaluating case progress, and establishing and revising the case plan;
63 (10) "Investigation", the collection of physical and verbal evidence to determine if a
64 child has been abused or neglected;
65 (1 1) "Jail or detention center personnel", employees and volunteers working in any
66 premises or institution where incarceration, evaluation, care, treatment or rehabilitation is
67 provided to persons who are being held under custody of the law;
68 (12) "Neglect", failure to provide, by those responsible for the care, custody , and
69 control of the child, the proper or necessary support, education as required by law , nutrition or
70 medical, sur gical, or any other care necessary for the child's well-being, except that neglect
71 shall not be found by virtue of the sole fact that a person allows a child to engage in
72 independent activities without adult supervision including, but not limited to, traveling to or
73 from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home
74 for a reasonable period of time, provided such activities are appropriate based on the child's
75 age, maturity , and physical and mental abilities, and the lack of adult supervision does not
76 constitute conduct that is so grossly negligent as to endanger the health or safety of the child.
77 V ictims of neglect shall also include any victims of sex traff icking or severe forms of
78 traf ficking as those terms are defined in 22 U.S.C. Section 7102, as amended;
79 (13) "Preponderance of the evidence", that degree of evidence that is of greater
80 weight or more convincing than the evidence which is of fered in opposition to it or evidence
81 which as a whole shows the fact to be proved to be more probable than not;
82 (14) "Probable cause", available facts when viewed in the light of surrounding
83 circumstances which would cause a reasonable person to believe a child was abused or
84 neglected;
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85 (15) "Report", the communication of an allegation of child abuse or neglect to the
86 division pursuant to section 210.1 15;
87 (16) "Those responsible for the care, custody , and control of the child", includes, but
88 is not limited to:
89 (a) The parents or legal guardians of a child;
90 (b) Other members of the child's household;
91 (c) Those exercising supervision over a child for any part of a twenty-four -hour day;
92 (d) Any adult person who has access to the child based on relationship to the parents
93 of the child or members of the child's household or the family;
94 (e) Any person who takes control of the child by deception, force, or coercion; or
95 (f) School personnel, contractors, and volunteers, if the relationship with the child
96 was established through the school or through school-related activities, even if the alleged
97 abuse or neglect occurred outside of school hours or of f school grounds.
210.1 18. 1. Except for actions under the uniform parentage act, sections 210.817 to
2 210.852, in any action under chapter 210 or 21 1 in which the court finds by a preponderance
3 of the evidence that a party is responsible for child abuse or neglect, as those terms are
4 defined in section 210.1 10, the clerk shall send a certified copy of the judgment or order to the
5 children's division and to the appropriate prosecuting attorney . Upon receipt of the order , the
6 children's division shall list the individual as a perpetrator of child abuse or neglect in the
7 central registry .
8 2. In every case in which the person has pled guilty to or been found guilty of:
9 (1) A crime under section 565.020, 565.021, 565.023, 565.024, 565.050, 566.030,
10 566.060, [ or ] 567.050 as it existed prior to August 28, 2026, or 567.016 and the victim is a
11 child under eighteen years of age;
12 (2) Any other crime in chapter 566 if the victim is a child under eighteen years of age
13 and the perpetrator is twenty-one years of age or older;
14 (3) A crime under section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080,
15 568.090, 573.023, 573.025, 573.035, 573.037, 573.040, 573.200, or 573.205; or
16 (4) An attempt to commit any such crimes;
17
18 the court shall enter an order directing the children's division to list the individual as a
19 perpetrator of child abuse or neglect in the central registry . The clerk shall send a certified
20 copy of the order to the children's division. Upon receipt of the order , the children's division
21 shall list the individual as a perpetrator of child abuse or neglect in the central registry .
210.145. 1. The division shall develop protocols which give priority to:
2 (1) Ensuring the well-being and safety of the child in instances where child abuse or
3 neglect has been alleged;
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4 (2) Promoting the preservation and reunification of children and families consistent
5 with state and federal law;
6 (3) Providing due process for those accused of child abuse or neglect; and
7 (4) Maintaining an information system operating at all times, capable of receiving and
8 maintaining reports. This information system shall have the ability to receive reports over a
9 single, statewide toll-free number . Such information system shall maintain the results of all
10 investigations, family assessments and services, and other relevant information.
11 2. (1) The division shall utilize structured decision-making protocols, including a
12 standard risk assessment that shall be completed within seventy-two hours of the report of
13 abuse or neglect, for classification purposes of all child abuse and neglect reports. The
14 protocols developed by the division shall give priority to ensuring the well-being and safety
15 of the child. All child abuse and neglect reports shall be initiated within twenty-four hours
16 and shall be classified based upon the reported risk and injury to the child. The division shall
17 promulgate rules regarding the structured decision-making protocols to be utilized for all
18 child abuse and neglect reports.
19 (2) The director of the division and the of fice of state courts administrator shall
20 develop a joint safety assessment tool before December 31, 2020, and such tool shall be
21 implemented before January 1, 2022. The safety assessment tool shall replace the standard
22 risk assessment required under subdivision (1) of this subsection and shall also be completed
23 within seventy-two hours of the report of abuse or neglect.
24 3. Upon receipt of a report, the division shall determine if the report merits
25 investigation, including reports which if true would constitute a suspected violation of any of
26 the following: section 565.020, 565.021, 565.023, 565.024, or 565.050 if the victim is a child
27 less than eighteen years of age, section 566.030 or 566.060 if the victim is a child less than
28 eighteen years of age, or other crimes under chapter 566 if the victim is a child less than
29 eighteen years of age and the perpetrator is twenty-one years of age or older , section 567.050
30 as it existed prior to August 28, 2026, if the victim is a child less than eighteen years of age,
31 section 567.016 if the victim is a child less than eighteen years of age, section 568.020,
32 568.030, 568.045, 568.050, 568.060, 573.200, or 573.205, section 573.025, 573.035, 573.037,
33 or 573.040, or an attempt to commit any such crimes. The division shall immediately
34 communicate all reports that merit investigation to its appropriate local of fice and any
35 relevant information as may be contained in the information system. The local division staff
36 shall determine, through the use of protocols developed by the division, whether an
37 investigation or the family assessment and services approach should be used to respond to the
38 allegation. The protocols developed by the division shall give priority to ensuring the well-
39 being and safety of the child.
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40 4. The division may accept a report for investigation or family assessment if either the
41 child or alleged perpetrator resides in Missouri, may be found in Missouri, or if the incident
42 occurred in Missouri.
43 5. If the division receives a report in which neither the child nor the alleged
44 perpetrator resides in Missouri or may be found in Missouri and the incident did not occur in
45 Missouri, the division shall document the report and communicate it to the appropriate agency
46 or agencies in the state where the child is believed to be located, along with any relevant
47 information or records as may be contained in the division's information system.
48 6. When the child abuse and neglect hotline receives three or more calls, within a
49 seventy-two hour period, from one or more individuals concerning the same child, the
50 division shall conduct a review to determine whether the calls meet the criteria and statutory
51 definition for a child abuse and neglect report to be accepted. In conducting the review , the
52 division shall contact the hotline caller or callers in order to collect information to determine
53 whether the calls meet the criteria for harassment.
54 7. The local of fice shall contact the appropriate law enforcement agency immediately
55 upon receipt of a report which division personnel determine merits an investigation and
56 provide such agency with a detailed description of the report received. In such cases the local
57 division office shall request the assistance of the local law enforcement agency in all aspects
58 of the investigation of the complaint. The appropriate law enforcement agency shall either
59 assist the division in the investigation or provide the division, within twenty-four hours, an
60 explanation in writing detailing the reasons why it is unable to assist.
61 8. (1) The local of fice of the division shall cause an investigation or family
62 assessment and services approach to be initiated in accordance with the protocols established
63 in subsection 2 of this section, except in cases where the sole basis for the report is
64 educational neglect. If the report indicates that educational neglect is the only complaint and
65 there is no suspicion of other neglect or abuse, the investigation shall be initiated within
66 seventy-two hours of receipt of the report. If the report indicates the child is in danger of
67 serious physical harm or threat to life, an investigation shall include direct observation of the
68 subject child within twenty-four hours of the receipt of the report. Local law enforcement
69 shall take all necessary steps to facilitate such direct observation. Callers to the child abuse
70 and neglect hotline shall be instructed by the division's hotline to call 91 1 in instances where
71 the child may be in immediate danger . If the parents of the child are not the alleged
72 perpetrators, a parent of the child must be notified prior to the child being interviewed by the
73 division. No person responding to or investigating a child abuse and neglect report shall call
74 prior to a home visit or leave any documentation of any attempted visit, such as business
75 cards, pamphlets, or other similar identifying information if he or she has a reasonable basis
76 to believe the following factors are present:
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77 (a) a. No person is present in the home at the time of the home visit; and
78 b. The alleged perpetrator resides in the home or the physical safety of the child may
79 be compromised if the alleged perpetrator becomes aware of the attempted visit;
80 (b) The alleged perpetrator will be alerted regarding the attempted visit; or
81 (c) The family has a history of domestic violence or fleeing the community .
82 (2) If the division is responding to an investigation of abuse or neglect, the person
83 responding shall first ensure safety of the child through direct observation and
8 4 communication with the child. If the parent or alleged perpetrator is present during a visit
85 by the person responding to or investigating the report, such person shall present
86 identification and verbally identify himself or herself and his or her role in the
8 7 investigation and shall provide written material to the parent or alleged perpetrator
88 informing him or her of his or her rights regarding such visit, including but not limited to the
89 right to contact an attorney . The parent or alleged perpetrator shall be given a reasonable
90 amount of time to read such written material or have such material read to him or her by the
91 case worker before the visit commences, but in no event shall such time exceed five minutes;
92 except that, such requirement to provide written material and reasonable time to read such
93 material shall not apply in cases where the child faces an immediate threat or danger , or the
94 person responding to or investigating the report is or feels threatened or in danger of physical
95 harm. If the abuse is alleged to have occurred in a school or child care facility the division
96 shall not meet with the child in any school building or child care facility building where abuse
97 of such child is alleged to have occurred. When the child is reported absent from the
98 residence, the location and the well-being of the child shall be verified. For purposes of this
99 subsection, child care facility shall have the same meaning as such term is defined in section
100 210.201.
101 (3) If the division is responding to an assessment of abuse or neglect, the person
102 responding shall present identification and verbally identify himself or herself and his or her
103 role in the investigation and provide a parent of the child with notification prior to the child
104 being interviewed by the person responding and shall provide written material to the parent
105 informing him or her of his or her rights regarding such visit, including, but not limited to, the
106 right to contact an attorney . The parent shall be given a reasonable amount of time to read
107 such written material or have such material read to him or her by the case worker before the
108 visit commences, but in no event shall such time exceed five minutes; except that, such
109 requirement to provide written material and reasonable time to read such material shall not
110 apply in cases where the child faces immediate threat or danger , the person responding to or
111 investigating the report is or feels threatened or in danger of physical harm, or any of the
112 exceptions in subdivision (1) of this subsection would apply .
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113 9. The director of the division shall name at least one chief investigator for each local
114 division of fice, who shall direct the division response on any case involving a second or
115 subsequent incident regarding the same subject child or perpetrator . The duties of a chief
116 investigator shall include verification of direct observation of the subject child by the division
117 and shall ensure information regarding the status of an investigation is provided to the public
118 school district liaison. The public school district liaison shall develop protocol in conjunction
119 with the chief investigator to ensure information regarding an investigation is shared with
120 appropriate school personnel. The superintendent of each school district shall designate a
121 specific person or persons to act as the public school district liaison. Should the subject child
122 attend a nonpublic school the chief investigator shall notify the school principal of the
123 investigation. Upon notification of an investigation, all information received by the public
124 school district liaison or the school shall be subject to the provisions of the federal Family
125 Educational Rights and Privacy Act (FERP A), 20 U.S.C. Section 1232g, and federal rule 34
126 C.F .R. Part 99.
127 10. The investigation shall include but not be limited to the nature, extent, and cause
128 of the abuse or neglect; the identity and age of the person responsible for the abuse or neglect;
129 the names and conditions of other children in the home, if any; the home environment and the
130 relationship of the subject child to the parents or other persons responsible for the child's care;
131 any indication of incidents of physical violence against any other household or family
132 member; and other pertinent data.
133 1 1. When a report has been made by a person required to report under section
134 210.1 15, the division shall contact the person who made such report within forty-eight hours
135 of the receipt of the report in order to ensure that full information has been received and to
136 obtain any additional information or medical records, or both, that may be pertinent.
137 12. Upon completion of the investigation, if the division suspects that the report was
138 made maliciously or for the purpose of harassment, the division shall refer the report and any
139 evidence of malice or harassment to the local prosecuting or circuit attorney .
140 13. Multidisciplinary teams shall be used whenever conducting the investigation as
141 determined by the division in conjunction with local law enforcement. Multidisciplinary
142 teams shall be used in providing protective or preventive social services, including the
143 services of law enforcement, a liaison of the local public school, the juvenile of ficer , the
144 juvenile court, and other agencies, both public and private.
145 14. For all family support team meetings involving an alleged victim of child abuse or
146 neglect, the parents, legal counsel for the parents, foster parents, the legal guardian or
147 custodian of the child, the guardian ad litem for the child, the child's counsel, and the
148 volunteer advocate for the child shall be provided notice and be permitted to attend all such
149 meetings. Family members, other than alleged perpetrators, or other community informal or
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150 formal service providers that provide significant support to the child and other individuals
151 may also be invited at the discretion of the parents of the child. In addition, the parents, the
152 legal counsel for the parents, the legal guardian or custodian and the foster parents may
153 request that other individuals, other than alleged perpetrators, be permitted to attend such
154 team meetings. Once a person is provided notice of or attends such team meetings, the
155 division or the convenor of the meeting shall provide such persons with notice of all such
156 subsequent meetings involving the child. Families may determine whether individuals
157 invited at their discretion shall continue to be invited.
158 15. If the appropriate local division personnel determine after an investigation has
159 begun that completing an investigation is not appropriate, the division shall conduct a family
160 assessment and services approach. The division shall provide written notification to local law
161 enforcement prior to terminating any investigative process. The reason for the termination of
162 the investigative process shall be documented in the record of the division and the written
163 notification submitted to local law enforcement. Such notification shall not preclude nor
164 prevent any investigation by law enforcement.
165 16. If the appropriate local division personnel determines to use a family assessment
166 and services approach, the division shall:
167 (1) Assess any service needs of the family . The assessment of risk and service needs
168 shall be based on information gathered from the family and other sources;
169 (2) Provide services which are voluntary and time-limited unless it is determined by
170 the division based on the assessment of risk that there will be a high risk of abuse or neglect if
171 the family refuses to accept the services. The division shall identify services for families
172 where it is determined that the child is at high risk of future abuse or neglect. The division
173 shall thoroughly document in the record its attempt to provide voluntary services and the
174 reasons these services are important to reduce the risk of future abuse or neglect to the child.
175 If the family continues to refuse voluntary services or the child needs to be protected, the
176 division may commence an investigation;
177 (3) Commence an immediate investigation if at any time during the family
178 assessment and services approach the division determines that an investigation, as delineated
179 in sections 210.109 to 210.183, is required. The division staff who have conducted the
180 assessment may remain involved in the provision of services to the child and family;
181 (4) Document at the time the case is closed, the outcome of the family assessment and
182 services approach, any service provided and the removal of risk to the child, if it existed.
183 17. (1) W ithin forty-five days of an oral report of abuse or neglect, the local of fice
184 shall update the information in the information system. The information system shall contain,
185 at a minimum, the determination made by the division as a result of the investigation,
186 identifying information on the subjects of the report, those responsible for the care of the
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187 subject child and other relevant dispositional information. The division shall complete all
188 investigations within forty-five days, unless good cause for the failure to complete the
189 investigation is specifically documented in the information system. Good cause for failure to
190 complete an investigation shall include, but not be limited to:
191 (a) The necessity to obtain relevant reports of medical providers, medical examiners,
192 psychological testing, law enforcement agencies, forensic testing, and analysis of relevant
193 evidence by third parties which has not been completed and provided to the division;
194 (b) The attorney general or the prosecuting or circuit attorney of the city or county in
195 which a criminal investigation is pending certifies in writing to the division that there is a
196 pending criminal investigation of the incident under investigation by the division and the
197 issuing of a decision by the division will adversely impact the progress of the investigation; or
198 (c) The child victim, the subject of the investigation or another witness with
199 information relevant to the investigation is unable or temporarily unwilling to provide
200 complete information within the specified time frames due to illness, injury , unavailability ,
201 mental capacity , age, developmental disability , or other cause.
202
203 The division shall document any such reasons for failure to complete the investigation.
204 (2) If a child fatality or near -fatality is involved in a report of abuse or neglect, the
205 investigation shall remain open until the division's investigation surrounding such death or
206 near -fatal injury is completed.
207 (3) If the investigation is not completed within forty-five days, the information
208 system shall be updated at regular intervals and upon the completion of the investigation,
209 which shall be completed no later than ninety days after receipt of a report of abuse or
210 neglect, or one hundred twenty days after receipt of a report of abuse or neglect involving
211 sexual abuse, or until the division's investigation is complete in cases involving a child
212 fatality or near -fatality . The information in the information system shall be updated to reflect
213 any subsequent findings, including any changes to the findings based on an administrative or
214 judicial hearing on the matter .
215 18. A person required to report under section 210.1 15 to the division and any person
216 making a report of child abuse or neglect made to the division which is not made
217 anonymously shall be informed by the division of his or her right to obtain information
218 concerning the disposition of his or her report. Such person shall receive, from the local
219 of fice, if requested, information on the general disposition of his or her report. Such person
220 may receive, if requested, findings and information concerning the case. Such release of
221 information shall be at the discretion of the director based upon a review of the reporter's
222 ability to assist in protecting the child or the potential harm to the child or other children
223 within the family . The local of fice shall respond to the request within forty-five days. The
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224 findings shall be made available to the reporter within five days of the outcome of the
225 investigation. If the report is determined to be unsubstantiated, the reporter may request that
226 the report be referred by the division to the office of child advocate for children's protection
227 and services established in sections 37.700 to 37.730. Upon request by a reporter under this
228 subsection, the division shall refer an unsubstantiated report of child abuse or neglect to the
229 of fice of child advocate for children's protection and services.
230 19. The division shall provide to any individual who is not satisfied with the results of
231 an investigation information about the office of child advocate and the services it may provide
232 under sections 37.700 to 37.730.
233 20. In any judicial proceeding involving the custody of a child the fact that a report
234 may have been made pursuant to sections 210.109 to 210.183 shall not be admissible.
235 However:
236 (1) Nothing in this subsection shall prohibit the introduction of evidence from
237 independent sources to support the allegations that may have caused a report to have been
238 made; and
239 (2) The court may on its own motion, or shall if requested by a party to the
240 proceeding, make an inquiry not on the record with the children's division to determine if
241 such a report has been made.
242
243 If a report has been made, the court may stay the custody proceeding until the children's
244 division completes its investigation.
245 21. Nothing in this chapter shall be construed to prohibit the children's division from
246 coinvestigating a report of child abuse or neglect or sharing records and information with
247 child welfare, law enforcement, or judicial officers of another state, territory , or nation if the
248 children's division determines it is appropriate to do so under the standard set forth in
249 subsection 4 of section 210.150 and if such receiving agency is exercising its authority under
250 the law .
251 22. In any judicial proceeding involving the custody of a child where the court
252 determines that the child is in need of services under paragraph (d) of subdivision (1) of
253 subsection 1 of section 21 1.031 and has taken jurisdiction, the child's parent, guardian or
254 custodian shall not be entered into the registry .
255 23. The children's division is hereby granted the authority to promulgate rules and
256 regulations pursuant to the provisions of section 207.021 and chapter 536 to carry out the
257 provisions of sections 210.109 to 210.183.
258 24. Any rule or portion of a rule, as that term is defined in section 536.010, that is
259 created under the authority delegated in this section shall become ef fective only if it complies
260 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
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261 This section and chapter 536 are nonseverable and if any of the powers vested with the
262 general assembly pursuant to chapter 536 to review , to delay the ef fective date or to
263 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
264 rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid
265 and void.
210.156. 1. The children's division shall make available to the state registrar of vital
2 statistics the identifying information of the following individuals of whom the division has
3 knowledge:
4 (1) Individuals whose parental rights have been terminated under section 21 1.447 and
5 who are identified in the central registry as having a finding by the division or a court
6 adjudication of child abuse or neglect within the previous ten years; and
7 (2) Individuals identified in the central registry who have pled guilty or have been
8 found guilty , within the previous ten years, of an of fense under the following, if the victim is a
9 child less than eighteen years of age: chapter 566 or section 565.020, 565.021, 565.023,
10 565.024, 567.016, 567.050 as it existed prior to August 28, 2026 , 568.020, 568.065,
11 573.023, 573.025, 573.035, 573.037, 573.040, 573.200, or 573.205.
12 2. The state registrar shall provide to the division the birth record information of
13 children born to individuals whose identifying information has been provided under
14 subsection 1 of this section. The division shall verify that the parent of the child is the same
15 individual whose identifying information was provided and, if the parent's identity has been
16 verified, shall provide the appropriate local office with information regarding the birth of the
17 child. Appropriate local division personnel, or local providers designated by the division,
18 shall initiate contact with the family , or make a good faith ef fort to do so, to determine if the
19 parent or family has a need for services and provide such voluntary and time-limited services
20 as appropriate. The division shall document the results of such contact and services provided,
21 if any , in the information system established under section 210.109.
22 3. The children's division and the state registrar shall ensure the confidentiality of all
23 identifying information and birth records provided under this section and shall not disclose
24 such information and records except as needed to ef fectuate the provisions of this section.
25 Such information and records shall be considered closed records under chapter 610.
26 4. The division may promulgate rules and regulations to implement the provisions of
27 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is
28 created under the authority delegated in this section shall become ef fective only if it complies
29 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
30 This section and chapter 536 are nonseverable and if any of the powers vested with the
31 general assembly pursuant to chapter 536 to review , to delay the ef fective date, or to
32 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
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33 rulemaking authority and any rule proposed or adopted after August 28, 2021, shall be invalid
34 and void.
226.531. 1. As used in this section the following terms mean:
2 (1) "Adult cabaret", a nightclub, bar , restaurant, or similar establishment in which
3 persons appear in a state of nudity , as defined in section 573.500, or seminudity , in the
4 performance of their duties;
5 (2) "Seminudity", a state of dress in which opaque clothing fails to cover the genitals,
6 anus, anal cleft or cleavage, pubic area, vulva, nipple and areola of the female breast below a
7 horizontal line across the top of the areola at its highest point. Seminudity shall include the
8 entire lower portion of the female breast, but shall not include any portion of the cleavage of
9 the human female breast exhibited by wearing apparel provided the areola is not exposed in
10 whole or part;
11 (3) "Sexually oriented business", any business which of fers its patrons goods of
12 which a substantial portion are sexually oriented materials. Any business where more than
13 ten percent of display space is used for sexually oriented materials shall be presumed to be a
14 sexually oriented business;
15 (4) "Sexually oriented materials", any textual, pictorial, or three-dimensional material
16 that depicts nudity , sexual conduct, sexual excitement, or sadomasochistic abuse in a way
17 which is patently of fensive to the average person applying contemporary adult community
18 standards with respect to what is suitable for minors.
19 2. No billboard or other exterior advertising sign for an adult cabaret or sexually
20 oriented business shall be located within one mile of any state highway except if such
21 business is located within one mile of a state highway then the business may display a
22 maximum of two exterior signs on the premises of the business, consisting of one
23 identification sign and one sign solely giving notice that the premises are of f limits to minors.
24 The identification sign shall be no more than forty square feet in size and shall include no
25 more than the following information: name, street address, telephone number , and operating
26 hours of the business.
27 3. Signs existing on August 28, 2004, which did not conform to the requirements of
28 this section, may be allowed to continue as a nonconforming use, but should be made to
29 conform within three years from August 28, 2004.
30 4. Any owner of such a business who violates the provisions of this section shall be
31 guilty of a class C misdemeanor . Each week a violation of this section continues to exist shall
32 constitute a separate of fense.
33 5. This section is designed to protect the following public policy interests of this state,
34 including but not limited to: to mitigate the adverse secondary effects of sexually oriented
35 businesses, to improve traff ic safety , to limit harm to minors, and to reduce [ prostitution ]
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36 commer cial sexual exploitation , crime, juvenile delinquency , deterioration in property
37 values, and lethar gy in neighborhood improvement effor ts.
513.605. As used in sections 513.600 to 513.645, unless the context clearly indicates
2 otherwise, the following terms mean:
3 (1) (a) "Beneficial interest":
4 a. The interest of a person as a beneficiary under any other trust arrangement pursuant
5 to which a trustee holds legal or record title to real property for the benefit of such person; or
6 b. The interest of a person under any other form of express fiduciary arrangement
7 pursuant to which any other person holds legal or record title to real property for the benefit
8 of such person;
9 (b) "Beneficial interest" does not include the interest of a stockholder in a corporation
10 or the interest of a partner in either a general partnership or limited partnership. A beneficial
11 interest shall be deemed to be located where the real property owned by the trustee is located;
12 (2) "Civil proceeding", any civil suit commenced by an investigative agency under
13 any provision of sections 513.600 to 513.645;
14 (3) "Criminal activity" is the commission, attempted commission, conspiracy to
15 commit, or the solicitation, coercion or intimidation of another person to commit any crime
16 which is char geable by indictment or information under the following Missouri laws:
17 (a) Chapter 195, relating to drug regulations;
18 (b) Chapter 301, relating to registration and licensing of motor vehicles;
19 (c) Chapter 304, but relating only to felony violations of this chapter involving the
20 use of a motor vehicle;
21 (d) Chapter 31 1, but relating only to felony violations of this chapter committed by
22 persons not duly licensed by the supervisor of liquor control;
23 (e) Chapter 409, relating to regulation of securities;
24 (f) Chapter 491, relating to witnesses;
25 (g) Chapter 565, relating to of fenses against the person;
26 (h) Chapter 566, relating to sexual offenses ;
27 (i) Chapter 567, relating to prostitution as it existed prior to August 28, 2026, or
28 commer cial sexual exploitation ;
29 (j) Chapter 568, relating to of fenses against the family;
30 (k) Chapter 569, relating to robbery , arson, bur glary and related offenses ;
31 (l) Chapter 570, relating to stealing and related offenses;
32 (m) Chapter 571, relating to weapons of fenses;
33 (n) Chapter 572, relating to gambling;
34 (o) Chapter 573, relating to pornography and related of fenses;
35 (p) Chapter 574, relating to of fenses against public order;
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36 (q) Chapter 575, relating to of fenses against the administration of justice;
37 (r) Chapter 578, but only relating to of fenses by a criminal street gang;
38 (4) "Criminal proceeding", any criminal prosecution commenced by an investigative
39 agency under any criminal law of this state;
40 (5) "Investigative agency", the attorney general's of fice, or the office of any
41 prosecuting attorney or circuit attorney;
42 (6) "Pecuniary value":
43 (a) Anything of value in the form of money , a negotiable instrument, a commercial
44 interest, or anything else the primary significance of which is economic advantage; or
45 (b) Any other property or service that has a value in excess of one hundred dollars;
46 (7) "Real property", any estate or legal or equitable interest in land situated in this
47 state or any interest in such real property , including, but not limited to, any lease or deed of
48 trust upon such real property;
49 (8) "Seizing agency", the agency which is the primary employer of the of ficer or
50 agent seizing the property , including any agency in which one or more of the employees
51 acting on behalf of the seizing agency is employed by the state of Missouri or any political
52 subdivision of this state;
53 (9) "Seizure", the point at which any law enforcement officer or agent discovers and
54 exercises any control over property that an of ficer or agent has reason to believe was used or
55 intended for use in the course of, derived from, or realized through criminal activity . Seizure
56 includes but is not limited to preventing anyone found in possession of the property from
57 leaving the scene of the investigation while in possession of the property;
58 (10) (a) "T rustee":
59 a. Any person who holds legal or record title to real property for which any other
60 person has a beneficial interest; or
61 b. Any successor trustee or trustees to any of the foregoing persons;
62 (b) "T rustee" does not include the following:
63 a. Any person appointed or acting as a personal representative under chapter 475 or
64 under chapter 473;
65 b. Any person appointed or acting as a trustee of any testamentary trust or as trustee
66 of any indenture of trust under which any bonds are or are to be issued.
545.940. 1. Pursuant to a motion filed by the prosecuting attorney or circuit attorney
2 with notice given to the defense attorney and for good cause shown, in any criminal case in
3 which a defendant has been char ged by the prosecuting attorney's of fice or circuit attorney's
4 of fice with any of fense under chapter 566 or section 565.050, assault in the first degree;
5 section 565.052 or 565.060, assault in the second degree; section 565.054 or 565.070, assault
6 in the third degree; section 565.056, assault in the fourth degree; section 565.072, domestic
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7 assault in the first degree; section 565.073, domestic assault in the second degree; section
8 565.074, domestic assault in the third degree; section 565.075, assault while on school
9 property; section 565.076, domestic assault in the fourth degree; section 565.081, 565.082, or
10 565.083, assault of a law enforcement of ficer , corrections of ficer , emer gency personnel,
11 highway worker in a construction zone or work zone, utility worker , cable worker , or
12 probation and parole of ficer in the first, second, or third degree; section 567.016, commer cial
13 sexual exploitation; section 567.020, prostitution as it existed prior to August 28, 2026 ;
14 section 568.045, endangering the welfare of a child in the first degree; section 568.050,
15 endangering the welfare of a child in the second degree; section 568.060, abuse of a child;
16 section 575.150, resisting or interfering with an arrest; or subdivision (2) or (3) of subsection
17 2 of section 191.677, knowingly or recklessly exposing a person to a serious infectious or
18 communicable disease, the court may order that the defendant be conveyed to a state-, city-,
19 or county-operated HIV clinic for testing for HIV , hepatitis B, hepatitis C, syphilis,
20 gonorrhea, and chlamydia. The results of such tests shall be released to the victim and his or
21 her parent or legal guardian if the victim is a minor . The results of such tests shall also be
22 released to the prosecuting attorney or circuit attorney and the defendant's attorney . The
23 state's motion to obtain said testing, the court's order of the same, and the test results shall be
24 sealed in the court file.
25 2. As used in this section, "HIV" means the human immunodeficiency virus that
26 causes acquired immunodeficiency syndrome.
566.103. 1. A person or entity commits the of fense of promoting online sexual
2 solicitation if such person or entity knowingly permits a web-based classified service owned
3 or operated by such person or entity to be used by individuals to post advertisements
4 promoting [ prostitution ] commer cial sexual exploitation , enticing a child to engage in
5 sexual conduct, or promoting sexual traf ficking of a child after receiving notice under this
6 section.
7 2. As used in this section, the term "web-based classified service" means a person or
8 entity in whose name a specific URL or internet domain name is registered which has
9 advertisements for goods and services or personal advertisements.
10 3. An advertisement may be deemed to promote [ prostitution ] commer cial sexual
11 exploitation , entice a child to engage in sexual conduct, or promote sexual traff icking of a
12 child, if the content of such advertisement would be interpreted by a reasonable person [ as
13 of fering to exchange sexual conduct for goods or services in violation of chapter 567, ] as
14 seeking a child for the purpose of sexual conduct or commercial sex act, or as of fering a child
15 as a participant in sexual conduct or commercial sex act in violation of section 566.151,
16 566.210, or 566.21 1.
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17 4. It shall be prima facie evidence that a person or entity acts knowingly if an
18 advertisement is not removed from the web-based classified service within seventy-two hours
19 of that person or entity being notified that an advertisement has been posted on that service
20 which is prohibited under this section.
21 5. Notice under this section may be provided by certified mail or facsimile
22 transmission by the attorney general or any prosecuting attorney or circuit attorney .
23 6. A violation of this section shall be a felony , punishable by a fine in the amount of
24 five thousand dollars per day that the advertisement remains posted on the web-based
25 classified service after seventy-two hours of when notice has been provided pursuant to this
26 section.
27 7. Original jurisdiction for prosecution of a violation of this section shall be with the
28 local prosecuting attorney or circuit attorney .
566.223. 1. Any individual who is alleging that a violation of sections 566.200 to
2 566.218 and section 578.475 has occurred against his or her person shall be af forded the
3 rights and protections provided in the federal T raff icking V ictims Protection Act of 2000,
4 Public Law 106-386, as amended.
5 2. [ It is an af firmative defense for the of fense of prostitution under section 567.020
6 that the defendant engaged in the conduct char ged to constitute an of fense because he or she
7 was coerced to do so by the use of, or threatened use of, unlawful physical force upon himself
8 or herself or a third person, which force or threatened force a person of reasonable firmness in
9 his or her situation would have been unable to resist.
10 3. ] The department of public safety is authorized to establish procedures for
11 identifying victims of traf ficking under sections 566.200 to 566.223. The department may
12 establish training programs as well as standard protocols for appropriate agencies to educate
13 of ficials and employees on state statutes and federal laws regulating human traff icking and
14 with the identification and assistance of victims of human traf ficking. Such agencies may
15 include but not be limited to state employees and contractors, including the children's division
16 of the department of social services, juvenile courts, state law enforcement agencies, health
17 care professionals, and runaway and homeless youth shelter administrators.
18 [ 4. ] 3. As soon as possible after a first encounter with a person who reasonably
19 appears to a law enforcement agency to be a victim of traf ficking as defined in section
20 566.200, that agency or of fice shall notify the department of social services and, where
21 applicable, juvenile justice authorities that the person may be a victim of traff icking, in order
22 that such agencies may determine whether the person may be eligible for state or federal
23 services, programs, or assistance.
24 [ 5. ] 4. The department of social services may coordinate with relevant state, federal,
25 and local agencies to evaluate appropriate services for victims of traf ficking. State agencies
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26 may implement programs and enter into contracts with nonprofit agencies, domestic and
27 sexual violence shelters, and other nongovernment or ganizations to provide services to
28 confirmed victims of traf ficking, insofar as funds are available for that purpose. Such
29 services may include, but are not limited to, case management, emer gency temporary
30 housing, health care, mental health counseling, alcohol and drug addiction screening and
31 treatment, language interpretation and translation services, English language instruction, job
32 training, and placement assistance.
33 [ 6. ] 5. A victim of traff icking may bring a civil action against a person or persons who
34 plead guilty to or are found guilty of a violation of section 566.203, 566.206, 566.209,
35 566.210, or 566.21 1 to recover the actual damages sustained by the victim, court costs,
36 including reasonable attorney's fees, and punitive damages, when determined to be
37 appropriate by the court. Any action commenced under this section shall be filed within
38 ten years after the later of:
39 (1) The final order in the related criminal case;
40 (2) The victim's emancipation from the defendant; or
41 (3) The victim's eighteenth birthday .
42 [ 7. ] 6. The attorney general may bring a civil action, in the circuit court in which the
43 victim of traf ficking was found, to recover from any person or entity that benefits, financially
44 or by receiving anything of value, from violations of section 566.203, 566.206, 566.209,
45 566.210, or 566.21 1, a civil penalty of not more than fifty thousand dollars for each violation
46 of section 566.203, 566.206, 566.209, 566.210, or 566.21 1, and injunctive and other equitable
47 relief as the court may , in its discretion, order . The first priority of any money or property
48 collected under such an action shall be to pay restitution to the victims of traff icking on whose
49 behalf the civil action was brought.
567.010. As used in this chapter , the following terms mean:
2 (1) [ "Deviate sexual intercourse", any sexual act involving the genitals of one person
3 and the mouth, hand, tongue, or anus of another person; or any act involving the penetration,
4 however slight, of the penis, the female genitalia, or the anus by a finger , instrument, or object
5 done for the purpose of arousing or gratifying the sexual desire of any person or for the
6 purpose of terrorizing the victim;
7 (2) "Persistent prostitution of fender", a person who has been found guilty of two or
8 more prostitution-related of fenses;
9 (3) "Prostitution-related of fense", any violation of state law for prostitution,
10 patronizing prostitution, or promoting prostitution;
11 (4) "Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual
12 contact;
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13 (5) "Sexual contact", any touching of another person with the genitals or any touching
14 of the genitals or anus of another person or the breast of a female person, or such touching
15 through the clothing, for the purpose of arousing or gratifying sexual desire of any person or
16 for the purpose of terrorizing the victim;
17 (6) "Sexual intercourse", any penetration, however slight, of the female genitalia by
18 the penis;
19 (7) "Something of value", any money or property , or any token, object or article
20 exchangeable for money or property ] "Coer cion":
21 (a) A thr eat of serious harm, including physical or financial harm, to or physical
22 r estraint against any person;
23 (b) Any scheme, plan, or pattern intended to cause a person to believe that
24 failur e to perform an act would res ult in serious bodily or financial harm to or physical
25 r estraint of any person;
26 (c) The abuse or thr eatened abuse of law or legal pr ocess;
27 (d) Wi thholding, destr oying, or confiscating any actual or purported passport,
28 immigration document, or any other government identification document of another
29 person;
30 (e) Pr oviding a drug, including alcohol, to another person with the intent to
31 impair the person's judgment or maintain a state of chemical dependence;
32 (f) Wr ongfully taking, obtaining, or withholding any pr operty of another
33 person;
34 (g) Blackmail;
35 (h) Asserting control over the finances of another person; or
36 (i) Withho lding or thr eatening to withhold food or medication;
37 (2) "Commerci al sex act", any sex act, which includes sexual penetration,
38 masturbation, or sexual activity , on account of which anything of value is given to,
39 pr omised, or r eceived by any person;
40 (3) "Sexual activity", any:
41 (a) Knowing touching or fondling by another person, either dir ectly or thr ough
42 clothing, of the sex organs, anus, or br east of the victim or another person for the
43 purpose of sexual gratification or ar ousal;
44 (b) T ransfer or transmission of semen upon any part of the clothed or unclothed
45 body of a person for the purpose of sexual gratification or arousal of another;
46 (c) Act of urination within a sexual context;
47 (d) Bondage, fetter , sadism, or masochism; or
48 (e) Sadomasochism abuse in any sexual context .
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567.016. 1. A person commits the offense of commer cial sexual exploitation if
2 such person:
3 (1) Patron izes a person under eighteen years of age for a commerc ial sex act;
4 (2) Patr onizes any person for a commer cial sex act and such person is being
5 compelled thr ough for ce, fraud, or coercio n to engage in the commer cial sex act;
6 (3) Knowingly promot es a commer cial sex act of a person who is under eighteen
7 years of age;
8 (4) Knowingly pr omotes a commer cial sex act by coer cing any person to enter
9 into, engage in, or re main in commer cial sexual exploitation; or
10 (5) Owns, manages, or operates an interactive computer service, or conspir es or
11 attempts to do so, with the intent to promot e or facilitate commer cial sexual exploitation
12 that contributed to the offense of trafficking for the purposes of sexual exploitation
13 under section 566.209. As used in this subdivision, "interactive computer service"
14 means any information service, system, or access software pro vider that pr ovides or
15 enables computer access by multiple users to a computer server , including specifically a
16 service or system that provi des access to the internet and such systems operated or
17 services offered by libraries or educational institutions.
18 2. It shall be an affirmative defense under subdivision (2) of subsection 1 of this
19 section if the person patro nizing commerci al sexual exploitation had no knowledge that
20 the commer cial sex act was being compelled thr ough for ce, fraud, or coer cion.
21 3. It shall not be a defense under subdivision (1) of subsection 1 of this section
22 that the person believed that the individual he or she patroni zed for a commer cial sex
23 act was eighteen years of age or older .
24 4. Pr omoting commer cial sexual exploitation under subdivision (3) of subsection
25 1 of this section shall be consider ed abuse of a child, as defined under section 210.1 10,
26 and such abuse shall be rep orted as r equir ed under section 210.1 15.
27 5. The offense of commer cial sexual exploitation under subdivision (1) of
28 subsection 1 of this section is a class E felony if the person patr onized is fifteen years of
29 age or older but under eighteen years of age and a class D felony if the person
30 patr onized is fourteen years of age or under . Nothing in this subsection shall preclu de
31 the pro secution of an individual for the offenses of:
32 (1) Statutory rape in the first degr ee under section 566.032; or
33 (2) Statutory rape in the second degr ee under section 566.034.
34 6. The offense of commer cial sexual exploitation under subdivision (2) of
35 subsection 1 of this section is a class B misdemeanor .
36 7. The offense of commer cial sexual exploitation under subdivision (3) of
37 subsection 1 of this section is a class D felony if the person being promot ed is sixteen or
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38 seventeen years of age and a class B felony if the person being pro moted is under sixteen
39 years of age.
40 8. The offense of commer cial sexual exploitation under subdivision (4) of
41 subsection 1 of this section is a class B felony .
42 9. The offense of commer cial sexual exploitation under subdivision (5) of
43 subsection 1 of this section is a class A felony .
44 10. (1) A person injured by the acts committed in violation of subdivision (5) of
45 subsection 1 of this section or subdivision (3) of subsection 1 of this section if the person
46 being pr omoted is under sixteen years of age shall have a civil cause of action to rec over
47 damages and r easonable attorney's fees for such injury .
48 (2) In addition to the court's authority to order a defendant to make r estitution
49 for the damage or loss caused by his or her offense as pr ovided under section 559.105,
50 the court shall enter a judgment of restit ution against the defendant convicted of
51 violating subdivision (5) of subsection 1 of this section or subdivision (3) of subsection 1
52 of this section.
567.080. 1. Any room, building or other structure regularly used for [ any prostitution
2 activity ] commer cial sexual exploitation prohibited by this chapter is a public nuisance.
3 2. The attorney general, circuit attorney or prosecuting attorney may , in addition to all
4 criminal sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the
5 owner of the room, building or structure knew or had reason to believe that the premises were
6 being used regularly for [ prostitution activity ] commerc ial sexual exploitation , the court
7 may order that the premises shall not be occupied or used for such period as the court may
8 determine, not to exceed one year .
9 3. All persons, including owners, lessees, of ficers, agents, inmates or employees,
10 aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the
11 nuisance, and they may be enjoined from engaging in [ any prostitution activity ] commer cial
12 sexual exploitation anywhere within the jurisdiction of the court.
13 4. Appeals shall be allowed from the judgment of the court as in other civil actions.
573.503. Notwithstanding any provision of law to the contrary , any city not within a
2 county and any county may , by order or ordinance, require a background check be conducted
3 on all employees of any adult cabaret to ascertain whether any such employees have been
4 convicted of or have pled guilty to any misdemeanor or felony involving prostitution as it
5 existed prior to August 28, 2026, or aiding or abetting prostitution as it existed prior to
6 August 28, 2026, commer cial sexual exploitation , drug possession or traff icking, money
7 laundering, tax evasion, or illegal gambling activity .
573.525. 1. It is the purpose of sections 573.525 to 573.537 to regulate sexually
2 oriented businesses in order to promote the health, safety , and general welfare of the citizens
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3 of this state, and to establish reasonable and uniform regulations to prevent the deleterious
4 secondary effects of sexually oriented businesses within the state. The provisions of sections
5 573.525 to 573.537 have neither the purpose nor effect of imposing a limitation or restriction
6 on the content or reasonable access to any communicative materials, including sexually
7 oriented materials. Similarly , it is neither the intent nor ef fect of sections 573.525 to 573.537
8 to restrict or deny access by adults to sexually oriented materials protected by the first
9 amendment, or to deny access by the distributors and exhibitors of sexually oriented
10 entertainment to their intended market. Neither is it the intent nor effect of sections 573.525
11 to 573.537 to condone or legitimize the distribution of obscene material.
12 2. The general assembly finds that:
13 (1) Sexually oriented businesses, as a category of commercial enterprises, are
14 associated with a wide variety of adverse secondary ef fects, including but not limited to
15 personal and property crimes, [ prostitution, ] commer cial sexual exploitation, potential
16 spread of disease, lewdness, public indecency , obscenity , illicit drug use and drug traff icking,
17 negative impacts on surrounding properties, urban blight, litter , and sexual assault and
18 exploitation;
19 (2) Sexually oriented businesses should be separated from sensitive land uses to
20 minimize the impact of their secondary ef fects upon such uses, and should be separated from
21 other sexually oriented businesses, to minimize the secondary ef fects associated with such
22 uses and to prevent an unnecessary concentration of sexually oriented businesses in one area;
23 (3) Each of the foregoing negative secondary ef fects constitutes a harm which the
24 state has a substantial interest in preventing or abating, or both. Such substantial government
25 interest in preventing secondary ef fects, which is the state's rationale for sections 573.525 to
26 573.537, exists independent of any comparative analysis between sexually oriented and
27 nonsexually oriented businesses. Additionally , the state's interest in regulating sexually
28 oriented businesses extends to preventing future secondary ef fects of current or future
29 sexually oriented businesses that may locate in the state.
573.531. 1. No person shall establish a sexually oriented business within one
2 thousand feet of any preexisting primary or secondary school, house of worship, state-
3 licensed day care facility , public library , public park, residence, or other sexually oriented
4 business. This subsection shall not apply to any sexually oriented business lawfully
5 established prior to August 28, 2010. For purposes of this subsection, measurements shall be
6 made in a straight line, without regard to intervening structures or objects, from the closest
7 portion of the parcel containing the sexually oriented business to the closest portion of the
8 parcel containing the preexisting primary or secondary school, house of worship, state-
9 licensed day care facility , public library , public park, residence, or other sexually oriented
10 business.
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11 2. No person shall establish a sexually oriented business if a person with an
12 influential interest in the sexually oriented business has been found guilty of any of the
13 following specified of fenses for which less than eight years has elapsed since the date of
14 conviction or the date of release from confinement for the conviction, whichever is later:
15 (1) Rape and sexual assault of fenses;
16 (2) Sexual of fenses involving minors;
17 (3) Of fenses involving prostitution as it existed prior to August 28, 2026, or
18 commer cial sexual exploitation ;
19 (4) Obscenity of fenses;
20 (5) Offenses involving money laundering;
21 (6) Offenses involving tax evasion;
22 (7) Any attempt, solicitation, or conspiracy to commit one of the of fenses listed in
23 subdivisions (1) to (6) of this subsection; or
24 (8) Any of fense committed in another jurisdiction which if committed in this state
25 would have constituted an of fense listed in subdivisions (1) to (7) of this subsection.
26 3. No person shall knowingly or intentionally , in a sexually oriented business, appear
27 in a state of nudity .
28 4. No employee shall knowingly or intentionally , in a sexually oriented business,
29 appear in a semi-nude condition unless the employee, while semi-nude, shall be and remain
30 on a fixed stage at least six feet from all patrons and at least eighteen inches from the floor in
31 a room of at least six hundred square feet.
32 5. No employee, who appears in a semi-nude condition in a sexually oriented
33 business, shall knowingly or intentionally touch a patron or the clothing of a patron in a
34 sexually oriented business.
35 6. A sexually oriented business, which exhibits on the premises, through any
36 mechanical or electronic image-producing device, a film, video cassette, digital video disc, or
37 other video reproduction, characterized by an emphasis on the display of specified sexual
38 activities or specified anatomical areas shall comply with the following requirements:
39 (1) The interior of the premises shall be configured in such a manner that there is an
40 unobstructed view from an operator's station of every area of the premises, including the
41 interior of each viewing room but excluding restrooms, to which any patron is permitted
42 access for any purpose;
43 (2) An operator's station shall not exceed thirty-two square feet of floor area;
44 (3) If the premises has two or more operator's stations designated, the interior of the
45 premises shall be configured in such a manner that there is an unobstructed view of each area
46 of the premises to which any patron is permitted access for any purpose from at least one of
47 the operator's stations;
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48 (4) The view required under this subsection shall be by direct line of sight from the
49 operator's station;
50 (5) It is the duty of the operator to ensure that at least one employee is on duty and
51 situated in an operator's station at all times that any patron is on the portion of the premises
52 monitored by such operator station; and
53 (6) It shall be the duty of the operator and of any employees present on the premises
54 to ensure that the view area specified in this subsection remains unobstructed by any doors,
55 curtains, walls, merchandise, display racks, or other materials or enclosures at all times that
56 any patron is present on the premises.
57 7. Sexually oriented businesses that do not have stages or interior configurations
58 which meet at least the minimum requirements of sections 573.525 to 573.537 shall be given
59 one hundred eighty days after August 28, 2010, to comply with the stage and building
60 requirements of sections 573.525 to 573.537. During such one hundred eighty-day period,
61 any employee who appears within view of any patron in a semi-nude condition shall remain,
62 while semi-nude, at least six feet from all patrons.
63 8. No operator shall allow or permit a sexually oriented business to be or remain open
64 between the hours of 12:00 midnight and 6:00 a.m. on any day .
65 9. No person shall knowingly or intentionally sell, use, or consume alcoholic
66 beverages on the premises of a sexually oriented business.
67 10. No person shall knowingly allow a person under the age of eighteen years on the
68 premises of a sexually oriented business.
69 1 1. As used in this section, the following terms mean:
70 (1) "Establish" or "establishment", includes any of the following:
71 (a) The opening or commencement of any sexually oriented business as a new
72 business;
73 (b) The conversion of an existing business, whether or not a sexually oriented
74 business, to any sexually oriented business; or
75 (c) The addition of any sexually oriented business to any other existing sexually
76 oriented business;
77 (2) "Influential interest", includes any of the following:
78 (a) The actual power to operate a sexually oriented business or control the operation,
79 management, or policies of a sexually oriented business or legal entity which operates a
80 sexually oriented business;
81 (b) Ownership of a financial interest of thirty percent or more of a business or of any
82 class of voting securities of a business; or
83 (c) Holding an of fice, such as president, vice president, secretary , treasurer , managing
84 member , or managing director , in a legal entity which operates a sexually oriented business;
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85 (3) "V iewing room", the room, booth, or area where a patron of a sexually oriented
86 business would ordinarily be positioned while watching a film, video cassette, digital video
87 disc, or other video reproduction.
577.675. 1. A person commits the of fense of transportation of an illegal alien if he or
2 she knowingly transports, moves, or attempts to transport or move any illegal alien who is not
3 lawfully present in the United States, according to the terms of 8 U.S.C. Section 1 101, et seq.,
4 for the purposes of traff icking in violation of sections 566.200 to 566.215, drug traff icking in
5 violation of sections 579.065 and 579.068, prostitution as it existed prior to August 28,
6 2026, or commerc ial sexual exploitation in violation of chapter 567, or employment.
7 2. The of fense of transportation of an illegal alien is a class D felony .
8 3. Nothing in this section shall be construed to deny any victim of an offense under
9 sections 566.200 to 566.215 of rights affor ded by the federal T raff icking V ictims Protection
10 Act of 2000, Public Law 106-386, as amended.
578.421. 1. Sections 578.421 to 578.437 shall be known and may be cited as the
2 "Missouri Criminal Street Gangs Prevention Act".
3 2. As used in sections 578.421 to 578.437, the following terms mean:
4 (1) "Criminal street gang", any ongoing or ganization, association, or group of three or
5 more persons, whether formal or informal, having as one of its motivating activities the
6 commission of one or more of the criminal acts enumerated in subdivision (2) of this
7 subsection, whose members individually or collectively engage in or have engaged in a
8 pattern of criminal gang activity;
9 (2) "Pattern of criminal street gang activity", the commission, attempted commission,
10 or solicitation of two or more of the following of fenses, provided at least one of those
11 of fenses occurred after August 28, 1993, and the last of those of fenses occurred within three
12 years after a prior of fense, and the offenses are committed on separate occasions, or by two or
13 more persons:
14 (a) Assault with a deadly weapon or by means of force likely to cause serious
15 physical injury , as provided in sections 565.050 and 565.052;
16 (b) Robbery , arson and those of fenses under chapter 569 which are related to robbery
17 and arson;
18 (c) Murder or manslaughter , as provided in sections 565.020 to 565.024;
19 (d) Any violation of the provisions of chapter 579 which involves the distribution,
20 delivery or manufacture of a substance prohibited by chapter 579;
21 (e) Unlawful use of a weapon which is a felony pursuant to section 571.030;
22 (f) T ampering with witnesses and victims, as provided in section 575.270;
23 (g) Promoting online sexual solicitation, as provided in section 566.103;
24 (h) Sexual traff icking of a child in the first degree, as provided in section 566.210;
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25 (i) Sexual traf ficking of a child in the second degree, as provided in section 566.21 1;
26 (j) Patronizing prostitution, as provided in subsection 4 of section 567.030 , as it
27 existed prior to August 28, 2026, or commer cial sexual exploitation, as pr ovided under
28 subsection 5 of section 567.016 ;
29 (k) Promoting prostitution in the first degree, as provided in section 567.050 , as it
30 existed prior to August 28, 2026, or commer cial sexual exploitation, as pr ovided in
31 section 567.016 ;
32 (l) Promoting prostitution in the second degree, as provided in section 567.060 , as it
33 existed prior to August 28, 2026, or commer cial sexual exploitation, as pr ovided in
34 section 567.016 ;
35 (m) Abuse or neglect of a child, as provided in subsection 7 of section 568.060;
36 (n) Sexual exploitation of a minor , as provided in section 573.023;
37 (o) Child used in sexual performance, as provided in section 573.200;
38 (p) Promoting sexual performance by a child, as provided in section 573.205; or
39 (q) Any dangerous felony , as defined in section 556.061.
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 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 as it existed prior to August 28, 2026 ; promoting
16 prostitution in the second degree as it existed prior to August 28, 2026 ; promoting
17 prostitution in the third degree as it existed prior to August 28, 2026; commer cial sexual
18 exploitation ; sexual exploitation of a minor; promoting child pornography in the first degree;
19 promoting child pornography in the second degree; possession of child pornography;
20 furnishing pornographic material to minors; public display of explicit sexual material;
21 coercing acceptance of obscene material; promoting obscenity in the first degree; promoting
22 pornography for minors or obscenity in the second degree; incest; use of a child in a sexual
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23 performance; or promoting sexual performance by a child; patronizing prostitution if the
24 individual the person patronizes is less than eighteen years of 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 ,
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
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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 court orders the removal or exemption of such person from the registry under
69 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;
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.
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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
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 persons shall be exempt from registering as a sexual of fender upon
113 petition to the court of jurisdiction under section 589.401; except that, such person shall
114 remain on the sexual offender registry for any other offense for which he or she is required to
115 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;
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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.
137 10. Any person currently on the sexual of fender registry for having been adjudicated
138 for a tier I or II of fense or adjudicated delinquent for a tier III of fense or other comparable
139 of fenses listed under section 589.414 may file a petition under section 589.401.
140 1 1. Any nonresident worker , including work as a volunteer or intern, or nonresident
141 student shall register for the duration of such person's employment, including participation as
142 a volunteer or intern, or attendance at any school of higher education whether public or
143 private, including any secondary school, trade school, professional school, or institution of
144 higher education on a full-time or part-time basis in this state unless granted relief under
145 section 589.401. Any registered of fender shall provide information regarding any place in
146 which the offender is staying when away from his or her residence for seven or more days,
147 including the period of time the of fender is staying in such place. Any registered of fender
148 from another state who has a temporary residence in this state and resides more than seven
149 days in a twelve-month period shall register for the duration of such person's temporary
150 residency unless granted relief under section 589.401.
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;
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.
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19 3. The chief law enforcement of ficial in the county or city not within a county shall
20 immediately forward the registration changes described under subsections 1 and 2 of this
21 section to the Missouri state highway patrol within three business days.
22 4. If any person required by sections 589.400 to 589.425 to register changes such
23 person's residence or address to a dif ferent county or city not within a county , the person shall
24 appear in person and shall inform both the chief law enforcement of ficial with whom the
25 person last registered and the chief law enforcement officia l of the county or city not within a
26 county having jurisdiction over the new residence or address in writing within three business
27 days of such new address and phone number , if the phone number is also changed. If any
28 person required by sections 589.400 to 589.425 to register changes his or her state, territory ,
29 the District of Columbia, or foreign country , or federal, tribal, or military jurisdiction of
30 residence, the person shall appear in person and shall inform both the chief law enforcement
31 of ficial with whom the person was last registered and the chief law enforcement official of the
32 area in the new state, territory , the District of Columbia, or foreign country , or federal, tribal,
33 or military jurisdiction having jurisdiction over the new residence or address within three
34 business days of such new address. Whenever a registrant changes residence, the chief law
35 enforcement of ficial of the county or city not within a county where the person was
36 previously registered shall inform the Missouri state highway patrol of the change within
37 three business days. When the registrant is changing the residence to a new state, territory ,
38 the District of Columbia, or foreign country , or federal, tribal, or military jurisdiction, the
39 Missouri state highway patrol shall inform the responsible of ficial in the new state, territory ,
40 the District of Columbia, or foreign country , or federal, tribal, or military jurisdiction of
41 residence within three business days.
42 5. T ier I sexual of fenders, in addition to the requirements of subsections 1 to 4 of this
43 section, shall report in person to the chief law enforcement of ficial annually in the month of
44 their birth to verify the information contained in their statement made pursuant to section
45 589.407. T ier I sexual of fenders include:
46 (1) Any offender who has been adjudicated for the of fense of:
47 (a) Sexual abuse in the first degree under section 566.100 if the victim is eighteen
48 years of age or older;
49 (b) Sexual misconduct involving a child under section 566.083 if it is a first of fense
50 and the punishment is less than one year;
51 (c) Sexual abuse in the second degree under section 566.101 if the punishment is less
52 than a year;
53 (d) Kidnapping in the second degree under section 565.120 with sexual motivation;
54 (e) Kidnapping in the third degree under section 565.130;
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55 (f) Sexual conduct with a nursing facility resident or vulnerable person in the first
56 degree under section 566.1 15 if the punishment is less than one year;
57 (g) Sexual conduct under section 566.1 16 with a nursing facility resident or
58 vulnerable person;
59 (h) Sexual [ contact with a prisoner or offender ] conduct in the course of public duty
60 under section 566.145 if the victim is eighteen years of age or older;
61 (i) Sex with an animal under section 566.1 1 1;
62 (j) T raff icking for the purpose of sexual exploitation under section 566.209 if the
63 victim is eighteen years of age or older;
64 (k) Possession of child pornography under section 573.037;
65 (l) Sexual misconduct in the first degree under section 566.093;
66 (m) Sexual misconduct in the second degree under section 566.095;
67 (n) Child molestation in the second degree under section 566.068 as it existed prior to
68 January 1, 2017, if the punishment is less than one year; or
69 (o) Invasion of privacy under section 565.252 if the victim is less than eighteen years
70 of age;
71 (2) Any of fender who is or has been adjudicated in any other state, territory , the
72 District of Columbia, or foreign country , or under federal, tribal, or military jurisdiction of an
73 of fense of a sexual nature or with a sexual element that is comparable to the tier I sexual
74 of fenses listed in this subsection or , if not comparable to those in this subsection, comparable
75 to those described as tier I of fenses under the Sex Of fender Registration and Notification Act,
76 T itle I of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248.
77 6. T ier II sexual offenders , in addition to the requirements of subsections 1 to 4 of this
78 section, shall report semiannually in person in the month of their birth and six months
79 thereafter to the chief law enforcement of ficial to verify the information contained in their
80 statement made pursuant to section 589.407. T ier II sexual of fenders include:
81 (1) Any offender who has been adjudicated for the of fense of:
82 (a) Statutory sodomy in the second degree under section 566.064 if the victim is
83 sixteen to seventeen years of age;
84 (b) Child molestation in the third degree under section 566.069 if the victim is
85 between thirteen and fourteen years of age;
86 (c) Sexual contact with a student under section 566.086 if the victim is thirteen to
87 seventeen years of age;
88 (d) Enticement of a child under section 566.151;
89 (e) Abuse of a child under section 568.060 if the of fense is of a sexual nature and the
90 victim is thirteen to seventeen years of age;
91 (f) Sexual exploitation of a minor under section 573.023;
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92 (g) Promoting child pornography in the first degree under section 573.025;
93 (h) Promoting child pornography in the second degree under section 573.035;
94 (i) Patronizing prostitution under section 567.030 as it existed prior to August 28,
95 2026, or commer cial sexual exploitation under subdivision (1) or (2) of subsection 1 of
96 section 567.016 ;
97 (j) Sexual [ contact with a prisoner or offender ] conduct in the course of public duty
98 under section 566.145 if the victim is thirteen to seventeen years of age;
99 (k) Child molestation in the fourth degree under section 566.071 if the victim is
100 thirteen to seventeen years of age;
101 (l) Sexual misconduct involving a child under section 566.083 if it is a first of fense
102 and the penalty is a term of imprisonment of more than a year; or
103 (m) Age misrepresentation with intent to solicit a minor under section 566.153;
104 (2) Any person who is adjudicated of an of fense comparable to a tier I of fense listed
105 in this section or failure to register of fense under section 589.425 or comparable out-of-state
106 failure to register of fense and who is already required to register as a tier I of fender due to
107 having been adjudicated of a tier I of fense on a previous occasion; or
108 (3) Any person who is or has been adjudicated in any other state, territory , the District
109 of Columbia, or foreign country , or under federal, tribal, or military jurisdiction for an of fense
110 of a sexual nature or with a sexual element that is comparable to the tier II sexual of fenses
111 listed in this subsection or , if not comparable to those in this subsection, comparable to those
112 described as tier II of fenses under the Sex Of fender Registration and Notification Act, T itle I
113 of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248.
114 7. T ier III sexual offenders , in addition to the requirements of subsections 1 to 4 of
115 this section, shall report in person to the chief law enforcement official every ninety days to
116 verify the information contained in their statement made under section 589.407. T ier III
117 sexual of fenders include:
118 (1) Any offender registered as a predatory sexual of fender [ as defined in section
119 566.123 ] or a persistent sexual of fender as defined in section [ 566.124 ] 566.125 ;
120 (2) Any offender who has been adjudicated for the crime of:
121 (a) Rape in the first degree under section 566.030;
122 (b) Statutory rape in the first degree under section 566.032;
123 (c) Rape in the second degree under section 566.031;
124 (d) Endangering the welfare of a child in the first degree under section 568.045 if the
125 of fense is sexual in nature;
126 (e) Sodomy in the first degree under section 566.060;
127 (f) Statutory sodomy under section 566.062;
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128 (g) Statutory sodomy under section 566.064 if the victim is under sixteen years of
129 age;
130 (h) Sodomy in the second degree under section 566.061;
131 (i) Sexual misconduct involving a child under section 566.083 if the offense is a
132 second or subsequent of fense;
133 (j) Sexual abuse in the first degree under section 566.100 if the victim is under
134 thirteen years of age;
135 (k) Kidnapping in the first degree under section 565.1 10 if the victim is under
136 eighteen years of age, excluding kidnapping by a parent or guardian;
137 (l) Child kidnapping under section 565.1 15;
138 (m) Sexual conduct with a nursing facility resident or vulnerable person in the first
139 degree under section 566.1 15 if the punishment is greater than a year;
140 (n) Incest under section 568.020;
141 (o) Endangering the welfare of a child in the first degree under section 568.045 with
142 sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;
143 (p) Child molestation in the first degree under section 566.067;
144 (q) Child molestation in the second degree under section 566.068;
145 (r) Child molestation in the third degree under section 566.069 if the victim is under
146 thirteen years of age;
147 (s) Promoting prostitution in the first degree under section 567.050 as it existed prior
148 to August 28, 2026, if the victim is under eighteen years of age or commer cial sexual
149 exploitation under subdivision (4) or (5) of subsection 1 of section 567.016 if the victim is
150 under eighteen years of age ;
151 (t) Promoting prostitution in the second degree under section 567.060 as it existed
152 prior to August 28, 2026, if the victim is under eighteen years of age or commer cial sexual
153 exploitation under subdivision (3) of subsection 1 of section 567.016 ;
154 (u) Promoting prostitution in the third degree under section 567.070 as it existed
155 prior to August 28, 2026, if the victim is under eighteen years of age;
156 (v) Promoting travel for prostitution under section 567.085 as it existed prior to
157 August 28, 2026, if the victim is under eighteen years of age;
158 (w) T raf ficking for the purpose of sexual exploitation under section 566.209 if the
159 victim is under eighteen years of age;
160 (x) Sexual traff icking of a child in the first degree under section 566.210;
161 (y) Sexual traff icking of a child in the second degree under section 566.21 1;
162 (z) Genital mutilation of a female child under section 568.065;
163 (aa) Statutory rape in the second degree under section 566.034;
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164 (bb) Child molestation in the fourth degree under section 566.071 if the victim is
165 under thirteen years of age;
166 (cc) Sexual abuse in the second degree under section 566.101 if the penalty is a term
167 of imprisonment of more than a year;
168 (dd) Patronizing prostitution under section 567.030 as it existed prior to August 28,
169 2026, if the of fender is a persistent of fender or commer cial sexual exploitation under
170 subdivision (1) or (2) of subsection 1 of section 567.016 if the offender is a persistent
171 offender ;
172 (ee) Abuse of a child under section 568.060 if the of fense is of a sexual nature and the
173 victim is under thirteen years of age;
174 (f f) Sexual [ contact with a prisoner or of fender ] conduct in the course of public
175 duty under section 566.145 if the victim is under [ thirteen ] eighteen years of age;
176 [(gg) Sexual intercourse with a prisoner or of fender under section 566.145;
177 (hh) ] (gg) Sexual contact with a student under section 566.086 if the victim is under
178 thirteen years of age;
179 [ (ii) ] (hh) Use of a child in a sexual performance under section 573.200; or
180 [ (jj) ] (ii) Promoting a sexual performance by a child under section 573.205;
181 (3) Any of fender who is adjudicated for a crime comparable to a tier I or tier II
182 of fense listed in this section or failure to register of fense under section 589.425, or other
183 comparable out-of-state failure to register of fense, who has been or is already required to
184 register as a tier II of fender because of having been adjudicated for a tier II offense, two tier I
185 of fenses, or combination of a tier I of fense and failure to register of fense, on a previous
186 occasion;
187 (4) Any of fender who is adjudicated in any other state, territory , the District of
188 Columbia, or foreign country , or under federal, tribal, or military jurisdiction for an of fense of
189 a sexual nature or with a sexual element that is comparable to a tier III offense listed in this
190 section or a tier III of fense under the Sex Of fender Registration and Notification Act, T itle I
191 of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248; or
192 (5) Any of fender who is adjudicated in Missouri for any offense of a sexual nature
193 requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier
194 II of fense in this section.
195 8. In addition to the requirements of subsections 1 to 7 of this section, all Missouri
196 registrants who work, including as a volunteer or unpaid intern, or attend any school whether
197 public or private, including any secondary school, trade school, professional school, or
198 institution of higher education, on a full-time or part-time basis or have a temporary residence
199 in this state shall be required to report in person to the chief law enforcement of ficer in the
200 area of the state where they work, including as a volunteer or unpaid intern, or attend any
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201 school or training and register in that state. "Part-time" in this subsection means for more
202 than seven days in any twelve-month period.
203 9. If a person who is required to register as a sexual of fender under sections 589.400
204 to 589.425 changes or obtains a new online identifier as defined in section 43.651, the person
205 shall report such information in the same manner as a change of residence before using such
206 online identifier .
595.120. 1. Prior to January 1, 2019, the department of public safety shall create a
2 poster that provides information regarding the national human traf ficking resource center
3 hotline. The poster shall be no smaller than eight and one-half inches by eleven inches in size
4 and shall include a statement in substantially the following form:
5 "If you or someone you know is being forced to engage in any activity
6 and cannot leave – whether it is commercial sex, housework, farm
7 work, or any other activity – call the National Human T raff icking
8 Resource Center Hotline at 1-888-373-7888 or text 233733
9 (BEFREE) or visit the following website:
10 www .traf fickingresourcecenter .or g to access help and services.
11 V ictims of human traf ficking are protected under U.S. and Missouri
12 law .
13 The toll-free hotline is:
14 - A vailable 24 hours a day , 7 days a week
15 - Operated by a nonprofit, nongovernmental or ganization
16 - Anonymous and confidential
17 - Accessible in 170 languages
18 - Able to provide help, referral to services, training, and general
19 information.".
20
21 The statement shall appear on each poster in English, Spanish, and, for each county , any other
22 language required for voting materials in that county under Section 1973 of the V oting Rights
23 Act of 1965, 42 U.S.C. Section 1973, as amended. In addition to the national human
24 traf ficking resource center hotline, the statement may contain any additional hotlines
25 regarding human traf ficking for access to help and services.
26 2. Beginning March 1, 2019, the human traff icking hotline poster designed by the
27 department of public safety shall be displayed in a conspicuous place in or near the bathrooms
28 or near the entrance of each of the following establishments:
29 (1) Hotels, motels, or other establishments that have been cited as a public nuisance
30 for [ prostitution ] commerc ial sexual exploitation under section 567.080;
31 (2) Strip clubs or other sexually oriented businesses;
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32 (3) Private clubs that have a liquor permit for on-premises consumption, do not hold
33 themselves out to be food service establishments, and are not af filiated with any nonprofit
34 fraternal, athletic, religious, or veteran [ organi zations ] organization ;
35 (4) Airports;
36 (5) T rain stations that serve passengers;
37 (6) Emerg ency rooms within general acute care hospitals;
38 (7) Urg ent care centers;
39 (8) Privately operated job recruitment centers;
40 (9) Businesses or establishments that of fer massage or body work services for
41 compensation by individuals who are not licensed under section 324.265;
42 (10) W omen's health centers;
43 (1 1) Abortion facilities as defined in section 188.015;
44 (12) Family planning clinics;
45 (13) Maternity homes as defined in section 135.600;
46 (14) Pregnancy resource centers as defined in section 135.630;
47 (15) Bus stations;
48 (16) T ruck stops. For the purposes of this section, "truck stops" shall mean privately
49 owned and operated facilities that provide food, fuel, shower or other sanitary facilities, and
50 lawful overnight parking; and
51 (17) Roadside rest areas.
52 3. The department of public safety shall make the poster available for print on its
53 public website. T o obtain a copy of the poster , the owners or operators of an establishment
54 required to post the human traf ficking hotline notice under subsection 2 of this section may
55 print the online poster using the online link or request that the poster be mailed for the cost of
56 printing and first class postage.
57 4. Any owner or operator of an establishment required to post the human traff icking
58 hotline notice under subsection 2 of this section who fails to comply with the requirement
59 shall receive a written warning for the first violation and may be guilty of an infraction for
60 any subsequent violation.
610.131. 1. Notwithstanding the provisions of section 610.140 to the contrary , a
2 person who at the time of the of fense was under the age of eighteen, and has pleaded guilty to
3 or has been convicted for the of fense of prostitution under section 567.020 , as it existed prior
4 to August 28, 2026, may apply to the court in which he or she pled guilty or was sentenced
5 for an order to expunge from all of ficial records all recordations of his or her arrest, plea, trial,
6 or conviction. If the court determines that such person was under the age of eighteen or was
7 acting under the coercion, as defined in section 566.200, of an agent when committing the
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8 of fense that resulted in a plea of guilty or conviction under section 567.020 , as it existed
9 prior to August 28, 2026 , the court shall enter an order of expungement.
10 2. Upon granting of the order of expungement, the records and files maintained in any
11 administrative or court proceeding in an associate or circuit division of the circuit court under
12 this section shall be confidential and only available to the parties or by order of the court for
13 good cause shown. The ef fect of such order shall be to restore such person to the status he or
14 she occupied prior to such arrest, plea, or conviction and as if such event had never taken
15 place. No person as to whom such order has been entered shall be held thereafter under any
16 provision of any law to be guilty of perjury or otherwise giving a false statement by reason of
17 his or her failure to recite or acknowledge such arrest, plea, trial, conviction, or expungement
18 in response to any inquiry made of him or her for any purpose whatsoever and no such
19 inquiry shall be made for information relating to an expungement under this section.
[ 567.020. 1. A person commits the of fense of prostitution if he or she
2 engages in or of fers or agrees to engage in sexual conduct with another person
3 in return for something of value to be received by any person.
4 2. The of fense of prostitution is a class B misdemeanor unless the
5 person knew prior to performing the act of prostitution that he or she was
6 infected with HIV in which case prostitution is a class B felony . The use of
7 condoms is not a defense to this of fense.
8 3. As used in this section, "HIV" means the human immunodeficiency
9 virus that causes acquired immunodeficiency syndrome.
10 4. The judge may order a drug and alcohol abuse treatment program
11 for any person found guilty of prostitution, either after trial or upon a plea of
12 guilty , before sentencing. For the class B misdemeanor offense, upon the
13 successful completion of such program by the defendant, the court may at its
14 discretion allow the defendant to withdraw the plea of guilty or reverse the
15 verdict and enter a judgment of not guilty . For the class B felony of fense, the
16 court shall not allow the defendant to withdraw the plea of guilty or reverse the
17 verdict and enter a judgment of not guilty . The judge, however , has discretion
18 to take into consideration successful completion of a drug or alcohol treatment
19 program in determining the defendant's sentence.
20 5. A person shall not be certified as an adult or adjudicated as a
21 delinquent for the of fense of prostitution under this section if the person was
22 under the age of eighteen at the time the of fense occurred. In such cases where
23 the person was under the age of eighteen, the person shall be classified as a
24 victim of abuse, as defined under section 210.1 10, and such abuse shall be
25 reported immediately to the children's division, as required under section
26 210.1 15 and to the juvenile of ficer for appropriate services, treatment,
27 investigation, and other proceedings as provided under chapters 207, 210, and
28 21 1. Upon request, the local law enforcement agency and the prosecuting
29 attorney shall assist the children's division and the juvenile of ficer in
30 conducting the investigation. ]
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[ 567.030. 1. A person commits the of fense of patronizing prostitution
2 if he or she:
3 (1) Pursuant to a prior understanding, gives something of value to
4 another person as compensation for having engaged in sexual conduct with
5 any person; or
6 (2) Gives or agrees to give something of value to another person with
7 the understanding that such person or another person will engage in sexual
8 conduct with any person; or
9 (3) Solicits or requests another person to engage in sexual conduct
10 with any person in return for something of value.
11 2. It shall not be a defense that the person believed that the individual
12 he or she patronized for prostitution was eighteen years of age or older .
13 3. The of fense of patronizing prostitution is a class B misdemeanor ,
14 unless the individual who the person patronizes is less than eighteen years of
15 age but older than fifteen years of age, in which case patronizing prostitution is
16 a class E felony .
17 4. The of fense of patronizing prostitution is a class B felony if the
18 individual who the person patronizes is fifteen years of age or younger .
19 Nothing in this section shall preclude the prosecution of an individual for the
20 of fenses of:
21 (1) Statutory rape in the first degree pursuant to section 566.032;
22 (2) Statutory rape in the second degree pursuant to section 566.034;
23 (3) Statutory sodomy in the first degree pursuant to section 566.062; or
24 (4) Statutory sodomy in the second degree pursuant to section
25 566.064. ]
[ 567.050. 1. A person commits the offense of promoting prostitution
2 in the first degree if he or she knowingly:
3 (1) Promotes prostitution by compelling a person to enter into, engage
4 in, or remain in prostitution;
5 (2) Promotes prostitution of a person less than sixteen years of age; or
6 (3) Owns, manages, or operates an interactive computer service, or
7 conspires or attempts to do so, with the intent to promote or facilitate the
8 prostitution of another . As used in this subdivision, the term "interactive
9 computer service" shall mean any information service, system, or access
10 software provider that provides or enables computer access by multiple users
11 to a computer server , including specifically a service or system that provides
12 access to the internet and such systems operated or services of fered by libraries
13 or educational institutions.
14 2. The term "compelling" includes:
15 (1) The use of forcible compulsion;
16 (2) The use of a drug or intoxicating substance to render a person
17 incapable of controlling his conduct or appreciating its nature;
18 (3) W ithholding or threatening to withhold dangerous drugs or a
19 narcotic from a drug dependent person.
20 3. (1) The offense of promoting prostitution in the first degree under
21 subdivision (1) or (3) of subsection 1 of this section is a class B felony .
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22 (2) The of fense of promoting prostitution in the first degree under
23 subdivision (3) of subsection 1 of this section is a class A felony if a person
24 acts in reckless disregard of the fact that such conduct contributed to the
25 of fense of traf ficking for the purposes of sexual exploitation under section
26 566.209.
27 (3) The of fense of promoting prostitution in the first degree under
28 subdivision (2) of subsection 1 of this section is a felony punishable by a term
29 of imprisonment not less than ten years and not to exceed fifteen years.
30 4. A person injured by the acts committed in violation of subdivision
31 (3) of subsection 1 of this section or subdivision (2) of subsection 3 of this
32 section shall have a civil cause of action to recover damages and reasonable
33 attorneys' fees for such injury .
34 5. In addition to the court's authority to order a defendant to make
35 restitution for the damage or loss caused by his or her of fense as provided in
36 section 559.105, the court shall enter a judgment of restitution against the
37 defendant convicted of violating subdivision (3) of subsection 1 of this section
38 and subdivision (2) of subsection 3 of this section. ]
[ 567.060. 1. A person commits the offense of promoting prostitution
2 in the second degree if he or she knowingly:
3 (1) Promotes prostitution by managing, supervising, controlling or
4 owning, either alone or in association with others, a house of prostitution or a
5 prostitution business or enterprise involving prostitution activity by two or
6 more prostitutes; or
7 (2) Promotes prostitution of a person sixteen or seventeen years of age.
8 2. The of fense of promoting prostitution in the second degree is a class
9 D felony . ]
[ 567.070. 1. A person commits the offense of promoting prostitution
2 in the third degree if he or she knowingly:
3 (1) Causes or aids a person to commit or engage in prostitution;
4 (2) Procures or solicits patrons for prostitution;
5 (3) Provides persons or premises for prostitution purposes;
6 (4) Operates or assists in the operation of a house of prostitution or a
7 prostitution business or enterprise;
8 (5) Accepts or receives or agrees to accept or receive something of
9 value pursuant to an agreement or understanding with any person whereby he
10 or she participates or is to participate in proceeds of prostitution activity; or
11 (6) Engages in any conduct designed to institute, aid or facilitate an act
12 or enterprise of prostitution.
13 2. The of fense of promoting prostitution in the third degree is a class E
14 felony . ]
[ 567.085. 1. A person commits the of fense of promoting travel for
2 prostitution if he or she knowingly sells or of fers to sell travel services that
3 include or facilitate travel for the purpose of engaging in prostitution as
4 defined by section 567.020.
5 2. The of fense of promoting travel for prostitution is a class D felony . ]
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[ 567.087. 1. No travel agency or charter tour operator shall:
2 (1) Promote travel for prostitution as described in section 567.085;
3 (2) Sell, advertise, or otherwise offer to sell travel services or facilitate
4 travel:
5 (a) For the purpose of engaging in a commercial sex act as defined in
6 section 566.010;
7 (b) That consists of tourism packages or activities using and of fering
8 any sexual contact as defined in section 566.010 as enticement for tourism; or
9 (c) That provides or purports to provide access to or that facilitates the
10 availability of sex escorts or sexual services.
11 2. There shall be a rebuttable presumption that any travel agency or
12 charter tour operator using advertisements that include the term "sex tours" or
13 "sex travel" or include depictions of human genitalia is in violation of this
14 section. ]
[ 567.089. 1. No travel agency or charter tour operator shall engage in
2 selling, advertising, or otherwise of fering to sell travel services, tourism
3 packages, or activities that solicit, encourage, or facilitate travel for the
4 purpose of engaging in prostitution.
5 2. Upon violation of this section by a travel agency or charter tour
6 operator , the secretary of state shall revoke the articles of incorporation of the
7 travel agency or charter tour operator . The secretary of state, as part of a
8 proceeding brought under this section, may order a freeze of the bank or
9 deposit accounts of the travel agency or charter tour operator . ]
[ 567.090. The general assembly by enacting this chapter intends to
2 preempt any other regulation of the area covered by felony sections 567.050
3 through 567.070 , to promote statewide control of prostitution, and to
4 standardize laws that governmental subdivisions may adopt in other areas
5 covered by this chapter . No governmental subdivision may enact or enforce a
6 law that makes any conduct in the area covered by sections 567.050 through
7 567.070 subject to a criminal or civil penalty or sanction of any kind. Cities
8 and towns may enact and enforce laws prohibiting and penalizing conduct
9 subject to criminal or civil penalties or sanctions under other provisions of this
10 chapter , but the provisions of such laws shall be the same and the authorized
11 penalties or sanctions under such laws shall not be greater than those of this
12 chapter . Cities and towns may also enact and enforce laws prohibiting and
13 penalizing public solicitation of sexual conduct, whether or not the of fer to
14 engage in sexual conduct is in return for something of value, and health laws
15 to prevent the spread of venereal diseases. ]
[ 567.100. In addition to the responsibility of circuit attorneys and
2 prosecuting attorneys in their respective jurisdictions to enforce the criminal
3 provisions of this chapter , they shall have the duty to enforce the provisions of
4 section 567.080; and the attorney general shall have a concurrent duty to
5 enforce the civil provisions of section 567.080. ]
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[ 567.1 10. Any person who has been found guilty of a violation of
2 section 567.020 or 567.030 and who is alleged and proved to be a persistent
3 prostitution of fender is guilty of a class E felony . ]
[ 567.120. Any person arrested for a prostitution-related of fense, who
2 has been found guilty of a prior prostitution-related of fense, may , within the
3 sound discretion of the court, be required to undergo HIV testing as a
4 condition precedent to the issuance of bond for the of fense. ]
✔
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