Modifies provisions relating to the sex offender registry

SECOND REGULAR SESSION
HOUSE BILL NO. 3049
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE ROBER TS.
6815H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650, 43.651,
589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407, 589.410, 589.414,
589.415, and 589.417, RSMo, and to enact in lieu thereof nineteen new sections
relating to the sex of fender registry .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650,
2 43.651, 589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407, 589.410, 589.414,
3 589.415, and 589.417, RSMo, are repealed and nineteen new sections enacted in lieu thereof,
4 to be known as sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 589.400, 589.401,
5 589.403, 589.404, 589.405, 589.407, 589.410, 589.41 1, 589.412, 589.413, 589.414, 589.415,
6 and 589.417, to read as follows:
43.500. As used in sections 43.500 to [ 43.651 ] 43.600 , the following terms mean:
2 (1) "Administration of criminal justice", performance of any of the following
3 activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution,
4 adjudication, correctional supervision, or rehabilitation of accused persons or criminal
5 of fenders. The administration of criminal justice shall include the screening of employees or
6 applicants seeking employment with criminal justice agencies, criminal identification
7 activities, and the collection, storage, and dissemination of criminal history information,
8 including fingerprint searches, photographs, and other unique biometric identification;
9 (2) "Central repository", the division within the Missouri state highway patrol
10 responsible for compiling and disseminating complete and accurate criminal history records
11 and statistics;
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.
12 (3) "Committee", criminal records and justice information advisory committee;
13 (4) "Comparable ordinance violation", a violation of an ordinance having all the
14 essential elements of a statutory felony or a class A misdemeanor;
15 (5) "Criminal history record information", information collected by criminal justice
16 agencies on individuals consisting of identifiable descriptions and notations of arrests,
17 detentions, indictments, informations, or other formal criminal char ges, and any disposition
18 arising therefrom, sentencing, correctional supervision, and release;
19 (6) "Final disposition", the formal conclusion of a criminal proceeding at whatever
20 stage it occurs in the criminal justice system;
21 (7) "Missouri char ge code", a unique number assigned by the of fice of state courts
22 administrator to an of fense for tracking and grouping offenses. Beginning January 1, 2005,
23 the complete char ge code shall consist of digits assigned by the of fice of state courts
24 administrator , the two-digit national crime information center modifiers and a single digit
25 designating attempt, accessory , or conspiracy . The only exception to the January 1, 2005,
26 date shall be the courts that are not using the statewide court automation case management
27 pursuant to section 476.055; the ef fective date will be as soon thereafter as economically
28 feasible for all other courts;
29 (8) "State of fense cycle number", a unique number , supplied by or approved by the
30 Missouri state highway patrol, on the state criminal fingerprint card. The offense cycle
31 number , OCN, is used to link the identity of a person, through unique biometric identification,
32 to one or many of fenses for which the person is arrested or char ged. The OCN will be used to
33 track an offense incident from the date of arrest to the final disposition when the of fender
34 exits from the criminal justice system;
35 (9) "Unique biometric identification", automated methods of recognizing and
36 identifying an individual based on a physiological characteristic. Biometric identification
37 methods may include but are not limited to facial recognition, fingerprints, palm prints, hand
38 geometry , iris recognition, and retinal scan.
43.503. 1. For the purpose of maintaining complete and accurate criminal history
2 record information, all police of ficers of this state, the clerk of each court, the department of
3 corrections, the sheriff of each county , the chief law enforcement of ficial of a city not within a
4 county and the prosecuting attorney of each county or the circuit attorney of a city not within
5 a county shall submit certain criminal arrest, char ge, and disposition information to the
6 central repository for filing without undue delay in the form and manner required by sections
7 43.500 to [ 43.651 ] 43.600 .
8 2. All law enforcement agencies making misdemeanor and felony arrests as
9 determined by section 43.506 shall furnish without undue delay , to the central repository ,
10 fingerprints, photograph, and if available, any other unique biometric identification collected,
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11 char ges, appropriate char ge codes, and descriptions of all persons who are arrested for such
12 of fenses on standard fingerprint forms supplied or approved by the highway patrol or
13 electronically in a format and manner approved by the highway patrol and in compliance with
14 the standards set by the Federal Bureau of Investigation in its Automated Fingerprint
15 Identification System or its successor program. All such agencies shall also notify the central
16 repository of all decisions not to refer such arrests for prosecution. An agency making such
17 arrests may enter into arrangements with other law enforcement agencies for the purpose of
18 furnishing without undue delay such fingerprints, photograph, and if available, any other
19 unique biometric identification collected, char ges, appropriate char ge codes, and descriptions
20 to the central repository upon its behalf.
21 3. In order for the Missouri of fice of prosecution services to maintain complete and
22 accurate statewide reports as required by section 56.750, on or before January 1, 2028, and
23 thereafter , all police of ficers of this state, the sherif f and each deputy sherif f of each county ,
24 and the chief law enforcement of ficial of a city not within a county and his or her of ficers
25 shall submit referrals for any traf fic violation, ordinance violation, or misdemeanor or felony
26 of fense referred to a prosecuting or circuit attorney in the form and manner approved by the
27 Missouri of fice of prosecution services as required by subdivision (7) of subsection 1 of
28 section 56.750. At a minimum, any referral to a prosecuting attorney or circuit attorney for a
29 felony of fense shall include a probable cause statement and an investigative report. Any law
30 enforcement agency that violates this subsection shall be ineligible to receive state or federal
31 funds that would otherwise be paid to such agency for law enforcement, safety , or criminal
32 justice purposes.
33 4. In instances where an individual less than seventeen years of age and not currently
34 certified as an adult is taken into custody for an offense which would be a felony if committed
35 by an adult, the arresting of ficer shall take fingerprints for the central repository . These
36 fingerprints shall be taken on fingerprint cards supplied by or approved by the highway patrol
37 or transmitted electronically in a format and manner approved by the highway patrol and in
38 compliance with the standards set by the Federal Bureau of Investigation in its Automated
39 Fingerprint Identification System or its successor program. The fingerprint cards shall be so
40 constructed that the name of the juvenile should not be made available to the central
41 repository . The individual's name and the unique number associated with the fingerprints and
42 other pertinent information shall be provided to the court of jurisdiction by the agency taking
43 the juvenile into custody . The juvenile's fingerprints and other information shall be
44 forwarded to the central repository and the courts without undue delay . The fingerprint
45 information from the card shall be captured and stored in the automated fingerprint
46 identification system operated by the central repository . In the event the fingerprints are
47 found to match other tenprints or unsolved latent prints, the central repository shall notify the
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48 submitting agency who shall notify the court of jurisdiction as per local agreement. Under
49 section 21 1.031, in instances where a juvenile over fifteen and one-half years of age is alleged
50 to have violated a state or municipal traf fic ordinance or regulation, which does not constitute
51 a felony , and the juvenile court does not have jurisdiction, the juvenile shall not be
52 fingerprinted unless certified as an adult.
53 5. Upon certification of the individual as an adult, the certifying court shall order a
54 law enforcement agency to immediately fingerprint and photograph the individual and
55 certification papers will be forwarded to the appropriate law enforcement agency with the
56 order for fingerprinting. The law enforcement agency shall submit such fingerprints,
57 photograph, and certification papers to the central repository within fifteen days and shall
58 furnish the of fense cycle number associated with the fingerprints to the prosecuting attorney
59 or the circuit attorney of a city not within a county and to the clerk of the court ordering the
60 subject fingerprinted. If the juvenile is acquitted of the crime and is no longer certified as an
61 adult, the prosecuting attorney shall notify within fifteen days the central repository of the
62 change of status of the juvenile. Records of a child who has been fingerprinted and
63 photographed after being taken into custody shall be closed records as provided under section
64 610.100 if a petition has not been filed within thirty days of the date that the child was taken
65 into custody; and if a petition for the child has not been filed within one year of the date the
66 child was taken into custody , any records relating to the child concerning the alleged of fense
67 may be expunged under the procedures in sections 610.122 to 610.126.
68 6. The prosecuting attorney of each county or the circuit attorney of a city not within
69 a county or the municipal prosecuting attorney shall notify the central repository on standard
70 forms supplied by the highway patrol or in a manner approved by the highway patrol of his or
71 her decision to not file a criminal char ge on any char ge referred to such prosecuting attorney
72 or circuit attorney for criminal char ges. All records forwarded to the central repository and
73 the courts by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall
74 include the state offense cycle number of the of fense, the char ge code for the of fense, and the
75 originating agency identifier number of the reporting prosecutor , using such numbers as
76 assigned by the highway patrol.
77 7. The clerk of the courts of each county or city not within a county or municipal
78 court clerk shall furnish the central repository , on standard forms supplied by the highway
79 patrol or in a manner approved by the highway patrol, with a record of all char ges filed,
80 including all those added subsequent to the filing of a criminal court case, amended char ges,
81 and all final dispositions of cases for which the central repository has a record of an arrest or a
82 record of fingerprints reported pursuant to sections 43.500 to 43.506. Such information shall
83 include, for each char ge:
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84 (1) All judgments of not guilty , acquittals on the ground of mental disease or defect
85 excluding responsibility , judgments or pleas of guilty including the sentence, if any , or
86 probation, if any , pronounced by the court, nolle pros, dischar ges, releases and dismissals in
87 the trial court;
88 (2) Court orders filed with the clerk of the courts which reverse a reported conviction
89 or vacate or modify a sentence;
90 (3) Judgments terminating or revoking a sentence to probation, supervision or
91 conditional release and any resentencing after such revocation; and
92 (4) The of fense cycle number of the of fense, and the originating agency identifier
93 number of the sentencing court, using such numbers as assigned by the highway patrol.
94 8. The clerk of the courts of each county or city not within a county shall furnish, to
95 the department of corrections or department of mental health, court judgment and sentence
96 documents and the state of fense cycle number and the char ge code of the of fense which
97 resulted in the commitment or assignment of an offender to the jurisdiction of the department
98 of corrections or the department of mental health if the person is committed pursuant to
99 chapter 552. This information shall be reported to the department of corrections or the
100 department of mental health at the time of commitment or assignment. If the of fender was
101 already in the custody of the department of corrections or the department of mental health at
102 the time of such subsequent conviction, the clerk shall furnish notice of such subsequent
103 conviction to the appropriate department by certified mail, return receipt requested, or in a
104 manner and format mutually agreed to, within fifteen days of such disposition.
105 9. Information and fingerprints, photograph and if available, any other unique
106 biometric identification collected, forwarded to the central repository , normally obtained from
107 a person at the time of the arrest, may be obtained at any time the subject is in the criminal
108 justice system or committed to the department of mental health. A law enforcement agency
109 or the department of corrections may fingerprint, photograph, and capture any other unique
110 biometric identification of the person unless collecting other unique biometric identification
111 of the person is not financially feasible for the law enforcement agency , and obtain the
112 necessary information at any time the subject is in custody . If at the time of any court
113 appearance, the defendant has not been fingerprinted and photographed for an of fense in
114 which a fingerprint and photograph is required by statute to be collected, maintained, or
115 disseminated by the central repository , the court shall order a law enforcement agency or
116 court marshal to fingerprint and photograph immediately the defendant. The order for
117 fingerprints shall contain the of fense, char ge code, date of offense, and any other information
118 necessary to complete the fingerprint card. The law enforcement agency or court marshal
119 shall submit such fingerprints, photograph, and if available, any other unique biometric
120 identification collected, to the central repository without undue delay and within thirty days
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121 and shall furnish the of fense cycle number associated with the fingerprints to the prosecuting
122 attorney or the circuit attorney of a city not within a county and to the court clerk of the court
123 ordering the subject fingerprinted.
124 10. The department of corrections and the department of mental health shall furnish
125 the central repository with all information concerning the receipt, escape, execution, death,
126 release, pardon, parole, commutation of sentence, granting of executive clemency , legal name
127 change, or dischar ge of an individual who has been sentenced to that department's custody for
128 any of fenses which are mandated by law to be collected, maintained or disseminated by the
129 central repository . All records forwarded to the central repository by the department as
130 required by sections 43.500 to [ 43.651 ] 43.600 shall include the of fense cycle number of the
131 of fense, and the originating agency identifier number of the department using such numbers
132 as assigned by the highway patrol.
43.506. 1. Those of fenses considered reportable for the purposes of sections 43.500
2 to [ 43.651 ] 43.600 include all felonies; class A misdemeanors; all violations for driving under
3 the influence of drugs or alcohol; any of fense that can be enhanced to a class A misdemeanor
4 or higher for subsequent violations; and comparable ordinance violations consistent with the
5 reporting standards established by the National Crime Information Center , Federal Bureau of
6 Investigation, for the Federal Interstate Identification Index System; and all cases arising
7 under chapter 566. The following types of of fenses shall not be considered reportable for the
8 purposes of sections 57.403, 43.500 to [ 43.651 ] 43.600 , and 595.200 to 595.218: nonspecific
9 char ges of suspicion or investigation, general traf fic violations and all misdemeanor
10 violations of the state wildlife code. All of fenses considered reportable shall be reviewed
11 annually and noted in the Missouri char ge code manual established in section 43.512. All
12 information collected pursuant to sections 43.500 to [ 43.651 ] 43.600 shall be available only
13 as set forth in section 610.120.
14 2. Law enforcement agencies, court clerks, prosecutors and custody agencies may
15 report required information by electronic medium either directly to the central repository or
16 indirectly to the central repository via other criminal justice agency computer systems in the
17 state with the approval of the highway patrol, based upon standards established by the
18 advisory committee.
19 3. In addition to the repository of fingerprint records for individual of fenders and
20 applicants, the central repository of criminal history and identification records for the state
21 shall maintain a repository of latent prints, palm prints and other unique biometric
22 identification submitted to the repository .
43.509. The director of the department of public safety shall, in accordance with the
2 provisions of chapter 536, establish such rules and regulations as are necessary to implement
3 the provisions of sections 43.500 to [ 43.651 ] 43.600 . All collection and dissemination of
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4 criminal history information shall be in compliance with chapter 610 and applicable federal
5 laws or regulations. Such rules shall relate to the collection of criminal history information
6 from or dissemination of such information to criminal justice, noncriminal justice, and private
7 agencies or citizens both in this and other states. No rule or portion of a rule promulgated
8 under the authority of sections 43.500 to [ 43.651 ] 43.600 shall become ef fective unless it has
9 been promulgated pursuant to the provisions of section 536.024.
43.527. For purposes of sections 43.500 to [ 43.651 ] 43.600 , all federal and nonstate
2 of Missouri agencies and persons shall pay for criminal records checks, fingerprint searches,
3 and any of the information as defined in subdivision (5) of section 43.500, when such
4 information is not related to the administration of criminal justice. There shall be no char ge
5 for information supplied to criminal justice agencies for the administration of criminal justice.
6 For purposes of sections 43.500 to [ 43.651 ] 43.600 , the administration of criminal justice is
7 defined in subdivision (1) of section 43.500 and shall be available only as set forth in section
8 610.120.
43.530. 1. For each request requiring the payment of a fee received by the central
2 repository , the requesting entity shall pay a fee of not more than nine dollars per request for
3 criminal history record information not based on a fingerprint search. In each year beginning
4 on or after January 1, 2010, the superintendent may increase the fee paid by requesting
5 entities by an amount not to exceed one dollar per year , however , under no circumstance shall
6 the fee paid by requesting entities exceed fifteen dollars per request.
7 2. For each request requiring the payment of a fee received by the central repository ,
8 the requesting entity shall pay a fee of not more than twenty dollars per request for criminal
9 history record information based on a fingerprint search, unless the request is required under
10 the provisions of subdivision (6) of section 210.481, section 210.487, or section 571.101, in
11 which case the fee shall be fourteen dollars.
12 3. A request made under subsections 1 and 2 of this section shall be limited to check
13 and search on one individual. Each request shall be accompanied by a check, warrant,
14 voucher , money order , or electronic payment payable to the state of Missouri-criminal record
15 system or payment shall be made in a manner approved by the highway patrol. The highway
16 patrol may establish procedures for receiving requests for criminal history record information
17 for classification and search for fingerprints, from courts and other entities, and for the
18 payment of such requests. There is hereby established by the treasurer of the state of
19 Missouri a fund to be entitled as the "Criminal Record System Fund". Notwithstanding the
20 provisions of section 33.080 to the contrary , if the moneys collected and deposited into this
21 fund are not totally expended annually for the purposes set forth in sections 43.500 to
22 [ 43.651 ] 43.600 , the unexpended moneys in such fund shall remain in the fund and the
23 balance shall be kept in the fund to accumulate from year to year .
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589.400. 1. Unless exempt fr om re gistering under section 589.401, sections
2 589.400 to 589.425 shall apply to:
3 (1) Any person who, since July 1, 1979, has been or is hereafter adjudicated for an
4 of fense [ referenced in section 589.414, unless such person is exempt from registering under
5 subsection 9 or 10 of this section or section 589.401 ] that would classify the person as a tier
6 I offender , tier II offender , or tier III offender in this state ;
7 (2) [Any person who, since July 1, 1979, has been or is hereafter convicted of, been
8 found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or
9 conspiring to commit one or more of the following of fenses: kidnapping or kidnapping in the
10 first degree when the victim was a child and the defendant was not a parent or guardian of the
11 child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious
12 restraint or kidnapping in the second degree when the victim was a child and the defendant is
13 not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a
14 nursing home or sexual conduct with a nursing facility resident or vulnerable person in the
15 first or second degree; endangering the welfare of a child under section 568.045 when the
16 endangerment is sexual in nature; genital mutilation of a female child, under section 568.065;
17 promoting prostitution in the first degree; promoting prostitution in the second degree;
18 promoting prostitution in the third degree; sexual exploitation of a minor; promoting child
19 pornography in the first degree; promoting child pornography in the second degree;
20 possession of child pornography; furnishing pornographic material to minors; public display
21 of explicit sexual material; coercing acceptance of obscene material; promoting obscenity in
22 the first degree; promoting pornography for minors or obscenity in the second degree; incest;
23 use of a child in a sexual performance; or promoting sexual performance by a child;
24 patronizing prostitution if the individual the person patronizes is less than eighteen years of
25 age;
26 (3) ] Any person who, since July 1, 1979, has been committed to the department of
27 mental health as a criminal sexual psychopath;
28 [ (4) ] (3) Any person who, since July 1, 1979, has been found not guilty as a result of
29 mental disease or defect of any of fense [ referenced in section 589.414 ] that would classify
30 the person as a tier I offender , tier II offender , or tier III offender ;
31 [ (5) ] (4) Any juvenile certified as an adult and transferred to a court of general
32 jurisdiction who has been adjudicated for an of fense [ listed under section 589.414 ] that
33 would classify the juvenile as a tier I offender , tier II offender , or tier III offender ;
34 [ (6) ] (5) Any juvenile fourteen years of age or older at the time of the of fense who has
35 been adjudicated for an of fense which is equal to or more severe than aggravated sexual abuse
36 under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such
37 of fense . Juveniles registe ring under this subdivision shall be assigned a tier under the
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38 pr ovisions of section 589.414 and eligible for re moval when meeting all other
39 qualifications in sections 589.400 to 589.425. The tier assignment under section
40 589.414 shall be only for the purposes of r egistration visit freq uency and r emoval
41 eligibility and shall not otherwise affect the analysis of whether regi stration is r equir ed
42 under this section ;
43 [ (7) ] (6) Any person who is a resident of this state who has, since July 1, 1979, been
44 or is hereafter adjudicated in any other state, territory , the District of Columbia, or foreign
45 country , or under federal, tribal, or military jurisdiction for an of fense which, if committed in
46 this state, would constitute an offense [ listed under section 589.414 ] that would classify the
47 person as a tier I offender , tier II offender , or tier III offender , or has been or is required
48 to register in another state, territory , the District of Columbia, or foreign country , or has been
49 or is required to register under tribal, federal, or military law . Persons regist ering under
50 this subdivision shall be assigned a tier under the provi sions of section 589.414 and
51 eligible for rem oval when meeting all other qualifications in sections 589.400 to 589.425.
52 The tier assignment under section 589.414 shall be only for the purposes of regist ration
53 visit fre quency and r emoval eligibility and shall not otherwise affect the analysis of
54 whether r egistration is r equir ed under this section ; or
55 [ (8) ] (7) Any person who has been or is required to register in another state, territory ,
56 the District of Columbia, or foreign country , or has been or is required to register under tribal,
57 federal, or military law and who works or attends an educational institution, whether public or
58 private in nature, including any secondary school, trade school, professional school, or
59 institution of higher education on a full-time or on a part-time basis or has a temporary
60 residence in Missouri. [ "Part-time" in this subdivision means for more than seven days in any
61 twelve-month period. ] Persons regist ering under this subdivision shall be assigned a tier
62 under the pr ovisions of section 589.414 and eligible for rem oval when meeting all other
63 qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414
64 shall be only for the purposes of registra tion visit fr equency and rem oval eligibility and
65 shall not otherwise affect the analysis of whether regi stration is r equir ed under this
66 section.
67 2. Any person or juvenile to whom sections 589.400 to 589.425 apply shall, within
68 three business days of adjudication, release from incarceration, [ or ] placement upon
69 probation, rele ase fr om commitment to the division of youth services, relea se fr om the
70 department of mental health, or release fr om other placement, register with the [ chief law
71 enforcement ] registra tion of ficial of the county or city not within a county in which such
72 person or juvenile resides unless such person has already registered in that county for the
73 same of fense. [ For any juvenile under subdivision (6) of subsection 1 of this section, within
74 three business days of adjudication or release from commitment to the division of youth
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75 services, the department of mental health, or other placement, such juvenile shall register with
76 the chief law enforcement of ficial of the county or city not within a county in which he or she
77 resides unless he or she has already registered in such county or city not within a county for
78 the same offense. ] Any person or juvenile to whom sections 589.400 to 589.425 apply if not
79 currently registered in their county of residence shall register with the [ chief law
80 enforcement ] re gistration of ficial [ of such county or city not within a county ] within three
81 business days. The [ chief law enforcement ] regist ration of ficial shall forward a copy of the
82 registration form required by section 589.407 to a city , town, village, or campus law
83 enforcement agency located within the county of the [ chief law enforcement ] regist ration
84 of ficial.
85 3. [The registration requirements of sections 589.400 through 589.425 shall be as
86 provided under subsection 4 of this section unless:
87 (1) All offenses requiring registration are reversed, vacated, or set aside;
88 (2) The registrant is no longer required to register and his or her name shall be
89 removed from the registry under the provisions of section 589.414; or
90 (3) The court orders the removal or exemption of such person from the registry under
91 section 589.401.
92 4. ] The registration requirements shall be as follows:
93 (1) Fifteen years if the of fender is a tier I [ sex ] offender [ as provided under section
94 589.414 ];
95 (2) T wenty-five years if the of fender is a tier II [ sex ] of fender [ as provided under
96 section 589.414 ]; or
97 (3) The life of the of fender if the of fender is a tier III [ sex ] offender .
98 [ 5. ] 4. (1) The registration period shall be reduced as described in subdivision (3) of
99 this subsection for a sex of fender who maintains a clean record for the periods described
100 under subdivision (2) of this subsection by:
101 (a) Not being adjudicated of any of fense for which imprisonment for more than one
102 year may be imposed;
103 (b) Not being adjudicated of any sex of fense;
104 (c) Successfully completing any periods of supervised release, probation, or parole;
105 and
106 (d) Successfully completing an appropriate sex of fender treatment program certified
107 by a jurisdiction or the attorney general , reg ardless of whether such pr ogram was court
108 order ed or voluntary . If reco rds of prog ram completion are unavailable and completion
109 of such pr ogram was r equir ed as a term of pr obation, an order discharging the offender
110 fr om prob ation or other r ecord acknowledging satisfactory completion of prob ation
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111 shall constitute prima facie evidence that the offender successfully completed the
112 necessary sex offender tr eatment pro gram unless reb utted by evidence to the contrary .
113 (2) In the case of a:
114 (a) T ier I [ sex ] of fender , the period during which the clean record shall be maintained
115 is ten years;
116 (b) T ier III [ sex ] of fender adjudicated delinquent for the of fense which required
117 registration in a sex of fender registry under sections 589.400 to 589.425, the period during
118 which the clean record shall be maintained is twenty-five years.
119 (3) In the case of a:
120 (a) T ier I [ sex ] of fender , the reduction is five years;
121 (b) T ier III [ sex ] of fender adjudicated delinquent, the reduction is from life to that
122 period for which the clean record under paragraph (b) of subdivision (2) of this subsection is
123 maintained.
124 [ 6. ] 5. For processing an initial sex of fender registration , the [ chief law enforcement
125 of ficer of the county or city not within a county ] reg istration official may char ge the of fender
126 registering a fee of up to ten dollars.
127 [ 7. ] 6. For processing any change in registration required pursuant to section 589.414 ,
128 the [ chief law enforcement ] r egistration of ficial [ of the county or city not within a county ]
129 may char ge the person changing their registration a fee of five dollars for each change made
130 after the initial registration.
131 [ 8. Any person currently on the sexual of fender registry or who otherwise would be
132 required to register for being adjudicated for the of fense of felonious restraint of a nonsexual
133 nature when the victim was a child and he or she was the parent or guardian of the child,
134 nonsexual child abuse that was committed under section 568.060, or kidnapping of a
135 nonsexual nature when the victim was a child and he or she was the parent or guardian of the
136 child shall be removed from the registry . However , such person shall remain on the sexual
137 of fender registry for any other of fense for which he or she is required to register under
138 sections 589.400 to 589.425.
139 9. The following persons shall be exempt from registering as a sexual of fender upon
140 petition to the court of jurisdiction under section 589.401; except that, such person shall
141 remain on the sexual offender registry for any other offense for which he or she is required to
142 register under sections 589.400 to 589.425:
143 (1) Any person currently on the sexual of fender registry or who otherwise would be
144 required to register for a sexual of fense involving:
145 (a) Sexual conduct where no force or threat of force was directed toward the victim or
146 any other individual involved, if the victim was an adult, unless the adult was under the
147 custodial authority of the of fender at the time of the of fense; or
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148 (b) Sexual conduct where no force or threat of force was directed toward the victim,
149 the victim was at least fourteen years of age, and the of fender was not more than four years
150 older than the victim at the time of the of fense; or
151 (2) Any person currently required to register for the following sexual of fenses:
152 (a) Promoting obscenity in the first degree under section 573.020;
153 (b) Promoting obscenity in the second degree under section 573.030;
154 (c) Furnishing pornographic materials to minors under section 573.040;
155 (d) Public display of explicit sexual material under section 573.060;
156 (e) Coercing acceptance of obscene material under section 573.065;
157 (f) T raff icking for the purpose of slavery , involuntary servitude, peonage, or forced
158 labor under section 566.206;
159 (g) Abusing an individual through forced labor under section 566.203;
160 (h) Contributing to human traff icking through the misuse of documentation under
161 section 566.215; or
162 (i) Acting as an international marriage broker and failing to provide the information
163 and notice as required under section 578.475.
164 10. Any person currently on the sexual of fender registry for having been adjudicated
165 for a tier I or II of fense or adjudicated delinquent for a tier III of fense or other comparable
166 of fenses listed under section 589.414 may file a petition under section 589.401.]
167 7. Any person with a primary res idence outside this state who has a temporary
168 r esidence in this state in which he or she r esides for mor e than a part-time period shall
169 r egister with the reg istration official in the jurisdiction of the temporary res idence in
170 accordance with this section for the duration of such person's temporary r esidency .
171 [ 1 1. ] 8. Any [ nonresident worker ] person who is not a res ident of this state and not
172 curr ently regi stered due to temporary res idence under subsection 7 of this section and
173 who works , including work as a volunteer or intern, or is a nonresident student shall register
174 for the duration of such person's employment, including participation as a volunteer or intern,
175 or attendance at any school of higher education , whether public or private, including any
176 secondary school, trade school, professional school, or institution of higher education on a
177 full-time or part-time basis [ in this state unless granted relief under section 589.401. Any
178 registered of fender shall provide information regarding any place in which the of fender is
179 staying when away from his or her residence for seven or more days, including the period of
180 time the of fender is staying in such place. Any registered of fender from another state who
181 has a temporary residence in this state and resides more than seven days in a twelve-month
182 period shall register for the duration of such person's temporary residency unless granted
183 relief under section 589.401 ] , as long as the status req uiring regi stration r emains active.
184 Such r egistration shall occur in the county or city not within a county where the status
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185 r equiring r egistration occurs. If mor e than one county or city not within a county meets
186 the requ irem ent, priority shall be in the following order:
187 (1) The county of work;
188 (2) The county of school; and
189 (3) The county of volunteering or any other r equir ed status,
190
191 with regi stration being requ ired at only the highest priority county or city not within a
192 county wher e the regi sterable status re mains .
589.401. 1. A person on the sexual offender registry of this state may file a petition
2 in the division of the circuit court in the county or city not within a county in which the
3 of fense requiring registration was [ committed ] adjudicated to have his or her name
4 exempted or removed from the sexual of fender registry in accordance with this section .
5 2. (1) A person who is required to register in this state because of an of fense that was
6 adjudicated in another jurisdiction shall file his or her petition for removal , termination, or
7 r elief fr om r egistration, or the declaratory judgment provi ding for r emoval,
8 termination, or re lief fro m r egistration according to the laws of the state, federal,
9 territory , tribal, or military jurisdiction, the District of Columbia, or foreign country in which
10 his or her of fense was adjudicated. Upon [ the grant of the petition for removal in the ] entry
11 of a judgment by a court of competent jurisdiction [ where the offense was adjudicated ]
12 pr oviding that the person is no longer req uire d to re gister as a sex offender under the
13 laws of the adjudicating jurisdiction , such judgment may be registered in this state by
14 sending the information required under subsection 5 of this section as well as one
15 authenticated copy of the order granting removal from the sexual of fender registry in the
16 jurisdiction where the of fense was adjudicated to the court in the county or city not within a
17 county in which the of fender is required to register . On receipt of a request for registration
18 removal, the registering court shall cause the order to be filed as a foreign judgment, together
19 with one copy of the documents and information, regardless of their form. The petitioner
20 shall be responsible for costs associated with filing the petition. Nothing in this subdivision
21 shall be construed to rem ove any r equir ements for a petition under this section or to
22 r emove the requi rem ent that a person pr ove he or she is entitled to rem oval under
23 Missouri law , when applicable.
24 (2) A person req uired to reg ister as an offender in this state based solely on an
25 offense adjudicated in another jurisdiction may file a petition for r emoval fr om this
26 state's sexual offender regi stry , provi ded that:
27 (a) The offense did not r equir e the person to r egister as an offender in the
28 adjudicating jurisdiction at the time the offense was adjudicated; or
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29 (b) The person never r esided, worked, or attended school in the adjudicating
30 jurisdiction and was never req uired to re gister in the adjudicating jurisdiction.
31 (3) A petition filed under subdivision (2) of this subsection shall otherwise satisfy
32 the req uirements applicable to a petition filed under subdivision (1) of this subsection.
33 3. A person required to register as a tier III of fender shall not file a petition under this
34 section unless the requirement to register results from a juvenile adjudication.
35 4. The petition shall be dismissed without prejudice if the following time periods
36 have not elapsed since the date the person was required to register for his or her most recent
37 of fense under sections 589.400 to 589.425:
38 (1) For a tier I of fense, ten years;
39 (2) For a tier II of fense, twenty-five years; or
40 (3) For a tier III of fense adjudicated delinquent, twenty-five years.
41 5. The petition shall be dismissed without prejudice if it fails to include any of the
42 following:
43 (1) The petitioner's:
44 (a) Full name, including any alias used by the [ individual ] petitioner ;
45 (b) Sex;
46 (c) Race;
47 (d) Date of birth;
48 (e) Last four digits of the Social Security number;
49 (f) Address; and
50 (g) Place of employment, school, or volunteer status;
51 (2) The of fense and tier of the of fense that required the petitioner to register;
52 (3) The date the petitioner was adjudicated for the of fense;
53 (4) The date the petitioner was required to register;
54 (5) The case number and court, including the county or city not within a county , that
55 entered the original order for the adjudicated sex of fense;
56 (6) Petitioner's original fingerprints on an applicant fingerprint card;
57 (7) If the petitioner was pardoned or an of fense requiring registration was reversed,
58 vacated, or set aside, an authenticated copy of the order; and
59 (8) If the petitioner is currently registered under applicable law and has not been
60 adjudicated for failure to register in any jurisdiction and does not have any char ges pending
61 for failure to register .
62 6. The petition shall name as respondents the Missouri state highway patrol and the
63 [ chief law enforcement ] regist ration of ficial in the county or city not within a county in
64 which the petition is filed.
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65 7. All proceedings under this section shall be governed under the Missouri supreme
66 court rules of civil procedure.
67 8. The person seeking removal or exemption from the registry shall provide the
68 prosecuting attorney in the circuit court in which the petition is filed with notice of the
69 petition. The prosecuting attorney may present evidence in opposition to the requested relief
70 or may otherwise demonstrate the reasons why the petition should be denied. Failure of the
71 person seeking removal or exemption from the registry to notify the prosecuting attorney of
72 the petition shall result in an automatic denial of such person's petition.
73 9. The Missouri state highway patr ol, the prosecuting attorney in the circuit court in
74 which the petition is filed , and the petitioner shall have access to all applicable records
75 concerning the petitioner including, but not limited to, criminal history records, mental health
76 records, juvenile records, and records of the department of corrections or probation and
77 parole.
78 10. The prosecuting attorney shall make reasonable ef forts to notify the victim of the
79 crime for which the person was required to register of the petition and the dates and times of
80 any hearings or other proceedings in connection with such petition.
81 1 1. The court shall not enter an order directing the removal of the petitioner's name
82 from the sexual of fender registry unless it finds the petitioner:
83 (1) Has not been adjudicated or does not have char ges pending for any additional
84 nonsexual of fense for which imprisonment for more than one year may be imposed since the
85 date the of fender was required to register for his or her current tier level;
86 (2) Has not been adjudicated or does not have char ges pending for any additional sex
87 of fense that would require registration under sections 589.400 to 589.425 since the date the
88 of fender was required to register for his or her current tier level, even if the of fense was
89 punishable by less than one year imprisonment;
90 (3) Has successfully completed any required periods of supervised release, probation,
91 or parole without revocation since the date the of fender was required to register for his or her
92 current tier level , or , in the case of lifetime supervision or prob ation, such term has been
93 r educed or terminated by a court of competent jurisdiction ;
94 (4) Has successfully completed an appropriate sex of fender treatment program as
95 approved by a court of competent jurisdiction or the Missouri department of corrections; and
96 (5) Is not a current or potential threat to public safety .
97 12. In order to meet the criteria required by subdivisions (1) and (2) of subsection 1 1
98 of this section, the fingerprints filed in the case shall be examined by the Missouri state
99 highway patrol. The petitioner shall be responsible for all costs associated with the
100 fingerprint-based criminal history check of both state and federal files under section 43.530.
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101 13. If the petition is denied due to an adjudication in violation of subdivision (1) or
102 (2) of subsection 1 1 of this section, the petitioner shall not file a new petition under this
103 section until:
104 (1) Fifteen years have passed from the date of the adjudication resulting in the denial
105 of relief if the petitioner is classified as a tier I of fender;
106 (2) T wenty-five years have passed from the date of adjudication resulting in the
107 denial of relief if the petitioner is classified as a tier II of fender; or
108 (3) T wenty-five years have passed from the date of the adjudication resulting in the
109 denial of relief if the petitioner is classified as a tier III of fender on the basis of a juvenile
110 adjudication.
111 14. If the petition is denied due to the petitioner having char ges pending in violation
112 of subdivision (1) or (2) of subsection 1 1 of this section, the petitioner shall not file a new
113 petition under this section until:
114 (1) The pending char ges resulting in the denial of relief have been finally disposed of
115 in a manner other than adjudication; or
116 (2) If the pending char ges result in an adjudication, the necessary time period has
117 elapsed under subsection 13 of this section.
118 15. (1) Except as prov ided in subdivision (2) of this subsection, if the petition is
119 denied for reasons other than those outlined in subsection 1 1 of this section, no successive
120 petition requesting such relief shall be filed for at least five years from the date the judgment
121 denying relief is entered.
122 (2) If the denial was based on a statute or law that has since been amended,
123 r epealed, or invalidated, a person may file a new petition within the five-year period. In
124 addition to the requi rem ents under subsection 5 of this section, the new petition shall
125 include the case number and court of the prior petition and identify the applicable
126 change in the statute or law .
127 16. If the court finds the petitioner is entitled to have his or her name removed from
128 the sexual of fender registry , the court shall enter judgment directing the removal of the name.
129 A copy of the judgment shall be provided to the respondents named in the petition.
130 17. Any person subject to the judgment requiring his or her name to be removed from
131 the sexual of fender registry is not required to register under sections 589.400 to 589.425
132 unless such person is required to register for an offense that was dif ferent from that listed on
133 the judgment of removal.
134 18. The court shall not deny the petition unless the petition failed to comply with the
135 provisions of sections 589.400 to 589.425 or the prosecuting attorney provided evidence
136 demonstrating the petition should be denied.
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137 19. (1) The pr ovisions of subsections 3 and 4 of this section shall not apply to
138 persons filing for exemption pursuant to this subsection.
139 (2) Except as pro vided in this subsection, a petition for exemption shall be
140 governed by the other requ irem ents pro vided in this section.
141 (3) A petition for exemption under this subsection shall be the exclusive r emedy
142 for adjudicating the applicability of the exemptions in this subsection.
143 (4) A person shall be order ed exempt fr om reg istration if the person meets the
144 r equir ements of this section and the offense re quiring r egistration is:
145 (a) Sexual conduct wher e no for ce or thr eat of for ce was dir ected toward the
146 victim, the victim was at least fourteen years of age, and the person was not mor e than
147 four years older than the victim at the time of the offense, unless the victim was under
148 the custodial authority of the offender at the time of the offense;
149 (b) Sexual conduct wher e no for ce or thr eat of for ce was dir ected toward the
150 victim or any other individual involved if the victim or other individual was eighteen
151 years of age or older , unless the victim was under the custodial authority of the offender
152 at the time of the offense;
153 (c) Pr omoting obscenity in the first degr ee under section 573.020;
154 (d) Pr omoting obscenity in the second degr ee under section 573.030;
155 (e) Furnishing pornographic materials to minors under section 573.040;
156 (f) Public display of explicit sexual material under section 573.060; or
157 (g) Coercin g acceptance of obscene material under section 573.065.
158 (5) The person shall have the burden of pr oving the person meets the
159 r equir ements for exemption. In determining whether the person meets the
1 6 0 r equir ements, a court may look beyond the offense of conviction and consider the
161 underlying facts and conduct of the offense when evaluating noncategorical exemptions.
162 (6) If a court determines a person to be exempt, the pr ovisions of sections
163 589.400 to 589.425 shall not apply for the purposes of the exempt offense. In the event a
164 person current ly regis tering is found to be exempt fr om the regi stration visit
165 r equir ements, the person shall also be rem oved fr om the sexual offender regi stry .
166 (7) Nothing in this subsection shall proh ibit a person fro m r emaining or being
167 placed on the sexual offender registry for any other nonexempt offense for which the
168 person is requ ired to regi ster under sections 589.400 to 589.425.
169 (8) If a petition for exemption is filed before a person is req uire d to reg ister
170 under sections 589.400 to 589.425, the requ irem ents of sections 589.400 to 589.425 shall
171 be automatically stayed pending the outcome. In the event a petition is denied, the
172 r equir ements of sections 589.400 to 589.425 shall be in effect thr ee business days
173 following the exhaustion of all appeal rights. Nothing in this subdivision shall alter or be
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174 construed to give any court authority to alter ongoing req uirements for persons whose
175 initial registr ation r equir ement begins prior to the filing of a petition for exemption until
176 a final order of exemption is enter ed.
177 20. The prov isions of subsections 3 and 4 of this section shall not apply to
178 persons filing for rem oval if the offense requ iring regist ration is r eversed, vacated, or set
179 aside. A petition for rem oval due to the offense being reversed, vacated, or set aside
180 shall be filed in accordance with all other r equir ements of this section and shall be the
181 exclusive r emedy for r emoval in such situations. Such petition shall include a certified
182 copy of the action reversing , vacating, or setting aside the offense req uiring regist ration.
183 21. This section shall be the sole r emedy for rem oval or exemption for persons
184 adjudicated of a r egisterable offense. No declaratory action shall be filed for rel ief fr om
185 r egistration r equir ements, except if reg istration, or thr eat ther eof, is the result of an
186 offense never requ iring r egistration. Nothing in this subsection shall be construed to
187 pr ohibit the filing of a declaratory action solely on the issue of what tier an offender
188 should be classified under .
589.403. 1. Any person who is required to register under sections 589.400 to 589.425
2 and who is paroled, dischar ged, or otherwise released from any correctional facility of the
3 department of corrections, any mental health institution, private jail under section 221.095, or
4 other private facility recognized by or contracted with the department of corrections or
5 department of mental health where such person was confined shall:
6 (1) If the person plans to reside in this state, be informed by the of ficial in char ge of
7 such correctional facility , private jail, or mental health institution of the person's possible duty
8 to register pursuant to sections 589.400 to 589.425. If such person is required to register
9 pursuant to sections 589.400 to 589.425, the of ficial in char ge of the correctional facility ,
10 private jail, or the mental health institution shall complete the initial registration notification
11 at least seven days prior to release and [ forward ] rep ort the offender's initial registration[ , ]
12 notification in accordance with subsection 1 of section 589.410 within three business days
13 of release[ , ] to the Missouri state highway patrol and the [ chief law enforcement ] regist ration
14 of ficial of the county or city not within a county where the person expects to reside upon
15 dischar ge, parole, or release; or
16 (2) If the person does not reside or plan to reside in Missouri, be informed by the
17 of ficial in char ge of such correctional facility , private jail, or mental health institution of the
18 person's possible duty to register under sections 589.400 to 589.425. If such person is
19 required to register under sections 589.400 to 589.425, the of ficial in char ge of the
20 correctional facility , private jail, or [ the ] mental health institution shall complete the initial
21 registration notification at least seven days prior to release and [ forward ] re port the
22 of fender's initial registration[ , ] notification in accordance with subsection 1 of section
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23 589.410 within three business days of release[ , ] to the Missouri state highway patrol and the
24 [ chief law enforcement ] regi stration of ficial [ within ] of the county or city not within a
25 county where the correctional facility , private jail, or mental health institution is located.
26 2. If the of fender refuses to complete and sign the registration information as outlined
27 in this section or fails to register with the [ chief law enforcement ] reg istration of ficial within
28 three business days as directed, the of fender commits the of fense of failure to register under
29 section 589.425 within the jurisdiction where the correctional facility , private jail, or mental
30 health institution is located.
589.404. As used in sections 589.400 to 589.425, the following terms mean:
2 (1) "Adjudicated" or "adjudication", adjudication of delinquency , a finding of guilt,
3 plea of guilt, finding of not guilty due to mental disease or defect, or plea of nolo contendere
4 to committing, attempting to commit, or conspiring to commit . Adjudication does not
5 r equir e the imposition of sentence for the purposes of sections 589.400 to 589.425. The
6 term "adjudication" shall include by ref erence all acts meeting the definition of
7 "conviction" under Section 1 1 1 of the Sex Offender Registration and Notification Act,
8 T itle I of the Adam W alsh Child Pr otection and Safety Act of 2006, P .L. 109-248, as
9 amended ;
10 (2) "Adjudicated delinquent", a person found to have committed an of fense that, if
11 committed by an adult, would be a criminal of fense;
12 (3) "Chief law enforcement of ficial", the sheriff's of fice of each county or the police
13 department of a city not within a county;
14 (4) "Electr onic mail", the transmission of information or communication by the
15 use of the internet, a computer , a facsimile machine, a pager , a cellular telephone or
16 other wir eless communication device, a video reco rder , or other electr onic means sent to
17 a person identified by a unique addr ess or addr ess number and recei ved by that person;
18 (5) "Entity", a business or organization that pr ovides internet service, electr onic
19 communications service, rem ote computing service, online service, electr onic mail
20 service, or electr onic instant message or chat services regar dless of whether the business
21 or organization is within or outside this state;
22 (6) "Instant message", a form of re al-time text communication between two or
23 mor e people. The communication is conveyed via computers connected over a network
24 such as the internet, or between cell phone or wirel ess communication device users, or
25 over a cell phone or wir eless communication device network;
26 (7) "Off ender registration", the required minimum informational content of sex
27 of fender registries, which shall consist of, but not be limited to, a full set of fingerprints on a
28 standard sex of fender registration card upon initial registration in Missouri, as well as all
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29 other forms and in whatever manner required by the Missouri state highway patrol upon
30 each initial and subsequent registration;
31 [ (5) ] (8) "Online identifier", includes all of the following: electr onic mail
32 addr ess, instant message scr een name, user ID, cell phone number or wire less
33 communication device number or identifier , chat or other internet communication
34 name, social media pro files, IP addr esses, or other identity information specified on the
35 r egistration form by the Missouri state highway patro l;
36 (9) "Part-time", mor e than seven days in any twelve-month period;
37 (10) "Proba tion officer", includes any agent of a private entity assigned to
38 pr ovide pr obation supervision services to an offender due to the offender's status as a
39 sexual offender who is req uire d to r egister pursuant to sections 589.400 to 589.425;
40 (1 1) "Registration official", the chief law enforce ment official for the county or
41 city not within a county in which the offender is re quir ed to r egister;
42 (12) "Residence", [ any place where an of fender sleeps for seven or more consecutive
43 or nonconsecutive days or nights within a twelve-month period ] the domicile of the
44 offender ;
45 [ (6) ] (13) "Sex of fender", any person who meets the criteria to register under sections
46 589.400 to 589.425 or under the Sex Of fender Registration and Notification Act, T itle I of
47 the Adam W alsh Child Protection and Safety Act of 2006, P .L. 109-248 , as amended ;
48 [ (7) ] (14) "Sex offender registr y", a system maintained by the Missouri state
49 highway patrol to collect, stor e, and disseminate all initial notification information,
50 r egistration information, offender status, and all other information requ ired under
51 sections 589.400 to 589.425. The sex offender r egistry is a distinct system fr om the
52 website maintained by the Missouri state highway patrol , which displays a distinct set of
53 information contained within the sex offender reg istry publicly on the web in
54 accordance with this section;
55 (15) "Sex of fense", any of fense [ which ] that is listed [ under section 589.414 or
56 comparable to those listed under section 589.414 or otherwise ] as a tier I offense, tier II
57 offense, or tier III offense, that is comparable to of fenses listed as a tier I offense, tier II
58 offense, or tier III offense, or that is otherwise comparable to offenses covered under the
59 Sex Of fender Registration and Notification Act, T itle I of the Adam W alsh Child Protection
60 and Safety Act of 2006, P .L. 109-248 , as amended ;
61 [ (8) ] (16) "Sexual act", any type or degree of genital, oral, or anal penetration;
62 [ (9) ] (17) "Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual
63 contact;
64 [ (10) ] (18) "Sexual contact", any touching of another person with the genitals or any
65 touching of the genitals or anus of another person, or the breast of a female person, or such
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66 touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come
67 into contact with another person, for the purpose of arousing or gratifying the sexual desire of
68 any person or for the purpose of terrorizing the victim;
69 [ (1 1) ] (19) "Sexual element", used for the purposes of distinguishing if sexual contact
70 or a sexual act was committed. Authorities shall refer to information filed by the prosecutor ,
71 amended information filed by the prosecutor , indictment information filed by the prosecutor ,
72 or amended indictment information filed by the prosecutor , the plea agreement, or court
73 documentation to determine if a sexual element exists;
74 [ (12) ] (20) "Signature", the name of the of fender signed in writing or electronic form
75 approved by the Missouri state highway patrol;
76 [ (13) ] (21) "Student", an individual who enrolls in or attends the physical location of
77 an educational institution, including a public or private secondary school, trade or
78 professional school, or an institution of higher education;
79 [ (14) ] (22) "T emporary res idence", any place wher e a person sleeps for seven or
80 mor e consecutive or nonconsecutive days or nights within a twelve-month period, other
81 than the person's domicile;
82 (23) "Tie r I offender",
83 (a) An individual who has been adjudicated for a tier I offense; or
84 (b) Any offender who is or has been adjudicated in any other state, territory , the
85 District of Columbia, or for eign country , or under federal, tribal, or military
86 jurisdiction for an offense comparable to a tier I offense or that meets the definition
87 of a tier I offense under the Sex Offender Registration and Notification Act, T itle I of the
88 Adam W alsh Child Pr otection and Safety Act of 2006, P .L. 109-248, as amended;
89 (24) "Tie r II offender",
90 (a) An individual who has been adjudicated for a tier II offense; or
91 (b) Any offender who is adjudicated for an offense comparable to a tier I offense
92 or failur e to regi ster offense under section 589.425 or comparable out-of-state failur e to
93 r egister offense and who is alread y requ ired to regi ster as a tier I offender due to having
94 been adjudicated of a tier I offense on a pr evious occasion; or
95 (c) Any offender who is or has been adjudicated in any other state, territory , the
96 District of Columbia, or for eign country , or under federal, tribal, or military
97 jurisdiction for an offense of a sexual nature or with a sexual element that is
98 comparable to a tier II offense or that meets the definition of a tier II offense under the
99 Sex Offender Registration and Notification Act, T itle I of the Adam W alsh Child
100 Pr otection and Safety Act of 2006, P .L. 109-248, as amended;
101 (25) "Tie r III offender",
102 (a) An individual who has been adjudicated for a tier III offense;
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103 (b) Any offender r egister ed as a pr edatory sexual offender or a persistent sexual
104 offender , as the terms "pr edatory sexual offender" and "persistent sexual offender" ar e
105 defined in section 566.125;
106 (c) Any offender who is adjudicated for an offense comparable to a tier I offense
107 or tier II offense or failur e to regi ster offense under section 589.425, or other
108 comparable out-of-state failur e to regist er offense, who has been or is alr eady r equir ed
109 to regi ster as a tier II offender because of having been adjudicated for a tier II offense,
110 two tier I offenses, or a combination of a tier I offense and a failure to registe r offense,
111 on a pr evious occasion;
112 (d) Any offender who is adjudicated in any other state, territory , the District of
113 Columbia, or for eign country , or under federal, tribal, or military jurisdiction for an
114 offense of a sexual nature or with a sexual element that is comparable to a tier III
115 offense or that meets the definition of a tier III offense under the Sex Offender
116 Registration and Notification Act, T itle I of the Adam W alsh Child Pr otection and
117 Safety Act of 2006, P .L. 109-248, as amended; or
118 (e) Any offender who is adjudicated in this state for any offense of a sexual
119 natur e or with a sexual element requ iring reg istration under sections 589.400 to 589.425
120 that is not classified as a tier I offense or tier II offense in this section;
121 (26) "Tie r I offense", the following adjudicated offenses:
122 (a) Kidnapping in the first degr ee under section 565.1 10 with sexual motivation
123 if the victim is eighteen years of age or older;
124 (b) Kidnapping in the second degr ee under section 565.120 with sexual
125 motivation if the victim is eighteen years of age or older;
126 (c) Kidnapping in the third degree under section 565.130 with sexual motivation
127 if the victim is eighteen years of age or older;
128 (d) Invasion of privacy under section 565.252 if the victim is less than eighteen
129 years of age;
130 (e) Child molestation in the second degr ee under section 566.068 as it existed
131 prior to January 1, 2017, if the punishment is less than one year;
132 (f) Sexual misconduct involving a child under section 566.083 if it is a first
133 offense and the punishment is less than one year;
134 (g) Sexual misconduct in the first degr ee under section 566.093;
135 (h) Sexual misconduct in the second degr ee under section 566.095;
136 (i) Sexual abuse in the first degr ee under section 566.100 if the victim is eighteen
137 years of age or older;
138 (j) Sexual abuse in the second degr ee under section 566.101 if the punishment is
139 less than a year;
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140 (k) Sex with an animal under section 566.1 1 1;
141 (l) Sexual conduct with a nursing facility r esident or vulnerable person in the
142 first degr ee under section 566.1 15 if the punishment is less than one year;
143 (m) Sexual conduct under section 566.1 16 with a nursing facility r esident or
144 vulnerable person;
145 (n) Sexual conduct in the course of public duty under section 566.145 if the
146 victim is eighteen years of age or older;
147 (o) T rafficking for the purpose of sexual exploitation under section 566.209 if the
148 victim is eighteen years of age or older;
149 (p) Pr omoting obscenity in the first degr ee under section 573.020 if the victim is
150 less than eighteen years of age;
151 (q) Pr omoting pornography for minors or obscenity in the second degr ee under
152 section 573.030 if the victim is less than eighteen years of age;
153 (r) Possession of child pornography under section 573.037;
154 (s) Furnishing pornographic material to minors under section 573.040;
155 (t) Public display of explicit sexual material under section 573.060 if the victim is
156 less than eighteen years of age; or
157 (u) Coerci ng acceptance of obscene material under section 573.065 if the victim
158 is less than eighteen years of age;
159 (27) "Tie r II offense", the following adjudicated offenses:
160 (a) Statutory sodomy in the second degree under section 566.064 if the victim is
161 sixteen to seventeen years of age;
162 (b) Child molestation in the third degr ee under section 566.069 if the victim is
163 between thirteen and fourteen years of age;
164 (c) Child molestation in the fourth degr ee under section 566.071 if the victim is
165 thirteen to seventeen years of age;
166 (d) Sexual misconduct involving a child under section 566.083 if it is a first
167 offense and the penalty is a term of imprisonment of one year or mor e;
168 (e) Sexual contact with a student under section 566.086 if the victim is thirteen to
169 seventeen years of age;
170 (f) Sexual abuse in the first degr ee under section 566.100 if the victim is thirteen
171 to seventeen years of age;
172 (g) Sexual conduct in the course of public duty under section 566.145 if the
173 victim is thirteen to seventeen years of age;
174 (h) Enticement of a child under section 566.151;
175 (i) Age misr epr esentation with intent to solicit a minor under section 566.153;
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176 (j) Patr onizing prosti tution under section 567.030 if the person patroni zed is
177 eighteen years of age or older;
178 (k) Pr omoting pro stitution in the first degr ee under section 567.050 if the victim
179 is eighteen years of age or older;
180 (l) Pr omoting pr ostitution in the second degr ee under section 567.060 if the
181 victim is eighteen years of age or older;
182 (m) Pr omoting pr ostitution in the third degr ee under section 567.070 if the
183 victim is eighteen years of age or older;
184 (n) Abuse of a child under section 568.060 if the offense is of a sexual natur e and
185 the victim is thirteen to seventeen years of age;
186 (o) Sexual exploitation of a minor under section 573.023;
187 (p) Pr omoting child pornography in the first degr ee under section 573.025; or
188 (q) Pr omoting child pornography in the second degr ee under section 573.035;
189 (28) "Tie r III offense", the following adjudicated offenses:
190 (a) Kidnapping in the first degre e under section 565.1 10 if the victim is under
191 eighteen years of age, excluding kidnapping by a par ent or guardian of a nonsexual
192 natur e;
193 (b) Kidnapping in the second degr ee under section 565.120 if the victim is under
194 eighteen years of age, excluding kidnapping by a par ent or guardian of a nonsexual
195 natur e;
196 (c) Kidnapping in the third degr ee under section 565.130 if the victim is under
197 eighteen years of age, excluding kidnapping by a par ent or guardian of a nonsexual
198 natur e;
199 (d) Child kidnapping under section 565.1 15;
200 (e) Rape in the first degr ee under section 566.030;
201 (f) Rape in the second degr ee under section 566.031;
202 (g) Statutory rape in the first degr ee under section 566.032;
203 (h) Statutory rape in the second degr ee under section 566.034;
204 (i) Sodomy in the first degr ee under section 566.060;
205 (j) Sodomy in the second degr ee under section 566.061;
206 (k) Statutory sodomy in the first degr ee under section 566.062;
207 (l) Statutory sodomy in the second degr ee under section 566.064 if the victim is
208 under sixteen years of age;
209 (m) Child molestation in the first degr ee under section 566.067;
210 (n) Child molestation in the second degr ee under section 566.068;
211 (o) Child molestation in the third degr ee under section 566.069 if the victim is
212 under thirteen years of age;
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213 (p) Child molestation in the fourth degr ee under section 566.071 if the victim is
214 under thirteen years of age;
215 (q) Sexual misconduct involving a child under section 566.083 if the offense is a
216 second or subsequent offense;
217 (r) Sexual contact with a student under section 566.086 if the victim is under
218 thirteen years of age;
219 (s) Sexual abuse in the first degr ee under section 566.100 if the victim is under
220 thirteen years of age;
221 (t) Sexual abuse in the second degr ee under section 566.101 if the penalty is a
222 term of imprisonment of one year or mor e;
223 (u) Sexual conduct with a nursing facility res ident or vulnerable person in the
224 first degr ee under section 566.1 15 if the punishment is one year or mor e;
225 (v) Sexual conduct in the course of public duty under section 566.145 if the
226 victim is under thirteen years of age;
227 (w) T rafficking for the purpose of sexual exploitation under section 566.209 if
228 the victim is under eighteen years of age;
229 (x) Sexual trafficking of a child in the first degr ee under section 566.210;
230 (y) Sexual trafficking of a child in the second degr ee under section 566.21 1;
231 (z) Patr onizing prost itution under section 567.030 if the offender is a persistent
232 offender or if the person patro nized is less than eighteen years of age;
233 (aa) Pr omoting prosti tution in the first degree under section 567.050 if the victim
234 is under eighteen years of age;
235 (bb) Pr omoting pro stitution in the second degr ee under section 567.060 if the
236 victim is under eighteen years of age;
237 (cc) Pr omoting pr ostitution in the third degr ee under section 567.070 if the
238 victim is under eighteen years of age;
239 (dd) Pr omoting travel for pr ostitution under section 567.085 if the victim is
240 under eighteen years of age;
241 (ee) Incest under section 568.020;
242 (ff) Endangering the welfare of a child in the first degr ee under section 568.045 if
243 the offense is sexual in nature;
244 (gg) Endangering the welfar e of a child in the first degre e under
2 4 5 section 568.045 with sexual inter course or deviate sexual inter course with a victim
246 under eighteen years of age;
247 (hh) Abuse of a child under section 568.060 if the offense is of a sexual natur e
248 and the victim is under thirteen years of age;
249 (ii) Genital mutilation of a female child under section 568.065;
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250 (jj) Use of a child in a sexual performance under section 573.200; or
251 (kk) Pr omoting a sexual performance by a child under section 573.205;
252 (29) "V ehicle", any land vehicle, watercraft, or aircraft.
589.405. 1. Any person who is required to register under sections 589.400 to 589.425
2 and who is released on probation, dischar ged upon payment of a fine, or released after
3 confinement in a county jail shall, prior to such release or dischar ge and at the time of
4 adjudication, be informed of the possible duty to register pursuant to sections 589.400 to
5 589.425 by the court having jurisdiction over the case. If such person is required to register
6 pursuant to sections 589.400 to 589.425 and is placed on probation, the court shall make it a
7 condition of probation that the of fender report within three business days to the [ chief law
8 enforcement ] reg istration of ficial of the county of adjudication or city not within a county of
9 adjudication to complete initial registration. If such of fender is not placed on probation, the
10 court shall:
11 (1) If the of fender resides in Missouri, complete the initial notification of duty to
12 register form approved by the state judicial records committee and the Missouri state highway
13 patrol and forward the form within three business days to the Missouri state highway patrol
14 and the [ chief law enforcement ] reg istration of ficial in the county or city not within a county
15 in which the of fender resides; or
16 (2) If the of fender does not reside in Missouri:
17 (a) Order the of fender to report directly to the [ chief law enforcement ] regist ration
18 of ficial in the county or city not within a county where the adjudication was heard to register
19 as provided in sections 589.400 to 589.425; and
20 (b) Complete the initial notification of duty to register form approved by the state
21 judicial records committee and the Missouri state highway patrol and forward the form within
22 three business days to the Missouri state highway patrol and the [ chief law enforcement ]
23 r egistration of ficial in the county or city not within a county where the of fender was
24 adjudicated.
25 2. If the of fender resides in Missouri and refuses to complete and sign the registration
26 information as provided in subdivision (1) of subsection 1 of this section, or if the offender
27 resides outside of Missouri and refuses to directly report to the [ chief law enforcement ]
28 r egistration of ficial as provided in subdivision (2) of subsection 1 of this section, the
29 of fender commits the offense of failure to register under section 589.425.
589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of
2 completion of an of fender registration form developed by the Missouri state highway patrol
3 or other format approved by the Missouri state highway patrol. Such form shall consist of a
4 statement, including the signature of the of fender , and shall include, but is not limited to, the
5 following:
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6 (1) A statement in writing signed by the person, giving the name, address, date of
7 birth, Social Security number , and phone number of the person, the license plate number and
8 vehicle description, including the year , make, model, and color of each vehicle owned or
9 operated by the of fender , any online identifiers[ , as defined in section 43.651, ] used by the
10 person, the place of employment of such person, enrollment within any institutions of higher
11 education, the crime which requires registration, whether the person was sentenced as a
12 persistent or predatory of fender pursuant to section 566.125, the date, place, and a brief
13 description of such crime, the date and place of the conviction or plea regarding such crime,
14 the age and gender of the victim at the time of the of fense and whether the person successfully
15 completed the Missouri sexual of fender program pursuant to section 589.040, if applicable;
16 (2) The fingerprints and palm prints of the person;
17 (3) Unless the offender's appearance has not changed significantly , a photograph of
18 such of fender as follows:
19 (a) Quarterly if a tier III sex of fender [ under section 589.414 ]. Such photograph shall
20 be taken every ninety days beginning in the month of the person's birth;
21 (b) Semiannually if a tier II sex of fender . Such photograph shall be taken in the
22 month of the person's birth and six months thereafter; and
23 (c) Y early if a tier I sex of fender . Such photograph shall be taken in the month of the
24 person's birth; [ and ]
25 (4) A DNA sample from the individual, if a sample has not already been obtained ;
26 and
27 (5) Information reg arding any temporary r esidence wher e the offender is
28 staying away fr om his or her primary r esidence for seven or mor e days, including the
29 period of time the offender is staying in such place, r egardless of whether the temporary
30 r esidence is in Missouri or any other place .
31 2. The of fender shall provide positive identification and documentation to
32 substantiate the accuracy of the information completed on the offender registration form,
33 including but not limited to the following:
34 (1) A photocopy of a valid driver's license or nondriver's identification card;
35 (2) A document verifying proof of the offender's residency; and
36 (3) A photocopy of the vehicle registration for each of the of fender's vehicles.
37 3. The Missouri state highway patrol shall maintain all required registration
38 information in digitized form.
39 4. [Upon receipt of any changes to an of fender's registration information contained in
40 this section, the Missouri state highway patrol shall immediately notify all other jurisdictions
41 in which the of fender is either registered or required to register .
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42 5. ] The of fender shall be responsible for reviewing his or her existing registration
43 information for accuracy at every regular in-person appearance and, if any inaccuracies are
44 found, provide proof of the information in question.
45 5. (1) Regular in-person appearances to the regist ration official following initial
46 r egistration shall be requ ired :
47 (a) Annually for tier I offenders;
48 (b) Every six months for tier II offenders; and
49 (c) Every ninety days for tier III offenders.
50 (2) For the purposes of establishing a schedule for regist ration appearances, the
51 r egistration official shall ensur e that the req uired r egistration interval is followed fr om
52 the date of any initial registr ation until the month of an offender's birth and at the
53 appr opriate interval beginning fr om the month of the offender's birth ther eafter .
54 6. The signed of fender registration form shall serve as proof that the individual
55 understands his or her duty to register as a sexual of fender under sections 589.400 to 589.425
56 and a statement to this ef fect shall be included on the form that the individual is required to
57 sign at each registration.
58 7. If an offender has a guardian appointed by a court of competent jurisdiction,
59 the guardian may sign affirming the accuracy of the offender reg istration form under
60 this section. Nothing in this subsection shall alleviate the re quir ements of the offender to
61 appear in person, nor shall this subsection be construed to affect any r estrictions
62 applicable to an offender because of the offender's status on the sexual offender regist ry .
589.410. 1. All notifications of a req uirement to register shall be repo rted to the
2 sex offender re gistry within thr ee days, in a manner pr escribed by the Missouri state
3 highway patr ol.
4 2. The [ chief law enforcement ] r egistration of ficial shall [ forward ] enter the
5 completed of fender registration [ form to ] forms and relat ed updates into the sex offender
6 r egistry in a manner pr escribed by the Missouri state highway patrol within three days.
7 The Missouri state highway patrol shall [ enter ] ensur e the information enter ed into the sex
8 offender reg istry is accessible thr ough the Missouri uniform law enforcement system
9 (MULES) [ where it is ] and forwarded to the National Crime Information Center (NCIC)
10 in accordance with applicable law . The information shall also be available to members of
11 the criminal justice system, and other entities as provided by law , upon inquiry . Certain
12 portions of the information shall also be published on the internet in accordance with
13 this section.
[43.650.] 589.41 1. 1. The Missouri state highway patrol shall[ , subject to
2 appropriation, ] maintain a web page on the internet which shall be open to the public and
3 shall include a registered sexual of fender search capability .
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4 2. Except as provided in subsections 4 and 5 of this section, the registered sexual
5 of fender search shall make it possible for any person using the internet to search for and find
6 the information specified in subsection 4 of this section, if known, on offenders registered in
7 this state pursuant to sections 589.400 to 589.425.
8 3. The registered sexual of fender search shall include the capability to search for
9 sexual of fenders by name, zip code, and by typing in an address and specifying a search
10 within a certain number of miles radius from that address.
11 4. Only the information listed in this subsection shall be provided to the public in the
12 registered sexual of fender search:
13 (1) The name and any known aliases of the of fender;
14 (2) The date of birth and any known alias dates of birth of the of fender;
15 (3) A physical description of the of fender;
16 (4) The residence, temporary , work, and school addresses of the of fender , including
17 the street address, city , county , state, and zip code;
18 (5) Any photographs of the offender;
19 (6) A physical description of the of fender's vehicles, including the year , make, model,
20 color , and license plate number;
21 (7) The nature and dates of all of fenses qualifying the of fender to register , including
22 the tier level assigned to the of fender under sections 589.400 to 589.425;
23 (8) The date on which the of fender was released from the department of mental
24 health, prison, or jail, or placed on parole, supervised release, or probation for the of fenses
25 qualifying the of fender to register;
26 (9) Compliance status of the of fender with the provisions of section 589.400 to
27 589.425; and
28 (10) Any online identifiers[ , as defined in section 43.651, ] used by the person. Such
29 online identifiers shall not be included in the general profile of an of fender on the web page
30 and shall only be available to a member of the public by a search using the specific online
31 identifier to determine if a match exists with a registered of fender .
32 5. Juveniles required to register under subdivision [ (5) ] (4) of subsection 1 of section
33 589.400 shall be exempt from public notification on the internet to include any adjudications
34 from another state, territory , the District of Columbia, or foreign country or any federal, tribal,
35 or military jurisdiction.
36 6. The Missouri state highway patro l shall regu larly update the web page to
37 r emove persons who have been ordered rem oved or exempt by a court in accordance
38 with section 589.401 persons who are deceased and persons who have moved out of the
39 state. In the case of a person who has moved out of the state, the entry shall r emain until
40 the Missouri state highway patrol confirms the person has complied with all regist ration
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41 r equir ements in the person's new state, territory , or country of res idence, when
42 applicable.
43 7. In addition to the web page maintained by the Missouri state highway patro l,
44 a r egistration official may maintain a web page on the internet, which shall be open to
45 the public and shall include a regi stered sexual offender sear ch capability . Except as
46 pr ovided in subsections 5 and 6 of this section, the regist ered sexual offender sear ch
47 shall make it possible for any person using the internet to sear ch for and find the
48 information specified in subsection 5 of this section, if known, on offenders register ed in
49 this state pursuant to sections 589.400 to 589.425. The chief law enforcem ent officer of
50 any county or city not within a county may also publish in any newspaper distributed in
51 the county or city not within a county the offender information pr ovided under
52 subsection 3 of this section for any offender res iding in the county or city not within a
53 county .
[43.651.] 589.412. [ 1. As used in this section, the following terms shall mean:
2 (1) "Electronic mail", the transmission of information or communication by the use of
3 the internet, a computer , a facsimile machine, a pager , a cellular telephone or other wireless
4 communication device, a video recorder , or other electronic means sent to a person identified
5 by a unique address or address number and received by that person;
6 (2) "Entity", a business or org anization that provides internet service, electronic
7 communications service, remote computing service, online service, electronic mail service, or
8 electronic instant message or chat services whether the business or or ganization is within or
9 outside this state;
10 (3) "Instant message", a form of real-time text communication between two or more
11 people. The communication is conveyed via computers connected over a network such as the
12 internet, or between cell phone or wireless communication device users, or over a cell phone
13 or wireless communication device network;
14 (4) "Online identifier", includes all of the following: electronic mail address and
15 instant message screen name, user ID, cell phone number or wireless communication device
16 number or identifier , chat or other internet communication name, or other identity
17 information.
18 2. ] Subject to appropriations, the Missouri state highway patrol shall make registry
19 information regarding a registered sexual of fender's online identifiers available to an entity
20 for the purpose of allowing the entity to prescreen users or for comparison with information
21 held by the entity as provided by this subsection:
22 (1) The information obtained by an entity from the state sexual of fender registry shall
23 not be used for any purpose other than for prescreening its users or comparing the database of
24 registered users of the entity against the list of online identifiers of persons in the state sexual
HB 3049 30
25 of fender registry in order to protect children from online sexual predators. The Missouri
26 state highway patrol shall promulgate rules and regulations regarding the release and use of
27 online identifier information. Any rule or portion of a rule, as that term is defined in section
28 536.010, that is created under the authority delegated in this section shall become ef fective
29 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable,
30 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
31 vested with the general assembly pursuant to chapter 536 to review , to delay the ef fective
32 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant
33 of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be
34 invalid and void;
35 (2) Any entity desiring to prescreen its users or compare its database of registered
36 users to the list of online identifiers of persons in the state sexual of fender registry may apply
37 to the Missouri state highway patrol to access the information. An entity that complies with
38 the rules and regulations promulgated by the Missouri state highway patrol regarding the
39 release and use of the online identifier information and pays the fee established by the
40 Missouri state highway patrol may screen new users or compare its database of registered
41 users to the list of online identifiers of persons in the state sexual of fender registry as
42 frequently as the Missouri state highway patrol may allow for the purpose of identifying a
43 registered user associated with an online identifier contained in the state sexual of fender
44 registry;
45 (3) Any entity complying with this subsection in good faith shall be immune from any
46 civil or criminal liability resulting from:
47 (a) The entity's refusal to provide system service to a person on the basis that the
48 entity believed that the person was required to register under sections 589.400 to 589.425;
49 (b) A person's criminal or tortious acts when the person is required to register
50 pursuant to sections 589.400 to 589.425, and the person complied with the requirement to
51 register their online identifiers under section 589.407, and committed the criminal or tortious
52 acts against a minor with whom he or she had communicated on the entity's system by using
53 their registered online identifier; or
54 (c) Any activity for which the entity would be immune from liability under 47 U.S.C.
55 Section 230.
[43.533.] 589.413. 1. The Missouri state highway patrol shall, subject to
2 appropriation, operate a toll-free telephone number in order to disseminate registration
3 information provided by [ individuals ] persons who are required to register under sections
4 589.400 to 589.425, and receive information from persons regarding the residency of a
5 registered sexual of fender . The information available via the telephone number shall include
6 only information that of fenders are required to provide under section 589.407. When the
HB 3049 31
7 Missouri state highway patrol provides such information regarding a sexual of fender , the
8 patrol personnel shall advise the person making the inquiry that positive identification of a
9 person believed to be a sexual of fender cannot be established unless a fingerprint comparison
10 is made, and that it is illegal to use such information regarding a registered sexual of fender to
11 facilitate the commission of a crime. The toll-free telephone number shall be published on
12 the Missouri state highway patrol's sexual of fender registry website maintained under
13 section [ 43.650 ] 589.41 1 .
14 2. The Missouri state highway patrol shall promulgate rules to ef fect the
15 enforcement of this section. Any rule or portion of a rule, as that term is defined in section
16 536.010, that is created under the authority delegated in this section shall become ef fective
17 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable,
18 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
19 vested with the general assembly pursuant to chapter 536 to review , to delay the ef fective
20 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant
21 of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be
22 invalid and void.
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 ] regi stration official if there is a change to any of the
4 following information:
5 (1) Name;
6 (2) Residence;
7 (3) Employment, including status as a volunteer or intern;
8 (4) Student status; or
9 (5) A termination to any of the items listed in this subsection.
10 2. Any person required to register under sections 589.400 to 589.425 shall, within
11 three business days, notify the [ chief law enforcement ] regi stration of ficial [ of the county or
12 city not within a county ] of any changes to the following information:
13 (1) V ehicle information;
14 (2) [T emporary lodging information;
15 (3) ] T emporary residence information;
16 [ (4) Email addresses, instant messaging addresses, and any other designations used in
17 internet communications, postings, or telephone communications; or
18 (5) ] (3) T elephone or other cellular number , including any new forms of electronic
19 communication ; or
20 (4) Online identifiers .
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21 3. The [ chief law enforcement ] regi stration of ficial [ in the county or city not within a
22 county ] shall immediately forward the registration changes described under subsections 1 and
23 2 of this section to the Missouri state highway patrol within three business days in
24 accordance with section 589.410 .
25 4. (1) If any person required by sections 589.400 to 589.425 to register changes such
26 person's residence or address to a dif ferent county or city not within a county , the person shall
27 appear in person and shall inform both the [ chief law enforcement ] regi stration of ficial with
28 whom the person last registered and the [ chief law enforcement ] r egistration of ficial of the
29 county or city not within a county having jurisdiction over the new residence or address in
30 writing within three business days of such new address and phone number , if the phone
31 number is also changed.
32 (2) If any person required by sections 589.400 to 589.425 to register changes his or
33 her state, territory , the District of Columbia, or foreign country , or federal, tribal, or military
34 jurisdiction of residence, the person shall appear in person and shall inform both the [ chief
35 law enforcement ] re gistration of ficial with whom the person was last registered and the
36 [ chief law enforcement ] regi stration of ficial of the area in the new state, territory , the District
37 of Columbia, or foreign country , or federal, tribal, or military jurisdiction having jurisdiction
38 over the new residence or address within three business days of such new address.
39 (3) Whenever a registrant changes residence, the [ chief law enforcement ]
4 0 r egistration of ficial of the county or city not within a county where the person was
41 previously registered shall inform the Missouri state highway patrol of the change within
42 three business days.
43 (4) When the registrant is changing the residence to a new state, territory , the District
44 of Columbia, or foreign country , or federal, tribal, or military jurisdiction, the Missouri state
45 highway patrol shall inform the responsible of ficial in the new state, territory , the District of
46 Columbia, or foreign country , or federal, tribal, or military jurisdiction of residence within
47 three business days.
48 5. Registrants shall appear in person before the re gistration official and
49 complete all forms requ ired for such purposes by the United States Marshal's Service no
50 less than twenty-one days before travel outside of the United States. Such information
51 shall be forwarded to the United States Marshal's Service, and a copy shall be pr ovided
52 by the registr ation official to the Missouri state highway patr ol in a manner prescrib ed
53 by the Missouri state highway patrol.
54 6. Offenders shall be classified as a tier I offender , tier II offender , or tier III
55 offender in accordance with this section. T o the extent mor e than one tier definition
56 applies to an offender , the highest tier that applies shall be the tier the offender is
57 classified into.
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58 7. The initial determination as to the tier of an offender shall be made by the
59 r egistration official when an offender first appears for registra tion with the official.
60 Upon recei pt of an initial offender regi stration fr om a new regist ration official, the
61 Missouri state highway patrol shall analyze the initial tier determination for accuracy .
62 If the Missouri state highway patrol determines the initial tier decision is inaccurate, the
63 Missouri state highway patrol shall notify the reg istration official, and the Missouri
64 state highway patro l's determination shall control the tier classification. Upon re ceipt of
65 an updated tiering decision, the regist ration official shall notify the offender no later
66 than the next prev iously scheduled in-person check-in for the offender . Upon
67 notification of the offender or failure of the offender to appear at the next regula rly
68 scheduled in-person check, r eporting r equire ments aligning with the new tier
6 9 determination shall be in effect.
70 8. T ier I [ sexual ] of fenders, in addition to the requirements of subsections 1 to [ 4 ] 5 of
71 this section, shall report in person [ to ] befor e the [ chief law enforcement ] regi stration
72 of ficial annually in the month of their birth to verify the information contained in their
73 statement made pursuant to section 589.407. [T ier I sexual of fenders include:
74 (1) Any offender who has been adjudicated for the of fense of:
75 (a) Sexual abuse in the first degree under section 566.100 if the victim is eighteen
76 years of age or older;
77 (b) Sexual misconduct involving a child under section 566.083 if it is a first of fense
78 and the punishment is less than one year;
79 (c) Sexual abuse in the second degree under section 566.101 if the punishment is less
80 than a year;
81 (d) Kidnapping in the second degree under section 565.120 with sexual motivation;
82 (e) Kidnapping in the third degree under section 565.130;
83 (f) Sexual conduct with a nursing facility resident or vulnerable person in the first
84 degree under section 566.1 15 if the punishment is less than one year;
85 (g) Sexual conduct under section 566.1 16 with a nursing facility resident or
86 vulnerable person;
87 (h) Sexual contact with a prisoner or of fender under section 566.145 if the victim is
88 eighteen years of age or older;
89 (i) Sex with an animal under section 566.1 1 1;
90 (j) T raff icking for the purpose of sexual exploitation under section 566.209 if the
91 victim is eighteen years of age or older;
92 (k) Possession of child pornography under section 573.037;
93 (l) Sexual misconduct in the first degree under section 566.093;
94 (m) Sexual misconduct in the second degree under section 566.095;
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95 (n) Child molestation in the second degree under section 566.068 as it existed prior to
96 January 1, 2017, if the punishment is less than one year; or
97 (o) Invasion of privacy under section 565.252 if the victim is less than eighteen years
98 of age;
99 (2) Any of fender who is or has been adjudicated in any other state, territory , the
100 District of Columbia, or foreign country , or under federal, tribal, or military jurisdiction of an
101 of fense of a sexual nature or with a sexual element that is comparable to the tier I sexual
102 of fenses listed in this subsection or , if not comparable to those in this subsection, comparable
103 to those described as tier I of fenses under the Sex Of fender Registration and Notification Act,
104 T itle I of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248.
105 6. ] 9. T ier II [ sexual ] of fenders, in addition to the requirements of subsections 1 to [ 4 ]
106 5 of this section, shall report semiannually in person in the month of their birth and six
107 months thereafter to the [ chief law enforcement ] r egistration of ficial to verify the
108 information contained in their statement made pursuant to section 589.407. [T ier II sexual
109 of fenders include:
110 (1) Any offender who has been adjudicated for the of fense of:
111 (a) Statutory sodomy in the second degree under section 566.064 if the victim is
112 sixteen to seventeen years of age;
113 (b) Child molestation in the third degree under section 566.069 if the victim is
114 between thirteen and fourteen years of age;
115 (c) Sexual contact with a student under section 566.086 if the victim is thirteen to
116 seventeen years of age;
117 (d) Enticement of a child under section 566.151;
118 (e) Abuse of a child under section 568.060 if the of fense is of a sexual nature and the
119 victim is thirteen to seventeen years of age;
120 (f) Sexual exploitation of a minor under section 573.023;
121 (g) Promoting child pornography in the first degree under section 573.025;
122 (h) Promoting child pornography in the second degree under section 573.035;
123 (i) Patronizing prostitution under section 567.030;
124 (j) Sexual contact with a prisoner or offender under section 566.145 if the victim is
125 thirteen to seventeen years of age;
126 (k) Child molestation in the fourth degree under section 566.071 if the victim is
127 thirteen to seventeen years of age;
128 (l) Sexual misconduct involving a child under section 566.083 if it is a first of fense
129 and the penalty is a term of imprisonment of more than a year; or
130 (m) Age misrepresentation with intent to solicit a minor under section 566.153;
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131 (2) Any person who is adjudicated of an of fense comparable to a tier I of fense listed
132 in this section or failure to register of fense under section 589.425 or comparable out-of-state
133 failure to register of fense and who is already required to register as a tier I of fender due to
134 having been adjudicated of a tier I of fense on a previous occasion; or
135 (3) Any person who is or has been adjudicated in any other state, territory , the District
136 of Columbia, or foreign country , or under federal, tribal, or military jurisdiction for an of fense
137 of a sexual nature or with a sexual element that is comparable to the tier II sexual of fenses
138 listed in this subsection or , if not comparable to those in this subsection, comparable to those
139 described as tier II of fenses under the Sex Of fender Registration and Notification Act, T itle I
140 of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248.
141 7. ] 10. T ier III [ sexual ] of fenders, in addition to the requirements of subsections 1 to
142 [ 4 ] 5 of this section, shall report in person [ to ] before the [ chief law enforcement ]
143 r egistration of ficial every ninety days to verify the information contained in their statement
144 made under section 589.407. [T ier III sexual of fenders include:
145 (1) Any of fender registered as a predatory sexual of fender as defined in section
146 566.123 or a persistent sexual of fender as defined in section 566.124;
147 (2) Any offender who has been adjudicated for the crime of:
148 (a) Rape in the first degree under section 566.030;
149 (b) Statutory rape in the first degree under section 566.032;
150 (c) Rape in the second degree under section 566.031;
151 (d) Endangering the welfare of a child in the first degree under section 568.045 if the
152 of fense is sexual in nature;
153 (e) Sodomy in the first degree under section 566.060;
154 (f) Statutory sodomy under section 566.062;
155 (g) Statutory sodomy under section 566.064 if the victim is under sixteen years of
156 age;
157 (h) Sodomy in the second degree under section 566.061;
158 (i) Sexual misconduct involving a child under section 566.083 if the offense is a
159 second or subsequent of fense;
160 (j) Sexual abuse in the first degree under section 566.100 if the victim is under
161 thirteen years of age;
162 (k) Kidnapping in the first degree under section 565.1 10 if the victim is under
163 eighteen years of age, excluding kidnapping by a parent or guardian;
164 (l) Child kidnapping under section 565.1 15;
165 (m) Sexual conduct with a nursing facility resident or vulnerable person in the first
166 degree under section 566.1 15 if the punishment is greater than a year;
167 (n) Incest under section 568.020;
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168 (o) Endangering the welfare of a child in the first degree under section 568.045 with
169 sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;
170 (p) Child molestation in the first degree under section 566.067;
171 (q) Child molestation in the second degree under section 566.068;
172 (r) Child molestation in the third degree under section 566.069 if the victim is under
173 thirteen years of age;
174 (s) Promoting prostitution in the first degree under section 567.050 if the victim is
175 under eighteen years of age;
176 (t) Promoting prostitution in the second degree under section 567.060 if the victim is
177 under eighteen years of age;
178 (u) Promoting prostitution in the third degree under section 567.070 if the victim is
179 under eighteen years of age;
180 (v) Promoting travel for prostitution under section 567.085 if the victim is under
181 eighteen years of age;
182 (w) T raf ficking for the purpose of sexual exploitation under section 566.209 if the
183 victim is under eighteen years of age;
184 (x) Sexual traff icking of a child in the first degree under section 566.210;
185 (y) Sexual traff icking of a child in the second degree under section 566.21 1;
186 (z) Genital mutilation of a female child under section 568.065;
187 (aa) Statutory rape in the second degree under section 566.034;
188 (bb) Child molestation in the fourth degree under section 566.071 if the victim is
189 under thirteen years of age;
190 (cc) Sexual abuse in the second degree under section 566.101 if the penalty is a term
191 of imprisonment of more than a year;
192 (dd) Patronizing prostitution under section 567.030 if the of fender is a persistent
193 of fender;
194 (ee) Abuse of a child under section 568.060 if the of fense is of a sexual nature and the
195 victim is under thirteen years of age;
196 (f f) Sexual contact with a prisoner or of fender under section 566.145 if the victim is
197 under thirteen years of age;
198 (gg) Sexual intercourse with a prisoner or of fender under section 566.145;
199 (hh) Sexual contact with a student under section 566.086 if the victim is under
200 thirteen years of age;
201 (ii) Use of a child in a sexual performance under section 573.200; or
202 (jj) Promoting a sexual performance by a child under section 573.205;
203 (3) Any of fender who is adjudicated for a crime comparable to a tier I or tier II
204 of fense listed in this section or failure to register of fense under section 589.425, or other
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205 comparable out-of-state failure to register of fense, who has been or is already required to
206 register as a tier II of fender because of having been adjudicated for a tier II offense, two tier I
207 of fenses, or combination of a tier I of fense and failure to register of fense, on a previous
208 occasion;
209 (4) Any of fender who is adjudicated in any other state, territory , the District of
210 Columbia, or foreign country , or under federal, tribal, or military jurisdiction for an of fense of
211 a sexual nature or with a sexual element that is comparable to a tier III offense listed in this
212 section or a tier III of fense under the Sex Of fender Registration and Notification Act, T itle I
213 of the Adam W alsh Child Protection and Safety Act of 2006, Pub. L. 109-248; or
214 (5) Any of fender who is adjudicated in Missouri for any offense of a sexual nature
215 requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier
216 II of fense in this section.
217 8. ] 1 1. In addition to the requirements of subsections 1 to [ 7 ] 5 and 8 to 10 of this
218 section, all Missouri registrants who work, including as a volunteer or unpaid intern, or attend
219 any school whether public or private, including any secondary school, trade school,
220 professional school, or institution of higher education, on a full-time or part-time basis or
221 have a temporary residence in this state shall be required to report in person [ to ] befor e the
222 [ chief law enforcement of ficer ] r egistration official in the area of the state where they work,
223 including as a volunteer or unpaid intern, or attend any school or training and register in that
224 state. ["Part-time" in this subsection means for more than seven days in any twelve-month
225 period.
226 9. ] 12. If a person who is required to register as a sexual of fender under sections
227 589.400 to 589.425 changes or obtains a new online identifier [ as defined in section 43.651 ],
228 the person shall report such information in the same manner as a change of residence before
229 using such online identifier .
589.415. [ 1. ] Any probation of ficer or parole of ficer assigned to a sexual of fender
2 who is required to register pursuant to sections 589.400 to 589.425 shall notify the
3 appropriate law enforcement of ficials whenever the prob ation officer or par ole officer has
4 reason to believe that the of fender will be changing his or her residence. Upon obtaining the
5 new address where the of fender expects to reside, the pr obation of ficer or parol e officer
6 shall report such address to the [ chief law enforcement ] re gistration official with whom the
7 of fender last registered and the [ chief law enforcement ] regist ration of ficial of the county
8 having jurisdiction over the new residence, if dif ferent. The pr obation of ficer or par ole
9 officer shall also inform the of fender of the of fender's duty to register . However , nothing in
10 this section shall af fect the of fender's duty to register , pursuant to sections 589.400 to
11 589.425.
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12 [ 2. As used in this section, the term "probation of ficer" includes any agent of a private
13 entity assigned to provide probation supervision services to an of fender due to the of fender's
14 status as a sexual of fender who is required to register pursuant to sections 589.400 to
15 589.425.]
589.417. 1. Except for the specific information listed in subsection 2 of this section,
2 the complete statements, photographs and fingerprints required by sections 589.400 to
3 589.425 shall not be subject to the provisions of chapter 610 and are not public records as
4 defined in section 610.010, and shall be available only to courts, prosecutors and law
5 enforcement agencies.
6 2. [ Notwithstanding any provision of law to the contrary , the chief law enforcement
7 of ficial of the county ] (1) The following information shall be available as an open reco rd
8 under chapter 610:
9 (a) Any information ret ained by the Missouri state highway patrol req uired to
10 be published on the internet at the time of the request , as pr ovided in section 589.41 1;
11 and
12 (b) The name, offense r equiring r egistration, dates of r egistration, and
13 compliance status of any offender who has been rem oved fr om the internet because
14 of death or a move out of the state. For offenders who have moved out of the state, the
15 new state of res idence shall also be an open record .
16 (2) The regist ration official shall maintain, for all of fenders registered in such
17 county , a complete list of the names, addresses and crimes for which such offenders are
18 registered. Any person may request such list from the [ chief law enforcement ] regist ration
19 of ficial of the county .
20 3. Nothing in this section shall be construed to open any rec ords relat ing to an
21 offender who has been rem oved fr om the sexual offender registr y or found exempt
22 under section 589.401. Such recor ds shall be governed by the pro visions of chapter 610.
23 4. The metadata reco rded by the sex offender reg istry system, website, or other
24 r elated databases utilized by the sex offender r egistry including activity logs, user
25 information, or other rela ted information shall be a closed r ecord, available only to
26 authorized users for the administration of criminal justice, as the term "administration
27 of criminal justice" is defined in section 43.500.
[ 589.402 . 1. The chief law enforcement of ficer of the county or city
2 not within a county may maintain a web page on the internet, which shall be
3 open to the public and shall include a registered sexual of fender search
4 capability .
5 2. Except as provided in subsections 4 and 5 of this section, the
6 registered sexual of fender search shall make it possible for any person using
7 the internet to search for and find the information specified in subsection 3 of
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8 this section, if known, on of fenders registered in this state pursuant to sections
9 589.400 to 589.425.
10 3. Only the information listed in this subsection shall be provided to
11 the public in the registered sexual of fender search:
12 (1) The name and any known aliases of the of fender;
13 (2) The date of birth and any known alias dates of birth of the
14 of fender;
15 (3) A physical description of the of fender;
16 (4) The residence, temporary , work, and school addresses of the
17 of fender , including the street address, city , county , state, and zip code;
18 (5) Any photographs of the offender;
19 (6) A physical description of the of fender's vehicles, including the
20 year , make, model, color , and license plate number;
21 (7) The nature and dates of all of fenses qualifying the of fender to
22 register , including the tier level assigned to the of fender under sections
23 589.400 to 589.425;
24 (8) The date on which the of fender was released from the department
25 of mental health, prison, or jail, or placed on parole, supervised release, or
26 probation for the of fenses qualifying the of fender to register;
27 (9) Compliance status of the of fender with the provisions of sections
28 589.400 to 589.425; and
29 (10) Any online identifiers, as defined in section 43.651, used by the
30 person. Such online identifiers shall not be included in the general profile of
31 an of fender on the web page and shall only be available to a member of the
32 public by a search using the specific online identifier to determine if a match
33 exists with a registered of fender .
34 4. The chief law enforcement of ficer of any county or city not within a
35 county may publish in any newspaper distributed in the county or city not
36 within a county the sexual of fender information provided under subsection 3
37 of this section for any of fender residing in the county or city not within a
38 county .
39 5. Juveniles required to register under subdivision (6) of subsection 1
40 of section 589.400 shall be exempt from public notification to include any
41 adjudications from another state, territory , the District of Columbia, or foreign
42 country or any federal, tribal, or military jurisdiction. ]
✔
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