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SECOND REGULAR SESSION
HOUSE BILL NO. 3426
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WEBER.
7338H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 455.050, 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073,
565.074, 565.076, 565.090, 565.091, 565.225, and 565.227, RSMo, and to enact in
lieu thereof twenty-one new sections relating to criminal of fenses, with penalty
provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 455.050, 565.002, 565.050, 565.052, 565.054, 565.056, 565.072,
2 565.073, 565.074, 565.076, 565.090, 565.091, 565.225, and 565.227, RSMo, are repealed and
3 twenty-one new sections enacted in lieu thereof, to be known as sections 27.1 17, 455.050,
4 544.667, 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073, 565.074, 565.076,
5 565.090, 565.091, 565.225, 565.227, 565.260, 565.400, 565.405, 573.570, and 573.575, to
6 read as follows:
27.1 17 . The attorney general shall have concurr ent jurisdiction with any and all
2 pr osecuting attorneys to pr osecute persons in violation of section 565.090, 565.091,
3 565.225, 565.227, 565.400, 565.405, 573.570, or 573.575 if the offense occurr ed in mor e
4 than one jurisdiction of the state.
455.050. 1. Any full or ex parte order of protection granted pursuant to sections
2 455.010 to 455.085 shall be to protect the petitioner from cyberstalking, domestic violence,
3 stalking, or sexual assault and may include such terms as the court reasonably deems
4 necessary to ensure the petitioner's safety , including but not limited to:
5 (1) T emporarily enjoining the respondent from committing or threatening to commit
6 cyberstalking, domestic violence, molesting, stalking, sexual assault, or disturbing the peace
7 of the petitioner , including violence against a pet;
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.
8 (2) T emporarily enjoining the respondent from entering the premises of the dwelling
9 unit of the petitioner when the dwelling unit is:
10 (a) Jointly owned, leased or rented or jointly occupied by both parties; or
11 (b) Owned, leased, rented or occupied by petitioner individually; or
12 (c) Jointly owned, leased, rented or occupied by petitioner and a person other than
13 respondent; provided, however , no spouse shall be denied relief pursuant to this section by
14 reason of the absence of a property interest in the dwelling unit; or
15 (d) Jointly occupied by the petitioner and a person other than respondent; provided
16 that the respondent has no property interest in the dwelling unit; or
17 (3) T emporarily enjoining the respondent from communicating with the petitioner in
18 any manner or through any medium.
19 2. Mutual orders of protection are prohibited unless both parties have properly filed
20 written petitions and proper service has been made in accordance with sections 455.010 to
21 455.085.
22 3. When the court has, after a hearing for any full order of protection, issued an order
23 of protection, it may , in addition:
24 (1) A ward custody of any minor child born to or adopted by the parties when the court
25 has jurisdiction over such child and no prior order regarding custody is pending or has been
26 made, and the best interests of the child require such order be issued;
27 (2) Establish a visitation schedule that is in the best interests of the child;
28 (3) A ward child support in accordance with supreme court rule 88.01 and chapter
29 452;
30 (4) A ward maintenance to petitioner when petitioner and respondent are lawfully
31 married in accordance with chapter 452;
32 (5) Order respondent to make or to continue to make rent or mortgage payments on a
33 residence occupied by the petitioner if the respondent is found to have a duty to support the
34 petitioner or other dependent household members;
35 (6) Order the respondent to pay the petitioner's rent at a residence other than the one
36 previously shared by the parties if the respondent is found to have a duty to support the
37 petitioner and the petitioner requests alternative housing;
38 (7) Order that the petitioner be given temporary possession of specified personal
39 property , such as automobiles, checkbooks, keys, and other personal ef fects;
40 (8) Prohibit the respondent from transferring, encumbering, or otherwise disposing of
41 specified property mutually owned or leased by the parties;
42 (9) Order the respondent to participate in a court-approved counseling program
43 designed to help batterers stop violent behavior or to participate in a substance abuse
44 treatment program;
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45 (10) Order the respondent to pay a reasonable fee for housing and other services that
46 have been provided or that are being provided to the petitioner by a shelter for victims of
47 domestic violence;
48 (1 1) Order the respondent to pay court costs;
49 (12) Order the respondent to pay the cost of medical treatment and services that have
50 been provided or that are being provided to the petitioner as a result of injuries sustained to
51 the petitioner by an act of domestic violence committed by the respondent;
52 (13) A ward possession and care of any pet, along with any moneys necessary to cover
53 medical costs that may have resulted from abuse of the pet.
54 4. A verified petition seeking orders for maintenance, support, custody , visitation,
55 payment of rent, payment of monetary compensation, possession of personal property ,
56 prohibiting the transfer , encumbrance, or disposal of property , or payment for services of a
57 shelter for victims of domestic violence, shall contain allegations relating to those orders and
58 shall pray for the orders desired.
59 5. In making an award of custody , the court shall consider all relevant factors
60 including the presumption that the best interests of the child will be served by placing the
61 child in the custody and care of the nonabusive parent, unless there is evidence that both
62 parents have engaged in abusive behavior , in which case the court shall not consider this
63 presumption but may appoint a guardian ad litem or a court-appointed special advocate to
64 represent the children in accordance with chapter 452 and shall consider all other factors in
65 accordance with chapter 452.
66 6. The court shall grant to the noncustodial parent rights to visitation with any minor
67 child born to or adopted by the parties, unless the court finds, after hearing, that visitation
68 would endanger the child's physical health, impair the child's emotional development or
69 would otherwise conflict with the best interests of the child, or that no visitation can be
70 arranged which would suf ficiently protect the custodial parent from further domestic
71 violence. The court may appoint a guardian ad litem or court-appointed special advocate to
72 represent the minor child in accordance with chapter 452 whenever the custodial parent
73 alleges that visitation with the noncustodial parent will damage the minor child.
74 7. The court shall make an order requiring the noncustodial party to pay an amount
75 reasonable and necessary for the support of any child to whom the party owes a duty of
76 support when no prior order of support is outstanding and after all relevant factors have been
77 considered, in accordance with Missouri supreme court rule 88.01 and chapter 452.
78 8. The court may grant a maintenance order to a party for a period of time, not to
79 exceed one hundred eighty days. Any maintenance ordered by the court shall be in
80 accordance with chapter 452.
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81 9. (1) The court may , in order to ensure that a petitioner can maintain an existing
82 wireless telephone number or numbers, issue an order , after notice and an opportunity to be
83 heard, directing a wireless service provider to transfer the billing responsibility for and rights
84 to the wireless telephone number or numbers to the petitioner , if the petitioner is not the
85 wireless service accountholder .
86 (2) (a) The order transferring billing responsibility for and rights to the wireless
87 telephone number or numbers to the petitioner shall list the name and billing telephone
88 number of the accountholder , the name and contact information of the person to whom the
89 telephone number or numbers will be transferred, and each telephone number to be
90 transferred to that person. The court shall ensure that the contact information of the petitioner
91 is not provided to the accountholder in proceedings held under this chapter .
92 (b) Upon issuance, a copy of the full order of protection shall be transmitted, either
93 electronically or by certified mail, to the wireless service provider's registered agent listed
94 with the secretary of state, or electronically to the email address provided by the wireless
95 service provider . Such transmittal shall constitute adequate notice for the wireless service
96 provider acting under this section and section 455.523.
97 (c) If the wireless service provider cannot operationally or technically effectuat e the
98 order due to certain circumstances, the wireless service provider shall notify the petitioner
99 within three business days. Such circumstances shall include, but not be limited to, the
100 following:
101 a. The accountholder has already terminated the account;
102 b. The dif ferences in network technology prevent the functionality of a device on the
103 network; or
104 c. There are geographic or other limitations on network or service availability .
105 (3) (a) Upon transfer of billing responsibility for and rights to a wireless telephone
106 number or numbers to the petitioner under this subsection by a wireless service provider , the
107 petitioner shall assume all financial responsibility for the transferred wireless telephone
108 number or numbers, monthly service costs, and costs for any mobile device associated with
109 the wireless telephone number or numbers.
110 (b) This section shall not preclude a wireless service provider from applying any
111 routine and customary requirements for account establishment to the petitioner as part of this
112 transfer of billing responsibility for a wireless telephone number or numbers and any devices
113 attached to that number or numbers including, but not limited to, identification, financial
114 information, and customer preferences.
115 (4) This section shall not af fect the ability of the court to apportion the assets and
116 debts of the parties as provided for in law , or the ability to determine the temporary use,
117 possession, and control of personal property .
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118 (5) No cause of action shall lie against any wireless service provider , its of ficers,
119 employees, or agents, for actions taken in accordance with the terms of a court order issued
120 under this section.
121 (6) As used in this section and section 455.523, a "wireless service provider" means a
122 provider of commercial mobile service under Section 332(d) of the Federal
1 2 3 [ T elecommunications Act of 1996 ] Communications Act of 1934 (47 U.S.C. Section
124 [ 151, et seq. ] 332 ).
544.667 . In addition to the forfeiture of any security that was given or pledged
2 for a person's release, any person who, having been r eleased upon a reco gnizance or
3 bond pursuant to any other pr ovisions of law while pending pre liminary hearing, trial,
4 sentencing, appeal, pro bation or par ole revoca tion, or any other stage of a criminal
5 matter against him or her , knowingly violates any condition of rel ease that imposes no
6 contact with specific individuals shall be guilty of a class A misdemeanor .
565.002. As used in this chapter , unless a dif ferent meaning is otherwise plainly
2 required the following terms mean:
3 (1) "Adequate cause", cause that would reasonably produce a degree of passion in a
4 person of ordinary temperament suf ficient to substantially impair an ordinary person's
5 capacity for self-control;
6 (2) "Bodily harm", physical pain or injury , illness, or any impairment of
7 physical condition;
8 (3) "Child", a person under seventeen years of age;
9 [ (3) ] (4) "Conduct", includes any act or omission;
10 [ (4) ] (5) "Course of conduct", a pattern of conduct composed of two or more acts,
11 which may include communication by any means, over a period of time, however short,
12 evidencing a continuity of purpose. Constitutionally protected activity is not included within
13 the meaning of course of conduct. Such constitutionally protected activity includes picketing
14 or other or ganized protests;
15 [ (5) ] (6) "Deliberation", cool reflection for any length of time no matter how brief;
16 [ (6) ] (7) "Domestic victim", a household or family member as the term "family" or
17 "household member" is defined in section 455.010, including any child who is a member of
18 the household or family;
19 [ (7) ] (8) "Emotional distress", something markedly greater than the level of
20 uneasiness, nervousness, unhappiness, or the like which are commonly experienced in day-to-
21 day living;
22 [ (8) ] (9) "Full or partial nudity", the showing of all or any part of the human genitals,
23 pubic area, buttock, or any part of the nipple of the breast of any female person, with less than
24 a fully opaque covering;
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25 [ (9) ] (10) "Gr eat bodily harm", bodily injury that creat es a high prob ability of
26 death, or that causes serious permanent or pr otracted loss or impairment of function of
27 any bodily member or organ, or other serious bodily harm;
28 (1 1) "Legal custody", the right to the care, custody and control of a child;
29 [ (10) ] (12) "Parent", either a biological parent or a parent by adoption;
30 [ (1 1) ] (13) "Person having a right of custody", a parent or legal guardian of the child;
31 [ (12) ] (14) "Photographs" or "films", the making of any photograph, motion picture
32 film, videotape, or any other recording or transmission of the image of a person;
33 [ (13) ] (15) "Place where a person would have a reasonable expectation of privacy",
34 any place where a reasonable person would believe that a person could disrobe in privacy ,
35 without being concerned that the person's undressing was being viewed, photographed or
36 filmed by another;
37 [ (14) ] (16) "Special victim", any of the following:
38 (a) A law enforcement of ficer assaulted in the performance of his or her of ficial
39 duties or as a direct result of such official duties;
40 (b) Emer gency personnel, any paid or volunteer firefighter , emer gency room,
41 hospital, or trauma center personnel, or emer gency medical technician, assaulted in the
42 performance of his or her of ficial duties or as a direct result of such of ficial duties;
43 (c) A probation and parole of ficer assaulted in the performance of his or her of ficial
44 duties or as a direct result of such official duties;
45 (d) An elderly person;
46 (e) A person with a disability;
47 (f) A vulnerable person;
48 (g) Any jailer or corrections of ficer of the state or one of its political subdivisions
49 assaulted in the performance of his or her of ficial duties or as a direct result of such of ficial
50 duties;
51 (h) A highway worker in a construction or work zone as the terms "highway worker",
52 "construction zone", and "work zone" are defined under section 304.580;
53 (i) Any utility worker , meaning any employee of a utility that provides gas, heat,
54 electricity , water , steam, telecommunications services, or sewer services, whether privately ,
55 municipally , or cooperatively owned, while in the performance of his or her job duties,
56 including any person employed under a contract;
57 (j) Any cable worker , meaning any employee of a cable operator , as such term is
58 defined in section 67.2677, including any person employed under contract, while in the
59 performance of his or her job duties; and
60 (k) Any employee of a mass transit system, including any employee of public bus or
61 light rail companies, while in the performance of his or her job duties;
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62 [ (15) ] (17) "Substantial bodily harm", bodily injury that involves a temporary
63 but substantial disfigur ement, or that causes temporary but substantial loss or
64 impairment of the function of any bodily member or organ, or that causes a fractur e of
65 any bodily member;
66 (18) "Sudden passion", passion directly caused by and arising out of provocation by
67 the victim or another acting with the victim which passion arises at the time of the of fense and
68 is not solely the result of former provocation;
69 [ (16) ] (19) "T echnological abuse conduct", an act or pattern of behavior that is
70 intended to harm, thr eaten, intimidate, control , stalk, harass, or monitor , except as
71 otherwise permitted by law , another person, that occurs using any form of technology ,
72 including internet-enabled devices, online platforms, computers, mobile devices,
73 cameras and imaging pr ograms, apps, location tracking devices, or any other
74 emerging technologies;
75 (20) "T rier", the judge or jurors to whom issues of fact, guilt or innocence, or the
76 assessment and declaration of punishment are submitted for decision;
77 [ (17) ] (21) "V iews", the looking upon of another person, with the unaided eye or with
78 any device designed or intended to improve visual acuity , for the purpose of arousing or
79 gratifying the sexual desire of any person.
565.050. 1. A person commits the of fense of assault in the first degree if he or she
2 attempts to kill or knowingly causes or attempts to cause [ serious physical injury ] grea t
3 bodily harm to another person.
4 2. The of fense of assault in the first degree is a class B felony unless in the course
5 thereof the person inflicts [ serious physical injury ] great bodily harm on the victim, or if the
6 victim of such assault is a special victim, as the term "special victim" is defined under section
7 565.002, in which case it is a class A felony .
565.052. 1. A person commits the of fense of assault in the second degree if he or she:
2 (1) Attempts to kill or knowingly causes or attempts to cause [ serious physical injury ]
3 gr eat bodily harm to another person under the influence of sudden passion arising out of
4 adequate cause; or
5 (2) Attempts to cause or knowingly causes [ physical injury ] bodily harm to another
6 person by means of a deadly weapon or dangerous instrument; or
7 (3) Recklessly causes [ serious physical injury ] great bodily harm to another person;
8 or
9 (4) Recklessly causes [ physical injury ] bodily harm to another person by means of
10 dischar ge of a firearm.
11 2. The defendant shall have the burden of injecting the issue of influence of sudden
12 passion arising from adequate cause under subdivision (1) of subsection 1 of this section.
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13 3. The of fense of assault in the second degree is a class D felony , unless the victim of
14 such assault is a special victim, as the term "special victim" is defined under section 565.002,
15 in which case it is a class B felony .
565.054. 1. A person commits the of fense of assault in the third degree if he or she
2 knowingly causes [ physical injury ] bodily harm to another person.
3 2. The of fense of assault in the third degree is a class E felony , unless the victim of
4 such assault is a special victim, as the term "special victim" is defined under section 565.002,
5 in which case it is a class D felony .
565.056. 1. A person commits the of fense of assault in the fourth degree if:
2 (1) The person attempts to cause or recklessly causes [ physical injury , physical pain,
3 or illness ] bodily harm to another person;
4 (2) W ith criminal negligence the person causes [ physical injury ] bodily harm to
5 another person by means of a firearm;
6 (3) The person purposely places another person in apprehension of immediate
7 [ physical injury ] bodily harm ;
8 (4) The person recklessly engages in conduct which creates a substantial risk of death
9 or [ serious physical injury ] gr eat bodily harm to another person;
10 (5) The person knowingly causes or attempts to cause physical contact with a person
11 with a disability , which a reasonable person, who does not have a disability , would consider
12 of fensive or provocative; or
13 (6) The person knowingly causes physical contact with another person knowing the
14 other person will regard the contact as of fensive or provocative.
15 2. Except as provided in subsection 3 of this section, assault in the fourth degree is a
16 class A misdemeanor .
17 3. V iolation of the provisions of subdivision (3) or (6) of subsection 1 of this section
18 is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is
19 defined under section 565.002, in which case a violation of such provisions is a class A
20 misdemeanor .
565.072. 1. A person commits the of fense of domestic assault in the first degree if he
2 or she attempts to kill or knowingly causes or attempts to cause [ serious physical injury ]
3 gr eat bodily harm to a domestic victim, as the term "domestic victim" is defined under
4 section 565.002.
5 2. The offense of domestic assault in the first degree is a class B felony unless in the
6 course thereof the person inflicts serious physical injury on the victim, in which case it is a
7 class A felony .
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565.073. 1. A person commits the of fense of domestic assault in the second degree if
2 the act involves a domestic victim, as the term "domestic victim" is defined under section
3 565.002, and he or she:
4 (1) Knowingly causes [ physical injury ] bodily harm to such domestic victim by any
5 means, including but not limited to, use of a deadly weapon or dangerous instrument, or by
6 choking or strangulation; or
7 (2) Recklessly causes [ serious physical injury ] grea t bodily harm to such domestic
8 victim; or
9 (3) Recklessly causes [ physical injury ] bodily harm to such domestic victim by
10 means of any deadly weapon.
11 2. The of fense of domestic assault in the second degree is a class D felony .
565.074. 1. A person commits the offense of domestic assault in the third degree if he
2 or she attempts to cause [ physical injury ] substantial bodily harm or knowingly causes
3 [ physical pain or illness ] bodily harm to a domestic victim, as the term "domestic victim" is
4 defined under section 565.002.
5 2. The of fense of domestic assault in the third degree is a class E felony .
565.076. 1. A person commits the offense of domestic assault in the fourth degree if
2 the act involves a domestic victim, as the term "domestic victim" is defined under section
3 565.002, and:
4 (1) The person attempts to cause or recklessly causes [ physical injury , physical pain,
5 or illness ] bodily harm to such domestic victim;
6 (2) W ith criminal negligence the person causes [ physical injury ] bodily harm to such
7 domestic victim by means of a deadly weapon or dangerous instrument;
8 (3) The person purposely places such domestic victim in apprehension of immediate
9 [ physical injury ] bodily harm by any means;
10 (4) The person recklessly engages in conduct which creates a substantial risk of death
11 or [ serious physical injury ] gr eat bodily harm to such domestic victim;
12 (5) The person knowingly causes physical contact with such domestic victim
13 knowing he or she will regard the contact as of fensive; or
14 (6) The person knowingly attempts to cause or causes the isolation of such domestic
15 victim by unreasonably and substantially restricting or limiting his or her access to other
16 persons, telecommunication devices or transportation for the purpose of isolation.
17 2. The of fense of domestic assault in the fourth degree is a class A misdemeanor ,
18 unless the person has previously been found guilty of the of fense of domestic assault, of any
19 assault offense under this chapter , or of any of fense against a domestic victim committed in
20 violation of any county or municipal ordinance in any state, any state law , any federal law , or
21 any military law which if committed in this state two or more times would be a violation of
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22 this section, in which case it is a class E felony . The of fenses described in this subsection
23 may be against the same domestic victim or against dif ferent domestic victims.
565.090. 1. A person commits the of fense of harassment in the first degree if he or
2 she, without good cause, engages in any act with the purpose to cause emotional distress to
3 another person, and such act does cause such person to suff er emotional distress.
4 2. The of fense of harassment in the first degree is a class E felony , unless the
5 defendant has previ ously been found guilty of a violation of this section or section
6 565.091, or of any offense committed in another jurisdiction that, if committed in this
7 state, would be chargeable or indictable as a violation of any offense listed in this section
8 or section 565.091, in which case harassment in the first degr ee is a class D felony .
9 3. This section shall not apply to activities of federal, state, county , or municipal law
10 enforcement of ficers conducting investigations of violation of federal, state, county , or
11 municipal law .
565.091. 1. A person commits the of fense of harassment in the second degree if he or
2 she, without good cause, engages in any act with the purpose to cause emotional distress to
3 another person.
4 2. The offense of harassment in the second degree is a class A misdemeanor , unless
5 the [ person has previously pleaded guilty to or been found guilty of a violation of this section,
6 of any of fense committed in violation of any county or municipal ordinance in any state, any
7 state law , any federal law , or any military law which if committed in this state would be
8 char geable or indictable as a violation of any of fense listed in this subsection, in which case it
9 is a class E felony ] defendant has pr eviously been found guilty of a violation of this
10 section or section 565.090, or of any offense committed in another jurisdiction that, if
11 committed in this state, would be chargeable or indictable as a violation of any offense
12 listed in this section or section 565.090, in which case harassment in the second degr ee is
13 a class E felony .
14 3. This section shall not apply to activities of federal, state, county , or municipal law
15 enforcement of ficers conducting investigations of violations of federal, state, county , or
16 municipal law .
565.225. 1. [As used in this section and section 565.227, the term "disturbs" shall
2 mean to engage in a course of conduct directed at a specific person that serves no legitimate
3 purpose and that would cause a reasonable person under the circumstances to be frightened,
4 intimidated, or emotionally distressed.
5 2. ] A person commits the of fense of stalking in the first degree if he or she
6 [ purposely ] knowingly , through [ his or her ] a course of conduct[ , disturbs or follows with the
7 intent of disturbing ] that is directed at another person [ and ] or thr ough technological abuse
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8 conduct, engages in conduct that would cause a reas onable person under similar
9 cir cumstances to :
10 (1) [ Makes a threat communicated with the intent to cause the person who is the
11 tar get of the threat to reasonably ] Fear [ for his or her safety , the safety of his or her family or
12 household member , or the safety of domestic animals or livestock as defined in section
13 276.606 kept at such person's residence or on such person's property . The threat shall be
14 against the life of, or a threat to cause physical ] that death or bodily injury to[ , or the
15 kidnapping of ] the person[ , ] will result;
16 (2) Fear that an offense will be committed against a member of the person's
17 family or household members, or [ the person's domestic animals or livestock as defined in
18 section 276.606 kept at such person's residence or on such person's property ] an individual
19 with whom the person has a dating re lationship ; [or
20 (2) At least one of the acts constituting the course of conduct is in violation of an
21 order of protection and the person has received actual notice of such order; or]
22 (3) [ At least one of the actions constituting the course of conduct is in violation of a
23 condition of probation, parole, pretrial release, or release on bond pending appeal ] Fear that
24 an offense will be committed against the person's pr operty ; or
25 (4) [At any time during the course of conduct, the other person is seventeen years of
26 age or younger and the person disturbing the other person is twenty-one years of age or older;
27 or
28 (5) He or she has previously been found guilty of domestic assault, violation of an
29 order of protection, or any other crime where the other person was the victim; or
30 (6) At any time during the course of conduct, the other person is a participant of the
31 address confidentiality program under sections 589.660 to 589.681, and the person disturbing
32 the other person knowingly accesses or attempts to access the address of the other person]
33 Feel harassed, terrified, or intimidated .
34 [ 3. ] 2. Any law enforcement of ficer may arrest, without a warrant, any person he or
35 she has probable cause to believe has violated the provisions of this section.
36 [ 4. ] 3. This section shall not apply to activities of federal, state, county , or municipal
37 law enforcement of ficers conducting investigations of any violation of federal, state, county ,
38 or municipal law .
39 [ 5. ] 4. The of fense of stalking in the first degree is a class E felony , unless the
40 defendant has previously been found guilty of a violation of this section or section 565.227, or
41 any of fense committed in another jurisdiction which, if committed in this state, would be
42 char geable or indictable as a violation of any of fense listed in this section or section 565.227,
43 or unless the victim is intentionally tar geted as a law enforcement of ficer , as defined in
44 section 556.061, or the victim is tar geted because he or she is a relative within the second
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45 degree of consanguinity or affinit y to a law enforcement of ficer , in which case stalking in the
46 first degree is a class D felony .
565.227. 1. A person commits the of fense of stalking in the second degree if he or
2 she [ purposely , through his or her course of ] knowingly engages in a course of conduct[ ,
3 disturbs, or follows with the intent to disturb another person ] dir ected at a specific person or
4 technological abuse conduct that would cause a r easonable person under the
5 cir cumstances to feel harassed, terrified, or intimidated .
6 2. This section shall not apply to activities of federal, state, county , or municipal law
7 enforcement of ficers conducting investigations of any violation of federal, state, county , or
8 municipal law .
9 3. Any law enforcement of ficer may arrest, without a warrant, any person he or she
10 has probable cause to believe has violated the provisions of this section.
11 4. The of fense of stalking in the second degree is a class A misdemeanor , unless the
12 defendant has previously been found guilty of a violation of this section or section 565.225, or
13 of any of fense committed in another jurisdiction which, if committed in this state, would be
14 char geable or indictable as a violation of any of fense listed in this section or section 565.225,
15 or unless the victim is intentionally tar geted as a law enforcement of ficer , as defined in
16 section 556.061, or the victim is tar geted because he or she is a relative within the second
17 degree of consanguinity or affinit y to a law enforcement of ficer , in which case stalking in the
18 second degree is a class E felony .
565.260 . 1. Except as pr ovided in subsection 2 of this section, a person commits
2 the offense of unlawful tracking of a motor vehicle if the person knowingly installs,
3 conceals, or otherwise places an electr onic tracking device in or on a motor vehicle
4 without the consent of all owners of the vehicle for the purpose of monitoring or
5 following an occupant or occupants of the vehicle. As used in this section, "person" does
6 not include the manufactur er of the motor vehicle.
7 2. (1) It shall not be an offense under this section if the installing, concealing, or
8 placing of an electr onic tracking device in or on a motor vehicle is by , or at the dir ection
9 of, a law enforcem ent officer in furtherance of a criminal investigation and such
10 investigation is carried out in accordance with applicable state and federal law .
11 (2) If the installing, concealing, or placing of an electr onic tracking device in or
12 on a motor vehicle is by , or at the dir ection of, a par ent or legal guardian who owns or
13 leases the vehicle, and if the device is used solely for the purpose of monitoring the
14 minor child of the paren t or legal guardian when the child is an occupant of the vehicle,
15 the installation, concealment, or placement of the device in or on the vehicle without the
16 consent of any or all occupants of the vehicle shall not be an offense under this section.
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17 (3) It shall not be an offense under this section if the installing, concealing, or
18 placing of an electr onic tracking device in or on a motor vehicle is for the purpose of
19 tracking the location of stolen goods being transported in the vehicle or for the purpose
20 of tracking the location of the vehicle if the motor vehicle is stolen.
21 (4) It shall not be an offense under this section if the installing, concealing, or
22 placing of an electr onic tracking device in or on a motor vehicle is by a legally
23 authorized r epr esentative of a vulnerable adult. As used in this subdivision,
24 "vulnerable adult" means any person eighteen years of age or older who is impair ed
25 by reas on of mental illness, intellectual or developmental disability , physical illness or
26 disability , or other causes, including age, to the extent the adult lacks sufficient
27 understanding or capacity to make, communicate, or carry out reas onable decisions
28 concerning his or her well-being or has one or mor e limitations that substantially impair
29 the adult's ability to independently provi de for his or her daily needs or safeguard his or
30 her person, pr operty , or legal interes ts.
31 (5) If the installing, concealing, or placing of an electr onic tracking device in or
32 on a motor vehicle is by , or at the dir ection of, a person who obtains consent fr om all
33 owners of the vehicle, the installation, concealment, or placement of the device in or on
34 the vehicle shall not be an offense under this section.
35 (6) It shall not be an offense under this section if the installing, concealing, or
36 placing of an electr onic tracking device in or on a motor vehicle is by a vehicle r ental,
37 sharing, or leasing company that rent s motor vehicles for the purpose of tracking or
38 managing the motor vehicles owned by such company or pr oviding services to
39 customers.
40 (7) It shall not be an offense under this section if the installing, concealing, or
41 placing of an electr onic tracking device in or on a motor vehicle is by a lienholder or
42 agent of a lienholder acting to track the movement or location of a motor vehicle in
43 order to reposs ess the motor vehicle.
44 (8) It shall not be an offense under this section if the installing, concealing, or
45 placing of an electr onic tracking device in or on a motor vehicle is for any party to
46 participate in a voluntary usage-based insurance pro gram. "V oluntary usage-based
47 insurance pr ogram" shall mean any pro gram implemented by , or on behalf of, an
48 insurance company that collects, re cords, or transmits information r elating to driving
49 behavior of an insured party .
50 3. The prov isions of this section shall not apply to a tracking system installed by
51 the manufactur er of a motor vehicle.
52 4. The offense of unlawful tracking of a motor vehicle is a class A misdemeanor
53 for a first offense and a class E felony for any second or subsequent offense.
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565.400 . 1. A person commits the offense of cyberharassment if such person
2 purposely or knowingly engages in a thr eatening, aggress ive, or otherwise fear -inducing
3 course of conduct by using digital technology , internet service provi ders, electr onic
4 service pr oviders, or other electr onic communications and devices to cause reas onable
5 fear , alarm, anxiety , undue str ess, or terr or to others by repea ted contact with no
6 legitimate purpose.
7 2. The first offense of cyberharassment shall be a class B misdemeanor . A
8 second and any subsequent offense shall be a class A misdemeanor .
565.405 . 1. A person commits the offense of cyberstalking if such person
2 purposely or knowingly engages in a thr eatening, aggress ive, or otherwise fear -inducing
3 course of conduct by using digital technology , internet service provi ders, electr onic
4 service pro viders, or other electr onic communications and devices to enhance the ability
5 to intimidate, track, follow or cause r easonable fear , alarm, anxiety , undue str ess, or
6 terr or to another person.
7 2. The first offense of cyberstalking shall be a class A misdemeanor . A second
8 and any subsequent offense shall be a class E felony .
573.570 . 1. As used in this section, the following terms mean:
2 (1) "Depicted individual", an individual who, as a r esult of digitization or by
3 means of digital manipulation, appears in whole or in part in an intimate digital
4 depiction and who is identifiable by virtue of the individual's face, likeness, or other
5 distinguishing characteristic, such as a unique birthmark or other r ecognizable featur e,
6 or fr om information displayed in connection with the digital depiction;
7 (2) "Digital depiction", a reali stic visual depiction of an individual that has been
8 cr eated or alter ed using digital manipulation;
9 (3) "Information content pr oviders", any person or entity that is res ponsible, in
10 whole or in part, for the cr eation or development of information prov ided thr ough the
11 internet or any other interactive computer service;
12 (4) "Intimate digital depiction", a digital depiction of an individual that has been
13 cr eated or alter ed using digital manipulation and that depicts:
14 (a) The uncovered genitals, pubic ar ea, anus, or postpubescent female nipple of
15 an identifiable individual;
16 (b) The display or transfer of bodily sexual fluids:
17 a. Onto any part of the body of an identifiable individual; or
18 b. Fr om the body of an identifiable individual; or
19 (c) An identifiable individual engaging in sexually explicit conduct;
20 (5) "Sexually explicit conduct", actual or simulated:
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21 (a) Sexual interc ourse, including genital-genital, oral-genital, anal-genital, or
22 oral-anal, whether between persons of the same or opposite sex;
23 (b) Bestiality;
24 (c) Masturbation;
25 (d) Sadistic or masochistic abuse; or
26 (e) Lascivious exhibition of the genitals or pubic ar ea of any person.
27 2. A person commits the offense of disclosur e of an intimate digital depiction if
28 the person:
29 (1) Discloses an intimate digital depiction:
30 (a) With the intent to harass, annoy , thr eaten, alarm, or cause substantial harm
31 to the finances or r eputation of the depicted individual; or
32 (b) W ith the actual knowledge that, or r eckless disr egard for whether , such
33 disclosur e will cause physical, emotional, r eputational, or economic harm to the
34 depicted individual; or
35 (2) Threat ens to disclose an intimate digital depiction:
36 (a) With the intent to harass, annoy , thr eaten, alarm, or cause substantial harm
37 to the finances or r eputation of the depicted individual; or
38 (b) W ith the actual knowledge that, or r eckless disr egard for whether , such
39 thr eatened disclosur e will cause physical, emotional, rep utational, or economic harm to
40 the depicted individual.
41 3. (1) A violation of subdivision (1) of subsection 2 of this section shall be a class
42 D felony .
43 (2) A violation of subdivision (2) of subsection 2 of this section shall be a class E
44 felony .
45 (3) A violation of subsection 2 of this section shall be a class C felony if:
46 (a) The violation is a second or other subsequent violation of subsection 2 of this
47 section; or
48 (b) The violation is such that the digital depiction could be reas onably expected
49 to:
50 a. Affect the conduct of any administrative, legislative, or judicial pr oceeding of
51 a federal, state, local, or tribal government agency , including the administration of an
52 election or the conduct of for eign relat ions; or
53 b. Facilitate violence.
54 4. It shall not be a defense to an offense of disclosure of an intimate digital
55 depiction under this section that ther e is a disclaimer stating that the intimate digital
56 depiction of the depicted individual was unauthorized or that the depicted individual
57 did not participate in the cr eation or development of the digital depiction.
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58 5. For the purposes of this section, a pr ovider of an interactive computer service
59 shall not be held to have committed the offense of disclosur e of an intimate digital
60 depiction due to:
61 (1) Any action voluntarily taken in good faith to r estrict access to or availability
62 of intimate digital depictions; or
63 (2) Any action taken to enable or make available to information content
64 pr oviders or other persons the technical means to re strict access to intimate digital
65 depictions.
573.575 . 1. A person commits the offense of sadistic online exploitation if he or
2 she:
3 (1) Uses the internet to manipulate, intimidate, hurt, scar e, control , or thr eaten a
4 victim to undergo suffering thr ough for cing the victim's submission, use of violence, self-
5 harm, or destruction for sadistic or sinister purposes;
6 (2) Coerces a victim into performing self-harm, animal harm, harming another
7 person, sharing personal information, or suicidal actions or ideations;
8 (3) Uses nonphysical forms of coerci on, manipulation, shame, or fear to extort
9 another person into pr oviding sexually explicit content then using such content to
10 further extort, thr eaten, or contr ol the victim; or
11 (4) Uses intimate depictions as devices to thr eaten or coerce a victim by
12 demanding any kind of financial gain.
13 2. The offense of sadistic online exploitation shall be a class E felony .
✔
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