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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1093
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
4590S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 568.045, RSMo, and to enact in lieu thereof one new section relating to the
offense of endangering the welfare of a child, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 568.045, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 568.045, 2
to read as follows:3
568.045. 1. A person commits the offense of 1
endangering the welfare of a child in the first degree if he 2
or she: 3
(1) Knowingly acts in a manner that creates a 4
substantial risk to the life, body, or health of a child 5
less than seventeen years of age; 6
(2) Knowingly engages in sexual conduct with a person 7
under the age of eighteen years over whom the person is a 8
parent, guardian, or otherwise charged with the care and 9
custody; 10
(3) Knowingly encourages, aids, or causes a child less 11
than seventeen years of age to engage in any conduct which 12
violates the provisions of chapter 571 or 579; [or] 13
(4) In the presence of a child less than seventeen 14
years of age or in a residence where a child less than 15
seventeen years of age resides, unlawfully manufactures or 16
attempts to manufacture compounds, possesses, produces, 17
SB 1093 2
prepares, sells, transports, tests or analyzes any of the 18
following: fentanyl, carfentanil, amphetamine, or 19
methamphetamine, or any analogue thereof; or 20
(5) Knowingly fails to secure a readily available 21
firearm, as defined in section 571.010, in the presence of a 22
child under seventeen years of age or in a residence where a 23
child under seventeen years of age resides. For the 24
purposes of this subdivision, the term "secure" means 25
storing a firearm in a locked safe, cabinet, gun vault, or 26
storage case or using a firearm locking device. It shall 27
not be an affirmative defense to a charge under this 28
subdivision if the offense results in the death of a child 29
and the death is determined to be the result of a suicide. 30
2. The offense of endangering the welfare of a child 31
in the first degree is a class D felony unless the offense: 32
(1) Is committed as part of an act or series of acts 33
performed by two or more persons as part of an established 34
or prescribed pattern of activity, or where physical injury 35
to the child results, or the offense is a second or 36
subsequent offense under this section, in which case the 37
offense is a class C felony; 38
(2) Involves fentanyl or carfentanil, or any analogue 39
thereof, in which case: 40
(a) The offense is a class B felony; and 41
(b) A person sentenced under this subdivision shall 42
not be eligible for conditional release or parole until he 43
or she has served at least five years of imprisonment; 44
(3) Results in serious physical injury to the child, 45
in which case the offense is a class B felony; or 46
(4) Results in the death of a child, in which case the 47
offense is a class A felony. 48
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