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HB2452 • 2026

Establishes the offense of malicious prosecution of a journalist

Establishes the offense of malicious prosecution of a journalist

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Fuchs, Elizabeth (080)
Last action
2026-05-15
Official status
05/15/2026 - Referred: Emerging Issues(H)
Effective date
2026-08-28

Plain English Breakdown

The official summary and text do not provide detailed information on the exact penalties or damages, only stating it is a class E felony and may include reputational damages.

Law to Protect Journalists from Malicious Prosecution

This law makes it illegal for certain public officials and attorneys to start or continue a criminal case against journalists without good reason, causing harm.

What This Bill Does

  • Creates a new crime called malicious prosecution of a journalist.
  • Defines who can commit this crime: elected public officials, assistant prosecuting attorneys, and assistant attorney generals.
  • Requires these people to have probable cause before starting or continuing a criminal case against journalists.
  • Says the person must act with malice (intent to harm) and know no offense was committed by the journalist.
  • Causes damages to the journalist if they instigate or continue such prosecution without probable cause.

Who It Names or Affects

  • Elected public officials
  • Assistant prosecuting attorneys
  • Assistant attorney generals

Terms To Know

Malicious Prosecution
Starting or continuing a criminal case against someone without good reason and causing them harm.
Journalist
Any person or organization entitled to protection under the doctrine of freedom of the press, including those who publish information through various media platforms.

Limits and Unknowns

  • The law only applies to specific public officials and attorneys.
  • It does not cover all types of people who might start a case against journalists.
  • The exact amount of damages is not specified in the bill.

Bill History

  1. 2026-05-15 Missouri House of Representatives and Missouri Senate

    Referred: Emerging Issues(H)

  2. 2026-01-08 Missouri House of Representatives and Missouri Senate

    Read Second Time (H)

  3. 2026-01-07 Missouri House of Representatives and Missouri Senate

    Read First Time (H)

  4. 2025-12-16 Missouri House of Representatives and Missouri Senate

    Prefiled (H)

Official Summary Text

Establishes the offense of malicious prosecution of a journalist

Current Bill Text

Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2452
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE FUCHS.
5541H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 575, RSMo, by adding thereto one new section relating to the of fense of
malicious prosecution of a journalist, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 575, RSMo, is amended by adding thereto one new section, to be
2 known as section 575.245, to read as follows:
575.245. 1. A person commits the offense of malicious prosecution of a journalist
2 if such person is an elected public official, assistant pro secuting attorney , or an assistant
3 attorney general who:
4 (1) Instigates or commences a criminal pro secution against a journalist without
5 pr obable cause;
6 (2) Continues the criminal pr osecution against the journalist;
7 (3) Acts with malice against the journalist;
8 (4) Acts with the knowledge that no offense was committed by the journalist;
9 and
10 (5) Causes damages to the journalist.
11 2. The offense of malicious pr osecution of a journalist is a class E felony .
12 3. A person in violation of this section shall be liable for damages, which may
13 include, but are not limited to, rep utational damages.
14 4. For purposes of this section, the following terms mean:
15 (1) "Doctrine of fr eedom of the press ", the right to publish and disseminate
16 information, thoughts, and opinions thr ough newspapers, magazines, br oadcast, online
17 media bloggers, online influencers, podcasters, and other digital content creat ors;
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.
18 (2) "Journalist", any person or organization entitled to pro tection under the
19 doctrine of fr eedom of the pre ss without rega rd to whether other individuals would have
20 substantially similar rights under the First Amendment of the Constitution of the
21 United States and international documents, including Article 19 of the Universal
22 Declaration of Human Rights.
23 5. Sover eign immunity shall be waived for any civil action res ulting fr om a
24 violation of this section.
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HB 2452 2