Modifies provisions relating to cybercrimes, harassment, and stalking

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. 1747
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
7194S.03I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 285.625, 285.630, 285.635, 285.650, 285.670, 407.1095, 407.1098, 407.1101,
407.1104, 455.030, 455.050, 455.523, 565.076, 565.090, 565.091, 565.227, 571.070,
589.660, 589.663, and 590.040, RSMo, and to enact in lieu thereof thirty new sections
relating to the protection of vulnerable persons from cybercrimes, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 285.625, 285.630, 285.635, 285.650, 1
285.670, 407.1095, 407.1098, 407.1101, 407.1104, 455.030, 2
455.050, 455.523, 565.076, 565.090, 565.091, 565.227, 571.070, 3
589.660, 589.663, and 590.040, RSMo, are repealed and thirty 4
new sections enacted in lieu thereof, to be known as sections 5
27.117, 285.625, 285.630, 285.635, 285.650, 285.670, 407.1095, 6
407.1098, 407.1101, 407.1104, 407.1115, 455.030, 455.050, 7
455.523, 565.076, 565.090, 565.091, 565.227, 565.260, 565.400, 8
565.405, 571.070, 573.570, 573.575, 589.660, 589.663, 590.040, 9
595.205, 595.400, and 595.450, to read as follows:10
27.117. The attorney general shall have concurrent 1
jurisdiction with any and all prosecuting attorneys to 2
prosecute persons in violation of sections 565.090, 565.091, 3
565.225, 565.227, 565.400, 565.405, 573.570, or 573.575, 4
where the offense occurred in more than one jurisdiction of 5
the state. 6
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285.625. As used in sections 285.625 to 285.670, the 1
following terms mean: 2
(1) "Abuse", the same meaning as in section 210.110; 3
(2) "Cyberharassment", a purposeful or knowing course 4
of conduct using digital technology, internet service 5
providers, electronic service providers, or other electronic 6
communications and devices to cause reasonable fear, alarm, 7
anxiety, undo stress, or terror to others by repeated 8
contact with no legitimate purpose. This course of conduct 9
is threatening, aggressive, or otherwise fear-inducing and 10
involves an invasion of a person's relative right to privacy 11
and manifests in repeated actions over time; 12
(3) "Cyberstalking", a purposeful or knowing course of 13
conduct using digital technology, internet service 14
providers, electronic service providers, or other electronic 15
communications and devices to enhance the ability to 16
intimidate, track, follow, or cause reasonable fear, alarm, 17
anxiety, undo stress, or terror to another person. This 18
course of conduct is threatening, aggressive, or otherwise 19
fear-inducing and involves an invasion of a person's 20
relative right to privacy and manifests in repeated actions 21
over time; 22
(4) "Director", the director of the department of 23
labor and industrial relations; 24
[(3)] (5) "Domestic violence", the same meaning as in 25
section 455.010; 26
[(4)] (6) "Employ", the act of employing or state of 27
being employed, engaged, or hired to perform work or 28
services of any kind or character within the state of 29
Missouri; 30
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[(5)] (7) "Employee", any person performing work or 31
service of any kind or character for hire within the state 32
of Missouri; 33
[(6)] (8) "Employer", the state or any agency of the 34
state, political subdivision of the state, or any person 35
that employs at least twenty employees; 36
[(7)] (9) "Employee benefit plan" or "plan", an 37
employee welfare benefit plan or an employee pension benefit 38
plan or a plan that is both an employee welfare benefit plan 39
and an employee pension benefit plan; 40
[(8)] (10) "Employment benefits", all benefits 41
provided or made available to employees by an employer, 42
including life insurance, health insurance, disability 43
insurance, sick leave, annual leave, educational benefits, 44
pensions, and profit-sharing, regardless of whether such 45
benefits are provided by a practice or written policy of an 46
employer or through an employee benefit plan; 47
[(9)] (11) "Family or household member", for employees 48
with a family or household member who is a victim of 49
domestic or sexual violence, a spouse, parent, son, 50
daughter, other person related by blood or by present or 51
prior marriage, other person who shares a relationship 52
through a son or daughter, and persons jointly residing in 53
the same household; 54
(12) "Harassment", engaging in a purposeful or knowing 55
course of conduct involving more than one incident that 56
alarms or causes distress to an adult or child and serves no 57
legitimate purpose. The course of conduct shall be such as 58
would cause a reasonable adult or child to suffer 59
substantial emotional distress and shall actually cause 60
substantial emotional distress to the petitioner or child. 61
Such conduct shall include, but is not limited to: 62
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(a) Following another about in a public place or 63
places; 64
(b) Peering in the window or lingering outside the 65
residence of another, but does not include constitutionally 66
protected activity; 67
[(10)] (13) "Parent", the biological parent of an 68
employee or an individual who stood in loco parentis to an 69
employee when the employee was a son or daughter who is a 70
victim of domestic or sexual violence; 71
[(11)] (14) "Person", an individual, partnership, 72
association, corporation, business trust, legal 73
representative, or any organized group of persons; 74
[(12)] (15) "Public agency", the government of the 75
state or of any political subdivision thereof, any agency of 76
the state or of any political subdivision of the state, or 77
any other governmental agency; 78
[(13)] (16) "Public assistance", includes cash, food 79
stamps, medical assistance, housing assistance, and other 80
benefits provided on the basis of income by a public agency 81
or public employer; 82
[(14)] (17) "Qualified individual", in the case of: 83
(a) An applicant or employee of an employer, an 84
individual who, but for being a victim of domestic or sexual 85
violence or with a family or household member who is a 86
victim of domestic or sexual violence, cyberharassment, 87
cyberstalking, harassment, or stalking, can perform the 88
essential functions of the employment position that such 89
individual holds or desires; or 90
(b) An applicant for or recipient of public assistance 91
from a public agency, an individual who, but for being a 92
victim of domestic or sexual violence, cyberharassment, 93
cyberstalking, harassment, or stalking, or with a family or 94
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household member who is a victim of domestic or sexual 95
violence, cyberharassment, cyberstalking, harassment, or 96
stalking, can satisfy the essential requirements of the 97
program providing the public assistance that the individual 98
receives or desires; 99
[(15)] (18) "Reasonable safety accommodation", an 100
adjustment to a job structure, workplace facility, or work 101
requirement, including a transfer, reassignment, modified 102
schedule, leave, a changed telephone number or seating 103
assignment, installation of a lock, implementation of a 104
safety procedure, or assistance in documenting domestic 105
violence that occurs at the workplace or in work-related 106
settings, in response to actual or threatened domestic 107
violence. Any exigent circumstances or danger facing the 108
employee or his or her family or household member shall be 109
considered in determining whether the accommodation is 110
reasonable; 111
[(16)] (19) "Reduced work schedule", a work schedule 112
that reduces the usual number of hours per workweek, or 113
hours per workday, of an employee; 114
[(17)] (20) "Sexual violence", a sexual assault, as 115
defined in section 455.010, and trafficking for the purposes 116
of sexual exploitation as described in section 566.209; 117
[(18)] (21) "Son or daughter", a biological, adopted, 118
or foster child, a stepchild, a legal ward, or a child of a 119
person standing in loco parentis, who is under eighteen 120
years of age, or is eighteen years of age or older and 121
incapable of self-care because of a mental or physical 122
disability and is a victim of domestic or sexual violence; 123
(22) "Stalking", an unwanted course of conduct that 124
causes alarm to another person, or a person who resides 125
together in the same household with the person seeking the 126
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order of protection when it is reasonable in that person's 127
situation to have been alarmed by the conduct. As used in 128
this subdivision, "alarm" shall mean fear of danger of 129
physical harm and "course of conduct" shall mean two or more 130
acts that serve no legitimate purpose including, but not 131
limited to, acts in which the stalker directly, indirectly, 132
or through a third party follows, monitors, observes, 133
surveils, threatens, or communicates to a person by any 134
action, method, or device; 135
[(19)] (23) "Undue hardship", significant difficulty 136
or expense, when considered in light of the nature and cost 137
of the reasonable safety accommodation; 138
[(20)] (24) "Victim of domestic or sexual violence", 139
an individual who has been subjected to domestic violence, 140
sexual violence, or abuse; 141
[(21)] (25) "Victim services organization", a 142
nonprofit, nongovernmental organization that provides 143
assistance to victims of domestic violence or to advocates 144
for such victims, including a rape crisis center, a child 145
advocacy center, an organization carrying out a domestic 146
violence program, an organization operating a shelter or 147
providing counseling services, or a legal services 148
organization or other organization providing assistance 149
through the legal process; 150
[(22)] (26) "Work", any job, task, labor, services, or 151
any other activity for which compensation is provided, 152
expected, or due. 153
285.630. 1. An employee who is a victim of domestic 1
or sexual violence, cyberharassment, cyberstalking, 2
harassment, or stalking or a family or household member who 3
is a victim of domestic or sexual violence, cyberharassment, 4
cyberstalking, harassment, or stalking whose interests are 5
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not adverse to the employee as it relates to the domestic or 6
sexual violence, cyberharassment, cyberstalking, harassment, 7
or stalking may take unpaid leave from work to address such 8
violence by: 9
(1) Seeking medical attention for, or recovering from, 10
physical or psychological injuries caused by domestic or 11
sexual violence, cyberharassment, cyberstalking, harassment, 12
or stalking to the employee or the employee's family or 13
household member; 14
(2) Obtaining services from a victim services 15
organization for the employee or the employee's family or 16
household member; 17
(3) Obtaining psychological or other counseling for 18
the employee or the employee's family or household member; 19
(4) Participating in safety planning, temporarily or 20
permanently relocating, or taking other actions to increase 21
the safety of the employee or the employee's family or 22
household member from future domestic or sexual violence, 23
cyberharassment, cyberstalking, harassment, or stalking or 24
to ensure economic security; or 25
(5) Seeking legal assistance or remedies to ensure the 26
health and safety of the employee or the employee's family 27
or household member, including preparing for or 28
participating in any civil or criminal legal proceeding 29
related to or derived from domestic or sexual violence, 30
cyberharassment, cyberstalking, harassment, or stalking. 31
2. Subject to subsection 5 of this section, an 32
employee working for an employer that employs at least fifty 33
employees shall be entitled to a total of two workweeks of 34
leave under subsection 1 of this section during any twelve- 35
month period. An employee working for an employer that 36
employs at least twenty but not more than forty-nine 37
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employees shall be entitled to a total of one workweek of 38
leave under subsection 1 of this section during any twelve- 39
month period. For purposes of this subsection "workweek" 40
shall mean an individual employee's standard workweek. The 41
total number of workweeks to which an employee is entitled 42
shall not decrease during the relevant twelve-month period. 43
Sections 285.625 to 285.670 shall not create a right for an 44
employee to take unpaid leave that exceeds the amount of 45
unpaid leave time allowed under the federal Family and 46
Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.). 47
3. Leave described in subsection 2 of this section may 48
be taken intermittently or on a reduced work schedule. 49
4. The employee shall provide the employer with at 50
least forty-eight hours' advance notice of the employee's 51
intention to take leave under subsection 1 of this section, 52
unless providing such notice is not practicable. When an 53
unscheduled absence occurs, the employer may not take any 54
action against the employee if the employee, upon request of 55
the employer and within a reasonable period after the 56
absence, provides certification under subsection 5 of this 57
section. 58
5. The employer may require the employee to provide 59
certification to the employer that the employee or the 60
employee's family or household member is a victim of 61
domestic or sexual violence, cyberharassment, cyberstalking, 62
harassment, or stalking and that the leave is for one of the 63
purposes enumerated in subsection 1 of this section. The 64
employee shall provide such certification to the employer 65
within a reasonable period after the employer requests 66
certification. 67
6. An employee may satisfy the certification 68
requirement of subsection 5 of this section by providing to 69
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the employer a sworn statement of the employee and the 70
following: 71
(1) Documentation from an employee, agent, or 72
volunteer of a victim services organization, an attorney, a 73
member of the clergy, or a medical or other professional 74
from whom the employee or the employee's family or household 75
member has sought assistance in addressing domestic violence 76
or sexual violence, cyberharassment, cyberstalking, 77
harassment, or stalking and the effects of such violence; 78
(2) A police or court record; or 79
(3) Other corroborating evidence. 80
7. All information provided to the employer pursuant 81
to subsection 6 of this section including a statement of the 82
employee or any other documentation, record, or 83
corroborating evidence, and the fact that the employee has 84
requested or obtained leave pursuant to this section, shall 85
be retained in the strictest confidence by the employer, 86
except to the extent that disclosure is requested or 87
consented to in writing by the employee or otherwise 88
required by applicable federal or state law. 89
8. Any employee who takes leave under this section 90
shall be entitled, on return from such leave, to be restored 91
by the employer to the position of employment held by the 92
employee when the leave commenced or an equivalent position 93
with equivalent employment benefits, pay, and other terms 94
and conditions of employment. 95
9. The taking of leave under this section shall not 96
result in the loss of any employment benefit accrued prior 97
to the date on which the leave commenced. Nothing in this 98
section shall be construed to entitle any restored employee 99
to the accrual of any seniority or employment benefits 100
during any period of leave or any right, benefit, or 101
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position of employment other than any right, benefit, or 102
position to which the employee would have been entitled had 103
the employee not taken the leave. Nothing in this section 104
shall be construed to prohibit an employer from requiring an 105
employee on leave under this section to report periodically 106
to the employer on the status and intention of the employee 107
to return to work. 108
10. Any employee who reports, seeks help, or needs 109
extended privacy measures to ensure safety from domestic or 110
sexual violence, cyberharassment, cyberstalking, harassment, 111
or stalking shall not be subject to eviction, harassment, 112
dismissal, or retaliation by an employer. 113
11. Upon the request of an employer, an employee 114
requesting a reasonable safety accommodation pursuant to 115
sections 285.625 to 285.670 shall provide the employer a 116
written statement signed by the employee or an individual 117
acting on the employee's behalf, certifying that the 118
reasonable safety accommodation is for a purpose authorized 119
under sections 285.625 to 285.670. 120
285.635. 1. During any period that an employee takes 1
leave under section 285.630, the employer shall maintain 2
coverage for the employee and any family or household member 3
under any group health plan for the duration of such leave 4
at the level and under the conditions coverage would have 5
been provided if the employee had continued in employment 6
continuously for the duration of such leave. 7
2. The employer may recover from the employee the 8
premium that the employer paid for maintaining coverage for 9
the employee and the employee's family or household member 10
under such group health plan during any period of leave 11
under this section if the employee fails to return from 12
leave after the period of leave to which the employee is 13
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entitled has expired for a reason other than the 14
continuation, recurrence, or onset of domestic violence, 15
sexual violence, abuse, a sexual assault, cyberharassment, 16
cyberstalking, harassment, or stalking or human trafficking 17
that entitled the employee to leave under section 285.630, 18
or other circumstances beyond the control of the employee. 19
3. An employer may require an employee who claims that 20
the employee is unable to return to work because of a reason 21
described in subsection 2 of this section to provide, within 22
a reasonable period after making the claim, certification to 23
the employer that the employee is unable to return to work 24
because of that reason by providing the employer with: 25
(1) A sworn statement of the employee; 26
(2) Documentation from an employee, agent, or 27
volunteer of a victim services organization, an attorney, a 28
member of the clergy, or a medical or other professional 29
from whom the employee has sought assistance in addressing 30
domestic or sexual violence, cyberharassment, cyberstalking, 31
harassment, or stalking and the effects of such violence; 32
(3) A police or court record; or 33
(4) Other corroborating evidence. 34
4. All information provided to the employer pursuant 35
to subsection 3 of this section including a statement of the 36
employee or any other documentation, record, or 37
corroborating evidence, and the fact that the employee is 38
not returning to work because of a reason described in 39
subsection 2 of this section shall be retained in the 40
strictest confidence by the employer, except to the extent 41
that disclosure is requested or consented to in writing by 42
the employee, or otherwise required by applicable federal or 43
state law. 44
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285.650. 1. Employers and public agencies shall make 1
reasonable safety accommodations, in a timely manner, to the 2
known limitations resulting from circumstances relating to 3
being a victim of domestic or sexual violence, 4
cyberharassment, cyberstalking, harassment, or stalking or a 5
family or household member being a victim of domestic or 6
sexual violence, cyberharassment, cyberstalking, harassment, 7
or stalking of an otherwise qualified individual: 8
(1) Who is: 9
(a) An employee of the employer; or 10
(b) An applicant for or recipient of public assistance 11
from a public agency; and 12
(2) Who is: 13
(a) A victim of domestic or sexual violence, 14
cyberharassment, cyberstalking, harassment, or stalking; or 15
(b) With a family or household member who is a victim 16
of domestic or sexual violence, cyberharassment, 17
cyberstalking, harassment, or stalking whose interests are 18
not adverse to the individual in this subdivision as it 19
relates to the domestic violence, sexual violence, [or] 20
abuse, cyberharassment, cyberstalking, harassment, or 21
stalking; 22
2. Subsection 1 of this section shall not apply if the 23
employer or public agency can demonstrate that the 24
accommodation would impose an undue hardship on the 25
operation of the employer or public agency. 26
285.670. 1. Nothing in sections 285.625 to 285.670 1
shall be construed to supersede any provision of any 2
federal, state, or local law, collective bargaining 3
agreement, or employment benefits program or plan that 4
provides: 5
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(1) Greater leave benefits for victims of domestic or 6
sexual violence, cyberharassment, cyberstalking, harassment, 7
or stalking than the rights established under sections 8
285.625 to 285.670; or 9
(2) Leave benefits for a larger population of victims 10
of domestic or sexual violence, as defined in such law, 11
agreement, program, or plan, than the victims of domestic or 12
sexual violence, cyberharassment, cyberstalking, harassment, 13
or stalking covered under sections 285.625 to 285.670. 14
2. The rights and remedies established for applicants 15
and employees who are victims of domestic or sexual 16
violence, cyberharassment, cyberstalking, harassment, or 17
stalking and applicants and employees with a family or 18
household member who is a victim of domestic or sexual 19
violence, cyberharassment, cyberstalking, harassment, or 20
stalking under sections 285.625 to 285.670 shall not be 21
diminished by any federal, state, or local law, collective 22
bargaining agreement, or employment benefits program or plan. 23
407.1095. As used in sections 407.1095 to 407.1110, 1
the following words and phrases mean: 2
(1) "Business subscriber", a person or entity that, 3
for business use, has subscribed to telephone service, 4
wireless service, or other similar service; 5
(2) "Call spoofing", the practice by a calling party 6
or any caller identification service of knowingly 7
transmitting misleading or inaccurate caller identification 8
information with the intent to deceive, defraud, cause harm, 9
harass, mislead, or wrongfully obtain anything of value; 10
(3) "Caller identification service", a type of 11
telephone service which permits telephone subscribers to see 12
the telephone number of incoming telephone calls; 13
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[(2)] (4) "Residential subscriber", a person who, for 14
[primarily] personal and familial use, has subscribed to 15
residential telephone service, wireless service or similar 16
service, or the other persons living or residing with such 17
person; 18
[(3)] (5) "Seller", the same as defined in section 19
407.1070; 20
(6) "Telemarketer", the same as defined in section 21
407.1070; 22
(7) "Telephone solicitation", any voice, facsimile, 23
short messaging service (SMS), or multimedia messaging 24
service (MMS), for the purpose of encouraging the purchase 25
or rental of, or investment in, property, goods or services, 26
or soliciting donations of money, property, goods, or 27
services, but does not include communications: 28
(a) To any business subscriber or residential 29
subscriber with that subscriber's prior express invitation 30
or permission; 31
(b) By or on behalf of any person or entity with whom 32
a business subscriber or residential subscriber has had a 33
business contact within the past one hundred eighty days or 34
a current business or personal relationship; 35
(c) By or on behalf of an entity organized pursuant to 36
Chapter 501 (c)(3) of the United States Internal Revenue 37
Code, while such entity is engaged in [fund-raising] 38
fundraising to support the charitable purpose for which the 39
entity was established provided that a bona fide member of 40
such exempt organization makes the voice communication; 41
(d) By or on behalf of any entity over which a federal 42
agency has regulatory authority to the extent that: 43
a. Subject to such authority, the entity is required 44
to maintain a license, permit or certificate to sell or 45
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provide the merchandise being offered through telemarketing; 46
and 47
b. The entity is required by law or rule to develop 48
and maintain a no-call list[; 49
(e) By a natural person responding to a referral, or 50
working from his or her primary residence, or a person 51
licensed by the state of Missouri to carry out a trade, 52
occupation or profession who is setting or attempting to set 53
an appointment for actions relating to that licensed trade, 54
occupation or profession within the state or counties 55
contiguous to the state]. 56
407.1098. No person or entity shall make or cause to 1
be made any telephone solicitation, including via call 2
spoofing, to any business subscriber or residential 3
subscriber in this state who has given notice to the 4
attorney general, in accordance with rules promulgated 5
pursuant to section 407.1101 of such subscriber's objection 6
to receiving telephone solicitations. 7
407.1101. 1. The attorney general shall establish and 1
provide for the operation of a database to compile a list of 2
telephone numbers of business subscribers and residential 3
subscribers who object to receiving telephone 4
solicitations. [Such list is not intended to include any 5
telephone number primarily used for business or commercial 6
purposes.] 7
2. The attorney general shall promulgate rules and 8
regulations governing the establishment of a state no-call 9
database as he or she deems necessary and appropriate to 10
fully implement the provisions of sections 407.1095 to 11
407.1110. The rules and regulations shall include those 12
which: 13
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(1) Specify the methods by which each business 14
subscriber or residential subscriber may give notice to the 15
attorney general or its contractor of his or her objection 16
to receiving such solicitations or revocation of such 17
notice. There shall be no cost to the subscriber for 18
joining the database; 19
(2) Specify the length of time for which a notice of 20
objection shall be effective and the effect of a change of 21
telephone number on such notice; 22
(3) Specify the methods by which such objections and 23
revocations shall be collected and added to the database; 24
(4) Specify that once a person gives notice of 25
objection, the person shall not have to renew his or her 26
objection; 27
(5) Specify the methods by which any person or entity 28
desiring to make telephone solicitations will obtain access 29
to the database as required to avoid calling the telephone 30
numbers of business subscribers or residential subscribers 31
included in the database, including the cost assessed to 32
that person or entity for access to the database; and 33
[(5)] (6) Specify such other matters relating to the 34
database that the attorney general deems desirable. 35
3. If the Federal Communications Commission 36
establishes a single national database of telephone numbers 37
of subscribers who object to receiving telephone 38
solicitations pursuant to 47 U.S.C. Section 227(c)(3), the 39
attorney general shall include that part of such single 40
national database that relates to Missouri in the database 41
established pursuant to this section. 42
4. Information contained in the database established 43
pursuant to this section shall be used only for the purpose 44
of compliance with section 407.1098 and this section or in a 45
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proceeding or action pursuant to section 407.1107. Such 46
information shall not be considered a public record pursuant 47
to chapter 610. 48
5. In April, July, October and January of each year, 49
the attorney general shall be encouraged to obtain 50
subscription listings of business subscribers and 51
residential subscribers in this state who have arranged to 52
be included on any national do-not-call list and add those 53
telephone numbers to the state do-not-call list. 54
6. The attorney general may utilize moneys 55
appropriated from general revenue and moneys appropriated 56
from the merchandising practices revolving fund established 57
in section 407.140 for the purposes of establishing and 58
operating the state no-call database. 59
7. Any rule or portion of a rule, as that term is 60
defined in section 536.010, that is created under the 61
authority delegated in sections 407.1095 to 407.1110 shall 62
become effective only if it complies with and is subject to 63
all of the provisions of chapter 536 and, if applicable, 64
section 536.028. This section and chapter 536 are 65
nonseverable and if any of the powers vested with the 66
general assembly pursuant to chapter 536 to review, to delay 67
the effective date or to disapprove and annul a rule are 68
subsequently held unconstitutional, then the grant of 69
rulemaking authority and any rule proposed or adopted after 70
August 28, 2000, shall be invalid and void. 71
407.1104. 1. Any person or entity who makes a 1
telephone solicitation to any business subscriber or 2
residential subscriber in this state shall, at the beginning 3
of such solicitation, state clearly the identity of the 4
person or entity initiating the solicitation. 5
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2. No person or entity who makes a telephone 6
solicitation to a business subscriber or residential 7
subscriber in this state shall knowingly use any method, 8
including call spoofing, to block or otherwise circumvent 9
any subscriber's use of a caller identification service. 10
407.1115. 1. This section shall be known and may be 1
cited as the "Caller ID Anti-Spoofing Act". 2
2. As used in this section, the following terms mean: 3
(1) "Automatic telephone dialing system", equipment 4
that has the capacity to: 5
(a) Store or produce telephone numbers to be called, 6
using a random or sequential number generator; and 7
(b) Dial such numbers; 8
(2) "Call", any telephone call, facsimile, or text 9
message made using a public switched telephone network, 10
wireless cellular telephone service, or voice-over-internet 11
protocol (VoIP) service that has the capability of accessing 12
users on the public switched telephone network or a 13
successor network; 14
(3) "Caller", a person or entity who places a call, 15
facsimile, or text message, whether by phone or computer; 16
(4) "Caller identification information", information 17
provided by a caller identification service regarding the 18
telephone number or other origination information of a call 19
or facsimile transmission made using a telecommunications 20
service or an interconnected VoIP service or of a text 21
message sent using a text messaging service; 22
(5) "Caller identification service", any service or 23
device designed to provide the user of the service or device 24
with the telephone number or other origination information 25
of a call or facsimile transmission made using a 26
telecommunications service or an interconnected VoIP service 27
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or of a text message sent using a text messaging service. 28
"Caller identification service" includes automatic number 29
identification services; 30
(6) "Provider", a telecommunication company that 31
provides voice communication services to customers in this 32
state; 33
(7) "Robocall", a call made, including a text message 34
sent, to any telephone number owned by a person or entity in 35
the state using an automatic telephone dialing system or an 36
artificial or prerecorded voice; 37
(8) "STIR/SHAKEN" or the "Secure Telephone Identity 38
Revisited (STIR) and Signature-based Handling of Asserted 39
Information Using toKENs (SHAKEN)", an authentication 40
framework of interconnected standards adopted by the Federal 41
Communications Commission. "STIR/SHAKEN" digitally 42
validates the handoff of phone calls passing through the 43
complex web of networks, allowing the phone company of the 44
consumer receiving the call to verify that a call is in fact 45
from the number displayed on Caller ID; 46
(9) "Text message": 47
(a) A real-time or near real-time message consisting 48
of text, images, sounds, or other information that is 49
transmitted from or received by a device that is identified 50
as the transmitting or receiving device by means of a 51
telephone number; 52
(b) Includes a short message service (SMS) message, an 53
enhanced message service (EMS) message, and a multimedia 54
message service (MMS) message; and 55
(c) Does not include a real-time, two-way voice or 56
video communication; 57
(10) "Text messaging service", a service that permits 58
the transmission or receipt of a text message, including a 59
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service provided as part of or in connection with a 60
telecommunications service or an interconnected VoIP service; 61
(11) "Voice service", any service that is 62
interconnected with the public switched telephone network 63
and that furnishes voice communications to an end user using 64
resources from the North American Numbering Plan or any 65
successor to the North American Numbering Plan adopted by 66
the public service commission under the Communications Act 67
of 1934, 47 U.S.C. Section 251(e)(1), as amended; and 68
includes: 69
(a) Transmissions from a telephone facsimile machine, 70
computer, or other device to a telephone facsimile machine; 71
and 72
(b) Without limitation, any service that enables real- 73
time, two-way voice communications, including any service 74
that requires internet protocol-compatible customer premises 75
equipment (commonly known as "CPE") and permits outbound 76
calling, whether the service is one-way or two-way voice 77
over internet protocol. 78
3. Consistent with authorization provided by federal 79
law and rules of the Federal Communications Commission or 80
its successors: 81
(1) Providers shall block a voice call when the 82
subscriber to which the originating number is assigned has 83
requested that calls purporting to originate from that 84
number be blocked because the number is used for inbound 85
calls only; and 86
(2) Providers shall block calls originating from the 87
following numbers: 88
(a) A number that is not a valid North American 89
numbering plan number; 90
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(b) A valid North American numbering plan number that 91
is not allocated to a provider by the North American 92
numbering plan administrator; and 93
(c) A valid North American numbering plan number that 94
is allocated to a provider by the North American number plan 95
administrator or pooling administrator, but is unused, so 96
long as the provider blocking the calls is the allocatee of 97
the number and confirms that the number is unused or has 98
obtained verification from the allocatee that the number is 99
unused at the time of the blocking. 100
4. Consistent with the authorization provided by 101
federal law and rules of the Federal Communications 102
Commission or its successors: 103
(1) Providers shall not block a voice call if the call 104
is an emergency call placed to 911; and 105
(2) Providers shall not block a voice call to a 106
subscriber who has requested that no inbound calls be 107
blocked. 108
5. For purposes of blocking calls from certain 109
originating numbers as authorized in subsections 3 and 4 of 110
this section, a provider may rely on caller identification 111
service information to determine the originating number. 112
6. Notwithstanding any other provision of law to the 113
contrary, a voice service provider shall be considered to be 114
in compliance with this section and any rule or regulation 115
adopted thereunder if that provider has filed a 116
certification with the Federal Communications Commission 117
that the provider's traffic is either authenticated with 118
STIR/SHAKEN or subject to a compliant robocall mitigation 119
program. A copy of such certification shall be made 120
available to the attorney general upon request. 121
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7. No later than August 28, 2027, a provider of voice 122
service shall implement STIR/SHAKEN authentication protocol 123
or an alternative technology that provides comparable or 124
superior capability to verify and authenticate caller 125
identification in the internet protocol networks of voice 126
service providers. 127
8. (1) Any voice service provider that knowingly 128
fails or neglects to comply with this section, or a rule or 129
regulation adopted thereunder, shall be subject to the 130
payment of fines as follows: 131
(a) A sum of twenty-five thousand dollars for the 132
first offense; 133
(b) A sum of fifty thousand dollars for the second 134
offense; and 135
(c) A sum of seventy-five thousand dollars for the 136
third or any subsequent offense. 137
(2) All fines collected by the attorney general under 138
this section shall be deposited into the state treasury to 139
be credited to the merchandising practices revolving fund 140
created under section 407.140. 141
9. The attorney general has jurisdiction to commence 142
an action on behalf of the state of Missouri for any 143
violations under this section in a court of competent 144
jurisdiction. The court may, upon notice to the defendant 145
of not less than five days, grant injunctive relief to 146
enjoin and restrain the continuation of any violations, and 147
for the enforcement and collection of the fines under 148
subsection 8 of this section. 149
10. It shall be a violation of this section for a 150
caller to: 151
(1) Enter or cause to be entered false information 152
into a caller identification service with the malicious 153
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intent to deceive, defraud, cause harm, harass, mislead, or 154
wrongfully obtain anything of value from the recipient of a 155
call; or 156
(2) Place a call knowing that false information was 157
entered into the caller identification service with the 158
intent to deceive, defraud, cause harm, harass, mislead, or 159
wrongfully obtain anything of value from the recipient of 160
the call. 161
11. This section shall not apply to: 162
(1) The blocking of caller identification information; 163
(2) Any law enforcement agency of the federal, state, 164
county, or municipal government; 165
(3) Any intelligence or security agency of the federal 166
government; or 167
(4) A communications service provider, including a 168
telecommunications, broadband, or voice-over-internet 169
service provider that: 170
(a) Acts in the communications service provider's 171
capacity as an intermediary for the transmission of 172
telephone service between the caller and the recipient; 173
(b) Provides or configures a service or service 174
feature as requested by the customer; 175
(c) Acts in a manner that is authorized or required by 176
applicable law; or 177
(d) Engages in other conduct that is necessary to 178
provide service. 179
12. The recipient of any call in which the caller uses 180
false caller identification information shall have standing 181
to recover actual and punitive damages against the caller. 182
Punitive damages shall be in an amount determined by the 183
court but not to exceed five thousand dollars per call. 184
Call recipients may bring action under this section as 185
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members of a class. The attorney general may initiate legal 186
proceedings or intervene in legal proceedings on behalf of 187
call recipients and, if the caller is found guilty, shall 188
recover all costs of the investigation and prosecution of 189
the action. 190
13. It shall be unlawful for any person within the 191
United States, or any person outside the United States if 192
the recipient is within the United States, in connection 193
with any voice service or text messaging service, to cause 194
any caller identification service to knowingly transmit 195
misleading or inaccurate caller identification information 196
with the intent to deceive, defraud, cause harm, harass, 197
mislead, or wrongfully obtain anything of value, unless such 198
transmission is exempted under subsection 11 of this section. 199
455.030. 1. When the court is unavailable after 1
business hours or on holidays or weekends, a verified 2
petition for protection from domestic violence or a motion 3
for hearing on violation of any order of protection under 4
sections 455.010 to 455.085 may be filed before any 5
available court in the city or county having jurisdiction to 6
hear the petition pursuant to the guidelines developed 7
pursuant to subsection 4 of this section. An ex parte order 8
may be granted pursuant to section 455.035. 9
2. All papers in connection with the filing of a 10
petition or the granting of an ex parte order of protection 11
or a motion for a hearing on a violation of an order of 12
protection under this section shall be certified by such 13
court or the clerk within the next regular business day to 14
the circuit court having jurisdiction to hear the petition. 15
3. A petitioner seeking a protection order shall not 16
be required to reveal any current address or place of 17
residence except to the court in camera for the purpose of 18
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determining jurisdiction and venue. The petitioner may be 19
required to provide a mailing address unless the petitioner 20
alleges that he or she would be endangered by such 21
disclosure, or that other family or household members would 22
be endangered by such disclosure. Effective January 1, 23
2004, a petitioner shall not be required to provide his or 24
her Social Security number on any petition or document filed 25
in connection with a protection order; except that, the 26
court may require that a petitioner's Social Security number 27
be retained on a confidential case sheet or other 28
confidential record maintained in conjunction with the 29
administration of the case. 30
4. The supreme court shall develop guidelines which 31
ensure that a verified petition may be filed on holidays, 32
evenings and weekends. 33
5. The supreme court shall develop guidelines for 34
redaction of personal identifying information where a 35
petitioner is required to reveal such information to the 36
court. 37
455.050. 1. Any full or ex parte order of protection 1
granted pursuant to sections 455.010 to 455.085 shall be to 2
protect the petitioner from cyberstalking, domestic 3
violence, stalking, or sexual assault and may include such 4
terms as the court reasonably deems necessary to ensure the 5
petitioner's safety, including but not limited to: 6
(1) Temporarily enjoining the respondent from 7
committing or threatening to commit cyberstalking, domestic 8
violence, molesting, stalking, sexual assault, or disturbing 9
the peace of the petitioner, including violence against a 10
pet; 11
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(2) Temporarily enjoining the respondent from entering 12
the premises of the dwelling unit of the petitioner when the 13
dwelling unit is: 14
(a) Jointly owned, leased or rented or jointly 15
occupied by both parties; or 16
(b) Owned, leased, rented or occupied by petitioner 17
individually; or 18
(c) Jointly owned, leased, rented or occupied by 19
petitioner and a person other than respondent; provided, 20
however, no spouse shall be denied relief pursuant to this 21
section by reason of the absence of a property interest in 22
the dwelling unit; or 23
(d) Jointly occupied by the petitioner and a person 24
other than respondent; provided that the respondent has no 25
property interest in the dwelling unit; or 26
(3) Temporarily enjoining the respondent from 27
communicating with the petitioner in any manner or through 28
any medium. 29
2. Mutual orders of protection are prohibited unless 30
both parties have properly filed written petitions and 31
proper service has been made in accordance with sections 32
455.010 to 455.085. 33
3. When the court has, after a hearing for any full 34
order of protection, issued an order of protection, it may, 35
in addition: 36
(1) Award custody of any minor child born to or 37
adopted by the parties when the court has jurisdiction over 38
such child and no prior order regarding custody is pending 39
or has been made, and the best interests of the child 40
require such order be issued; 41
(2) Establish a visitation schedule that is in the 42
best interests of the child; 43
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(3) Award child support in accordance with supreme 44
court rule 88.01 and chapter 452; 45
(4) Award maintenance to petitioner when petitioner 46
and respondent are lawfully married in accordance with 47
chapter 452; 48
(5) Order respondent to make or to continue to make 49
rent or mortgage payments on a residence occupied by the 50
petitioner if the respondent is found to have a duty to 51
support the petitioner or other dependent household members; 52
(6) Order the respondent to pay the petitioner's rent 53
at a residence other than the one previously shared by the 54
parties if the respondent is found to have a duty to support 55
the petitioner and the petitioner requests alternative 56
housing; 57
(7) Order that the petitioner be given temporary 58
possession of specified personal property, such as 59
automobiles, checkbooks, keys, and other personal effects; 60
(8) Prohibit the respondent from transferring, 61
encumbering, or otherwise disposing of specified property 62
mutually owned or leased by the parties; 63
(9) Order the respondent to participate in a court- 64
approved counseling program designed to help batterers stop 65
violent behavior or to participate in a substance abuse 66
treatment program; 67
(10) Order the respondent to pay a reasonable fee for 68
housing and other services that have been provided or that 69
are being provided to the petitioner by a shelter for 70
victims of domestic violence; 71
(11) Order the respondent to pay court costs; 72
(12) Order the respondent to pay the cost of medical 73
treatment and services that have been provided or that are 74
being provided to the petitioner as a result of injuries 75
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sustained to the petitioner by an act of domestic violence 76
committed by the respondent; 77
(13) Award possession and care of any pet, along with 78
any moneys necessary to cover medical costs that may have 79
resulted from abuse of the pet. 80
4. (1) If the court issues, after a hearing for any 81
full order of protection, an order of protection, the court 82
may also: 83
(a) Prohibit the respondent from knowingly possessing 84
or purchasing any firearm while the order is in effect; and 85
(b) Inform the respondent of such prohibition in 86
writing and, if the respondent is present, orally; and 87
(2) If the court prohibits the respondent from 88
possessing or purchasing any firearm pursuant to subdivision 89
(1) of this subsection, the court shall forward the order to 90
the Missouri state highway patrol so that the Missouri state 91
highway patrol can update the respondent's record in the 92
National Instant Criminal Background Check System (NICS). 93
Upon receiving an order under this subsection, the Missouri 94
state highway patrol shall notify the Federal Bureau of 95
Investigation within twenty-four hours. 96
5. A verified petition seeking orders for maintenance, 97
support, custody, visitation, payment of rent, payment of 98
monetary compensation, possession of personal property, 99
prohibiting the transfer, encumbrance, or disposal of 100
property, or payment for services of a shelter for victims 101
of domestic violence, shall contain allegations relating to 102
those orders and shall pray for the orders desired. 103
[5.] 6. In making an award of custody, the court shall 104
consider all relevant factors including the presumption that 105
the best interests of the child will be served by placing 106
the child in the custody and care of the nonabusive parent, 107
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unless there is evidence that both parents have engaged in 108
abusive behavior, in which case the court shall not consider 109
this presumption but may appoint a guardian ad litem or a 110
court-appointed special advocate to represent the children 111
in accordance with chapter 452 and shall consider all other 112
factors in accordance with chapter 452. 113
[6.] 7. The court shall grant to the noncustodial 114
parent rights to visitation with any minor child born to or 115
adopted by the parties, unless the court finds, after 116
hearing, that visitation would endanger the child's physical 117
health, impair the child's emotional development or would 118
otherwise conflict with the best interests of the child, or 119
that no visitation can be arranged which would sufficiently 120
protect the custodial parent from further domestic 121
violence. The court may appoint a guardian ad litem or 122
court-appointed special advocate to represent the minor 123
child in accordance with chapter 452 whenever the custodial 124
parent alleges that visitation with the noncustodial parent 125
will damage the minor child. 126
[7.] 8. The court shall make an order requiring the 127
noncustodial party to pay an amount reasonable and necessary 128
for the support of any child to whom the party owes a duty 129
of support when no prior order of support is outstanding and 130
after all relevant factors have been considered, in 131
accordance with Missouri supreme court rule 88.01 and 132
chapter 452. 133
[8.] 9. The court may grant a maintenance order to a 134
party for a period of time, not to exceed one hundred eighty 135
days. Any maintenance ordered by the court shall be in 136
accordance with chapter 452. 137
[9.] 10. (1) The court may, in order to ensure that a 138
petitioner can maintain an existing wireless telephone 139
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number or numbers, issue an order, after notice and an 140
opportunity to be heard, directing a wireless service 141
provider to transfer the billing responsibility for and 142
rights to the wireless telephone number or numbers to the 143
petitioner, if the petitioner is not the wireless service 144
accountholder. 145
(2) (a) The order transferring billing responsibility 146
for and rights to the wireless telephone number or numbers 147
to the petitioner shall list the name and billing telephone 148
number of the accountholder, the name and contact 149
information of the person to whom the telephone number or 150
numbers will be transferred, and each telephone number to be 151
transferred to that person. The court shall ensure that the 152
contact information of the petitioner is not provided to the 153
accountholder in proceedings held under this chapter. 154
(b) Upon issuance, a copy of the full order of 155
protection shall be transmitted, either electronically or by 156
certified mail, to the wireless service provider's 157
registered agent listed with the secretary of state, or 158
electronically to the email address provided by the wireless 159
service provider. Such transmittal shall constitute 160
adequate notice for the wireless service provider acting 161
under this section and section 455.523. 162
(c) If the wireless service provider cannot 163
operationally or technically effectuate the order due to 164
certain circumstances, the wireless service provider shall 165
notify the petitioner within three business days. Such 166
circumstances shall include, but not be limited to, the 167
following: 168
a. The accountholder has already terminated the 169
account; 170
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b. The differences in network technology prevent the 171
functionality of a device on the network; or 172
c. There are geographic or other limitations on 173
network or service availability. 174
(3) (a) Upon transfer of billing responsibility for 175
and rights to a wireless telephone number or numbers to the 176
petitioner under this subsection by a wireless service 177
provider, the petitioner shall assume all financial 178
responsibility for the transferred wireless telephone number 179
or numbers, monthly service costs, and costs for any mobile 180
device associated with the wireless telephone number or 181
numbers. 182
(b) This section shall not preclude a wireless service 183
provider from applying any routine and customary 184
requirements for account establishment to the petitioner as 185
part of this transfer of billing responsibility for a 186
wireless telephone number or numbers and any devices 187
attached to that number or numbers including, but not 188
limited to, identification, financial information, and 189
customer preferences. 190
(4) This section shall not affect the ability of the 191
court to apportion the assets and debts of the parties as 192
provided for in law, or the ability to determine the 193
temporary use, possession, and control of personal property. 194
(5) No cause of action shall lie against any wireless 195
service provider, its officers, employees, or agents, for 196
actions taken in accordance with the terms of a court order 197
issued under this section. 198
(6) As used in this section and section 455.523, a 199
"wireless service provider" means a provider of commercial 200
mobile service under Section 332(d) of the Federal 201
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[Telecommunications Act of 1996] Communications Act of 1934 202
(47 U.S.C. Section [151, et seq.] 332). 203
455.523. 1. Any full order of protection granted 1
under sections 455.500 to 455.538 shall be to protect the 2
victim from domestic violence, including danger to the 3
child's pet, stalking, and sexual assault may include such 4
terms as the court reasonably deems necessary to ensure the 5
petitioner's safety, including but not limited to: 6
(1) Temporarily enjoining the respondent from 7
committing domestic violence or sexual assault, threatening 8
to commit domestic violence or sexual assault, stalking, 9
molesting, or disturbing the peace of the victim; 10
(2) Temporarily enjoining the respondent from entering 11
the family home of the victim, except as specifically 12
authorized by the court; 13
(3) Temporarily enjoining the respondent from 14
communicating with the victim in any manner or through any 15
medium, except as specifically authorized by the court. 16
2. (1) If the court issues, after a hearing for any 17
full order of protection, an order of protection, the court 18
may also: 19
(a) Prohibit the respondent from knowingly possessing 20
or purchasing any firearm while the order is in effect; 21
(b) Inform the respondent of such prohibition in 22
writing and, if the respondent is present, orally; and 23
(2) If the court prohibits the respondent from 24
possessing or purchasing any firearm pursuant to subdivision 25
(1) of this subsection, the court shall forward the order to 26
the Missouri state highway patrol so that the Missouri state 27
highway patrol can update the respondent's record in the 28
National Instant Criminal Background Check System (NICS). 29
Upon receiving an order under this subsection, the Missouri 30
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state highway patrol shall notify the Federal Bureau of 31
Investigation within twenty-four hours. 32
3. When the court has, after hearing for any full 33
order of protection, issued an order of protection, it may, 34
in addition: 35
(1) Award custody of any minor child born to or 36
adopted by the parties when the court has jurisdiction over 37
such child and no prior order regarding custody is pending 38
or has been made, and the best interests of the child 39
require such order be issued; 40
(2) Award visitation; 41
(3) Award child support in accordance with supreme 42
court rule 88.01 and chapter 452; 43
(4) Award maintenance to petitioner when petitioner 44
and respondent are lawfully married in accordance with 45
chapter 452; 46
(5) Order respondent to make or to continue to make 47
rent or mortgage payments on a residence occupied by the 48
victim if the respondent is found to have a duty to support 49
the victim or other dependent household members; 50
(6) Order the respondent to participate in a court- 51
approved counseling program designed to help stop violent 52
behavior or to treat substance abuse; 53
(7) Order the respondent to pay, to the extent that he 54
or she is able, the costs of his or her treatment, together 55
with the treatment costs incurred by the victim; 56
(8) Order the respondent to pay a reasonable fee for 57
housing and other services that have been provided or that 58
are being provided to the victim by a shelter for victims of 59
domestic violence; 60
(9) Order a wireless service provider, in accordance 61
with the process, provisions, and requirements set out in 62
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subdivisions (1) to (6) of subsection 9 of section 455.050, 63
to transfer the billing responsibility for and rights to the 64
wireless telephone number or numbers of any minor children 65
in the petitioner's care to the petitioner, if the 66
petitioner is not the wireless service accountholder; 67
(10) Award possession and care of any pet, along with 68
any moneys necessary to cover medical costs that may have 69
resulted from abuse of the pet. 70
565.076. 1. A person commits the offense of domestic 1
assault in the fourth degree if the act involves a domestic 2
victim, as the term "domestic victim" is defined under 3
section 565.002, and: 4
(1) The person attempts to cause or recklessly causes 5
physical injury, physical pain, or illness to such domestic 6
victim; 7
(2) With criminal negligence the person causes 8
physical injury to such domestic victim by means of a deadly 9
weapon or dangerous instrument; 10
(3) The person purposely places such domestic victim 11
in apprehension of immediate physical injury by any means; 12
(4) The person recklessly engages in conduct which 13
creates a substantial risk of death or serious physical 14
injury to such domestic victim; 15
(5) The person knowingly causes physical contact with 16
such domestic victim knowing he or she will regard the 17
contact as offensive; or 18
(6) The person knowingly attempts to cause or causes 19
the isolation of such domestic victim by unreasonably and 20
substantially restricting or limiting his or her access to 21
other persons, telecommunication devices or transportation 22
for the purpose of isolation. 23
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2. The offense of domestic assault in the fourth 24
degree is a class [A misdemeanor] E felony, unless the 25
person has previously been found guilty of the offense of 26
domestic assault, of any assault offense under this chapter, 27
or of any offense against a domestic victim committed in 28
violation of any county or municipal ordinance in any state, 29
any state law, any federal law, or any military law which if 30
committed in this state two or more times would be a 31
violation of this section, in which case it is a class [E] D 32
felony. The offenses described in this subsection may be 33
against the same domestic victim or against different 34
domestic victims. 35
3. Upon a conviction for the offense of domestic 36
assault in the fourth degree, the court shall forward the 37
record of conviction to the Missouri state highway patrol so 38
that the Missouri state highway patrol can update the 39
respondent's record in the National Instant Criminal 40
Background Check System (NICS). Upon receiving a record 41
under this subsection, the Missouri state highway patrol 42
shall notify the Federal Bureau of Investigation within 43
twenty-four hours. 44
565.090. 1. A person commits the offense of 1
harassment in the first degree if he or she, without good 2
cause, engages in any act with the purpose to cause 3
emotional distress to another person, and such act does 4
cause such person to suffer emotional distress. 5
2. The offense of harassment in the first degree is a 6
class E felony, unless the defendant has previously been 7
found guilty of a violation of this section or section 8
565.091, or any offense committed in another jurisdiction 9
which, if committed in this state, would be chargeable or 10
indictable as a violation of any offense listed in this 11
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section or section 565.091, in which case harassment in the 12
first degree is a class D felony. 13
3. This section shall not apply to activities of 14
federal, state, county, or municipal law enforcement 15
officers conducting investigations of violation of federal, 16
state, county, or municipal law. 17
565.091. 1. A person commits the offense of 1
harassment in the second degree if he or she, without good 2
cause, engages in any act with the purpose to cause 3
emotional distress to another person. 4
2. The offense of harassment in the second degree is a 5
class A misdemeanor, unless the [person has previously 6
pleaded guilty to or been found guilty of a violation of 7
this section, of any offense committed in violation of any 8
county or municipal ordinance in any state, any state law, 9
any federal law, or any military law which if committed in 10
this state would be chargeable or indictable as a violation 11
of any offense listed in this subsection, in which case it 12
is a class E felony] defendant has previously been found 13
guilty of a violation of this section or section 565.090, or 14
of any offense committed in another jurisdiction which, if 15
committed in this state, would be chargeable or indictable 16
as a violation of any offense listed in this section or 17
section 565.090, in which case harassment in the second 18
degree is a class E felony. 19
3. This section shall not apply to activities of 20
federal, state, county, or municipal law enforcement 21
officers conducting investigations of violations of federal, 22
state, county, or municipal law. 23
565.227. 1. A person commits the offense of stalking 1
in the second degree if he or she purposely, through his or 2
SB 1747 37
her course of conduct, disturbs, or follows with the intent 3
to disturb another person. 4
2. This section shall not apply to activities of 5
federal, state, county, or municipal law enforcement 6
officers conducting investigations of any violation of 7
federal, state, county, or municipal law. 8
3. Any law enforcement officer may arrest, without a 9
warrant, any person he or she has probable cause to believe 10
has violated the provisions of this section. 11
4. The offense of stalking in the second degree is a 12
class [A misdemeanor] E felony, unless the defendant has 13
previously been found guilty of a violation of this section 14
or section 565.225, or of any offense committed in another 15
jurisdiction which, if committed in this state, would be 16
chargeable or indictable as a violation of any offense 17
listed in this section or section 565.225, or unless the 18
victim is intentionally targeted as a law enforcement 19
officer, as defined in section 556.061, or the victim is 20
targeted because he or she is a relative within the second 21
degree of consanguinity or affinity to a law enforcement 22
officer, in which case stalking in the second degree is a 23
class [E] D felony. 24
5. Upon a conviction for the offense of stalking in 25
the second degree, the court shall forward the record of 26
conviction to the Missouri state highway patrol so that the 27
Missouri state highway patrol can update the respondent's 28
record in the National Instant Criminal Background Check 29
System (NICS). Upon receiving a record under this 30
subsection, the Missouri state highway patrol shall notify 31
the Federal Bureau of Investigation within twenty-four hours. 32
565.260. 1. Except as provided in subsection 2 of 1
this section, a person commits the offense of unlawful 2
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tracking of a motor vehicle if the person knowingly 3
installs, conceals, or otherwise places an electronic 4
tracking device in or on a motor vehicle without the consent 5
of all owners of the vehicle for the purpose of monitoring 6
or following an occupant or occupants of the vehicle. As 7
used in this section, "person" does not include the 8
manufacturer of the motor vehicle. 9
2. (1) It shall not be an offense under this section 10
if the installing, concealing, or placing of an electronic 11
tracking device in or on a motor vehicle is by, or at the 12
direction of, a law enforcement officer in furtherance of a 13
criminal investigation and such investigation is carried out 14
in accordance with applicable state and federal law. 15
(2) It shall not be an offense under this section if 16
the installing, concealing, or placing of an electronic 17
tracking device in or on a motor vehicle is for the purpose 18
of tracking the location of stolen goods being transported 19
in the vehicle or for the purpose of tracking the location 20
of the vehicle if the motor vehicle is stolen. 21
(3) It shall not be an offense under this section if 22
the installing, concealing, or placing of an electronic 23
tracking device in or on a motor vehicle is by a legally 24
authorized representative of a vulnerable adult. As used in 25
this subdivision, "vulnerable adult" means any person 26
eighteen years of age or older who is impaired by reason of 27
mental illness, intellectual or developmental disability, 28
physical illness or disability, or other causes, including 29
age, to the extent the adult lacks sufficient understanding 30
or capacity to make, communicate, or carry out reasonable 31
decisions concerning his or her well-being or has one or 32
more limitations that substantially impair the adult's 33
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ability to independently provide for his or her daily needs 34
or safeguard his or her person, property, or legal interests. 35
(4) If the installing, concealing, or placing of an 36
electronic tracking device in or on a motor vehicle is by, 37
or at the direction of, a person who obtains consent from 38
all owners of the vehicle, the installation, concealment, or 39
placement of the device in or on the vehicle shall not be an 40
offense under this section. 41
(5) It shall not be an offense under this section if 42
the installing, concealing, or placing of an electronic 43
tracking device in or on a motor vehicle is by a vehicle 44
rental, sharing, or leasing company that rents motor 45
vehicles for the purpose of tracking or managing the motor 46
vehicles owned by such company or providing services to 47
customers. 48
(6) It shall not be an offense under this section if 49
the installing, concealing, or placing of an electronic 50
tracking device in or on a motor vehicle is by a lienholder 51
or agent of a lienholder acting to track the movement or 52
location of a motor vehicle in order to repossess the motor 53
vehicle. 54
(7) It shall not be an offense under this section if 55
the installing, concealing, or placing of an electronic 56
tracking device in or on a motor vehicle is for any party to 57
participate in a voluntary usage-based insurance program. 58
"Voluntary usage-based insurance program" shall mean any 59
program implemented by, or on behalf of, an insurance 60
company that collects, records, or transmits information 61
relating to driving behavior of an insured party. 62
3. The provisions of this section shall not apply to a 63
tracking system installed by the manufacturer of a motor 64
vehicle. 65
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4. The offense of unlawful tracking of a motor vehicle 66
is a class A misdemeanor for a first offense and a class E 67
felony for any second or subsequent offense. 68
565.400. 1. A person commits the offense of 1
cyberharassment if such person purposely or knowingly 2
engages in a threatening, aggressive, or otherwise fear- 3
inducing course of conduct by using digital technology, 4
internet service providers, electronic service providers, or 5
other electronic communications and devices that cause 6
reasonable fear, alarm, anxiety, undo stress, or terror to 7
others by repeated contact with no legitimate purpose. 8
2. The first offense of cyberharassment shall be a 9
class B misdemeanor. A second and any subsequent offense 10
shall be a class A misdemeanor. 11
565.405. 1. A person commits the offense of 1
cyberstalking if such person purposely or knowingly engages 2
in a threatening, aggressive, or otherwise fear-inducing 3
course of conduct by using digital technology, internet 4
service providers, electronic service providers, or other 5
electronic communications and devices to enhance the ability 6
to intimidate, track, follow, or cause reasonable fear, 7
alarm, anxiety, undo stress, or terror to another person. 8
2. The first offense of cyberstalking shall be a class 9
A misdemeanor. A second and any subsequent offense shall be 10
a class E felony. 11
571.070. 1. A person commits the offense of unlawful 1
possession of a firearm if such person knowingly has any 2
firearm in his or her possession and: 3
(1) Such person has been convicted of a felony under 4
the laws of this state, or of a crime under the laws of any 5
state or of the United States which, if committed within 6
this state, would be a felony; [or] 7
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(2) Such person is a fugitive from justice, is 8
habitually in an intoxicated or drugged condition, or is 9
currently adjudged mentally incompetent; 10
(3) Such person has been convicted of a domestic 11
violence offense under the laws of this state, or of a crime 12
under the laws of any state or of the United States that, if 13
committed in this state, would be a domestic violence 14
offense; or 15
(4) Such person is subject to an order of protection 16
which prohibits the possession or purchasing of any firearm 17
granted under sections 455.010 to 455.095 or sections 18
455.500 to 455.538 that was issued after a hearing of which 19
the person had actual notice and at which the person had an 20
opportunity to participate or subject to an equivalent order 21
issued under the laws of another state or the United States. 22
2. Unlawful possession of a firearm is a class C 23
felony, unless a person has been convicted of a dangerous 24
felony as defined in section 556.061, or the person has a 25
prior conviction for unlawful possession of a firearm in 26
which case it is a class B felony. 27
3. The provisions of subdivision (1) of subsection 1 28
of this section shall not apply to the possession of an 29
antique firearm. 30
4. As used in this section, "misdemeanor offense of 31
domestic violence" means: 32
(1) Domestic assault in the fourth degree under 33
section 565.076; 34
(2) Stalking in the second degree under section 35
565.227; 36
(3) Cyberstalking under section 565.405; or 37
(4) Any misdemeanor offense committed by a family or 38
household member of the victim as defined in section 455.010 39
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that involves the use or attempted use of physical force or 40
the threatened use of a deadly weapon. 41
573.570. 1. As used in this section, the following 1
terms mean: 2
(1) "Depicted individual", an individual who, as a 3
result of digitization or by means of digital manipulation, 4
appears in whole or in part in an intimate digital depiction 5
and who is identifiable by virtue of the individual's face, 6
likeness, or other distinguishing characteristic, such as a 7
unique birthmark or other recognizable feature, or from 8
information displayed in connection with the digital 9
depiction; 10
(2) "Digital depiction", a realistic visual depiction 11
of an individual that has been created or altered using 12
digital manipulation; 13
(3) "Information content providers", any person or 14
entity that is responsible, in whole or in part, for the 15
creation or development of information provided through the 16
internet or any other interactive computer service; 17
(4) "Intimate digital depiction", a digital depiction 18
of an individual that has been created or altered using 19
digital manipulation and that depicts: 20
(a) The uncovered genitals, pubic area, anus, or 21
postpubescent female nipple of an identifiable individual; 22
(b) The display or transfer of bodily sexual fluids: 23
a. Onto any part of the body of an identifiable 24
individual; or 25
b. From the body of an identifiable individual; or 26
(c) An identifiable individual engaging in sexually 27
explicit conduct; 28
(5) "Sexually explicit conduct", actual or simulated: 29
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(a) Sexual intercourse, including genital-genital, 30
oral-genital, anal-genital, or oral-anal, whether between 31
persons of the same or opposite sex; 32
(b) Bestiality; 33
(c) Masturbation; 34
(d) Sadistic or masochistic abuse; or 35
(e) Lascivious exhibition of the genitals or pubic 36
area of any person. 37
2. A person commits the offense of disclosure of an 38
intimate digital depiction if the person: 39
(1) Discloses an intimate digital depiction: 40
(a) With the intent to harass, annoy, threaten, alarm, 41
or cause substantial harm to the finances or reputation of 42
the depicted individual; or 43
(b) With the actual knowledge that, or reckless 44
disregard for whether, such disclosure will cause physical, 45
emotional, reputational, or economic harm to the depicted 46
individual; or 47
(2) Threatens to disclose an intimate digital 48
depiction: 49
(a) With the intent to harass, annoy, threaten, alarm, 50
or cause substantial harm to the finances or reputation of 51
the depicted individual; or 52
(b) With the actual knowledge that, or reckless 53
disregard for whether, such threatened disclosure will cause 54
physical, emotional, reputational, or economic harm to the 55
depicted individual. 56
3. (1) A violation of subdivision (1) of subsection 2 57
of this section shall be a class D felony. 58
(2) A violation of subdivision (2) of subsection 2 of 59
this section shall be a class E felony. 60
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(3) A violation of subdivision (1) of subsection 2 of 61
this section shall be a class C felony if: 62
(a) The violation is a second or other subsequent 63
violation of subdivision (1) of subsection 2 of this 64
section; or 65
(b) The violation is such that the digital depiction 66
could be reasonably expected to: 67
a. Affect the conduct of any administrative, 68
legislative, or judicial proceeding of a federal, state, 69
local, or tribal government agency, including the 70
administration of an election or the conduct of foreign 71
relations; or 72
b. Facilitate violence. 73
(4) A violation of subdivision (2) of subsection 2 of 74
this section shall be a class D felony if: 75
(a) The violation is a second or other subsequent 76
violation of subdivision (2) of subsection 2 of this 77
section; or 78
(b) The violation is such that the digital depiction 79
could be reasonably expected to affect the conduct of any 80
administrative, legislative, or judicial proceeding of a 81
federal, state, local, or tribal government agency, 82
including the administration of an election or the conduct 83
of foreign relations. 84
4. It shall not be a defense to an offense of 85
disclosure of an intimate digital depiction under this 86
section that there is a disclaimer stating that the intimate 87
digital depiction of the depicted individual was 88
unauthorized or that the depicted individual did not 89
participate in the creation or development of the digital 90
depiction. 91
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5. For the purposes of this section, a provider of an 92
interactive computer service shall not be held to have 93
committed the offense of disclosure of an intimate digital 94
depiction due to: 95
(1) Any action voluntarily taken in good faith to 96
restrict access to or availability of intimate digital 97
depictions; or 98
(2) Any action taken to enable or make available to 99
information content providers or other persons the technical 100
means to restrict access to intimate digital depictions. 101
573.575. 1. A person commits the offense of sadistic 1
online exploitation if he or she: 2
(1) Uses the internet to manipulate, intimidate, hurt, 3
scare, control, or threaten a victim to undergo suffering 4
through forcing their submission, use of violence, self- 5
harm, or destruction for sadistic or sinister purposes; 6
(2) Coerces a victim into performing self-harm, animal 7
harm, or harm to another person; 8
(3) Uses nonphysical forms of coercion, manipulation, 9
shame, or fear to extort another person into providing 10
sexually explicit content then using such content to further 11
extort, threaten, or control the victim; or 12
(4) Uses intimate depictions as devices to threaten or 13
coerce a victim by demanding any kind of financial gain. 14
2. The offense of sadistic online exploitation shall 15
be a class E felony. If bodily harm or injury occurs, this 16
offense shall be a class D felony. 17
589.660. As used in sections 589.660 to 589.681, the 1
following terms mean: 2
(1) "Address", a residential street address, school 3
address, or work address of a person, as specified on the 4
person's application to be a program participant; 5
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(2) "Application assistant", an employee or volunteer 6
of a government agency, or of a nonprofit program that 7
provides counseling, referral, shelter, or other specialized 8
service to victims of domestic violence, rape, sexual 9
assault, human trafficking, stalking, cyberstalking, 10
harassment, cyberharassment, or other crimes who has been 11
designated by the respective agency or program, and who has 12
been trained and registered by the secretary of state to 13
assist individuals in the completion of program 14
participation applications; 15
(3) "Designated address", the address assigned to a 16
program participant by the secretary; 17
(4) "Mailing address", an address that is recognized 18
for delivery by the United States Postal Service; 19
(5) "Program", the address confidentiality program 20
established in section 589.663; 21
(6) "Program participant", a person certified by the 22
secretary of state as eligible to participate in the address 23
confidentiality program; 24
(7) "Secretary", the secretary of state. 25
589.663. There is created in the office of the 1
secretary of state a program to be known as the "Address 2
Confidentiality Program" to protect victims of domestic 3
violence, rape, sexual assault, human trafficking, stalking, 4
cyberstalking, harassment, cyberharassment, or other crimes 5
who fear for their safety, as well as the safety of 6
individuals residing in the same household as the victim, by 7
authorizing the use of designated addresses for such 8
victims, their minor children, and individuals residing with 9
them. The program shall be administered by the secretary 10
under the following application and certification procedures: 11
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(1) An adult person, a parent or guardian acting on 12
behalf of a minor, or a guardian acting on behalf of an 13
incapacitated person may apply to the secretary to have a 14
designated address assigned by the secretary to serve as the 15
person's address or the address of the minor or 16
incapacitated person; 17
(2) The secretary may approve an application if it is 18
filed with the office of the secretary in the manner 19
established by rule and on a form prescribed by the 20
secretary. A completed application shall contain: 21
(a) The date the application was prepared, the 22
applicant's signature, and the signature and registration 23
number of the application assistant who assisted the 24
applicant in applying to be a program participant; 25
(b) A designation of the secretary as agent for 26
purposes of service of process and for receipt of first 27
class mail, legal documents, and certified mail; 28
(c) A statement that the applicant has good reason to 29
believe that he or she: 30
a. Is a victim or resides in the same household as a 31
victim; and 32
b. Fears future harm; 33
(d) A mailing address where the applicant may be 34
contacted by the secretary or a designee and the telephone 35
number or numbers where the applicant may be called by the 36
secretary or the secretary's designee; and 37
(e) One or more addresses that the applicant requests 38
not be disclosed for the reason that disclosure will 39
jeopardize the applicant's safety or increase the risk of 40
violence to the applicant or members of the applicant's 41
household; 42
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(3) Upon receipt of a completed application, the 43
secretary may certify the applicant as a program 44
participant. A program participant is certified for four 45
years following the date of initial certification unless the 46
certification is withdrawn by the applicant or cancelled by 47
the secretary before that date. The secretary shall send 48
notification of an expiring certification and a renewal form 49
to a program participant at least four weeks prior to the 50
expiration of the program participant's certification. The 51
renewal need only be signed by the applicant and need not be 52
made before an application assistant; 53
(4) The secretary shall forward first class mail, 54
legal documents, and certified mail to the appropriate 55
program participants; 56
(5) This section shall be liberally construed as to 57
not hold omissions by the secretary against participants or 58
applicants. 59
590.040. 1. The POST commission shall set the minimum 1
number of hours of basic training for licensure as a peace 2
officer no lower than six hundred, with the following 3
exceptions: 4
(1) Up to one thousand hours may be mandated for any 5
class of license required for commission by a state law 6
enforcement agency; 7
(2) As few as one hundred twenty hours may be mandated 8
for any class of license restricted to commission as a 9
reserve peace officer with police powers limited to the 10
commissioning political subdivision; 11
(3) Persons validly licensed on August 28, 2001, may 12
retain licensure without additional basic training; 13
(4) Persons licensed and commissioned within a county 14
of the third classification before July 1, 2002, may retain 15
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licensure with one hundred twenty hours of basic training if 16
the commissioning political subdivision has adopted an order 17
or ordinance to that effect; 18
(5) Persons serving as a reserve officer on August 27, 19
2001, within a county of the first classification or a 20
county with a charter form of government and with more than 21
one million inhabitants on August 27, 2001, having 22
previously completed a minimum of one hundred sixty hours of 23
training, shall be granted a license necessary to function 24
as a reserve peace officer only within such county. For the 25
purposes of this subdivision, the term "reserve officer" 26
shall mean any person who serves in a less than full-time 27
law enforcement capacity, with or without pay and who, 28
without certification, has no power of arrest and who, 29
without certification, must be under the direct and 30
immediate accompaniment of a certified peace officer of the 31
same agency at all times while on duty; and 32
(6) The POST commission shall provide for the 33
recognition of basic training received at law enforcement 34
training centers of other states, the military, the federal 35
government and territories of the United States regardless 36
of the number of hours included in such training and shall 37
have authority to require supplemental training as a 38
condition of eligibility for licensure. 39
2. The director shall have the authority to limit any 40
exception provided in subsection 1 of this section to 41
persons remaining in the same commission or transferring to 42
a commission in a similar jurisdiction. 43
3. The basic training of every peace officer, except 44
agents of the conservation commission, shall include at 45
least thirty hours of training in the investigation and 46
management of cases involving domestic and family violence. 47
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Such training shall include instruction, specific to 48
domestic and family violence cases, regarding: report 49
writing; physical abuse, sexual abuse, child fatalities and 50
child neglect; interviewing children and alleged 51
perpetrators; the nature, extent and causes of domestic and 52
family violence; the safety of victims, other family and 53
household members and investigating officers; legal rights 54
and remedies available to victims, including rights to 55
compensation and the enforcement of civil and criminal 56
remedies; services available to victims and their children; 57
the effects of cultural, racial and gender bias in law 58
enforcement; and state statutes. Said curriculum shall be 59
developed and presented in consultation with the department 60
of health and senior services, the children's division, 61
public and private providers of programs for victims of 62
domestic and family violence, persons who have demonstrated 63
expertise in training and education concerning domestic and 64
family violence, and the Missouri coalition against domestic 65
violence. 66
4. The basic training of every peace officer first 67
licensed on or after August 28, 2027, shall include at least 68
six hours of training concerning the prohibition against 69
racial profiling and such training shall promote 70
understanding and respect for racial and cultural 71
differences and the use of effective, noncombative methods 72
for carrying out law enforcement duties in a racially and 73
culturally diverse environment. Such training shall include 74
two hours of racial profiling training, two hours of 75
implicit bias training, and two hours of de-escalation 76
training. 77
5. The basic training of every peace officer first 78
licensed on or after August 28, 2027, shall include at least 79
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four hours of training specific to stalking, harassment, 80
cyberstalking and cyberharassment, the safety of victims, 81
legal rights and remedies available to victims, including 82
the civil and criminal remedies, and resources and services 83
available to victims. 84
595.205. 1. This section shall be known and may be 1
cited as the "Cybercrime Survivors' Bill of Rights". These 2
rights shall be in addition to other rights as designated by 3
law and no person shall discourage a person from exercising 4
these rights. For the purposes of this section, "cybercrime 5
survivor" means any person who may be a victim of 6
cyberharassment or cyberstalking who presents themselves to 7
an appropriate law enforcement officer, prosecuting 8
attorney, or court. 9
2. A cybercrime survivor retains all the rights of 10
this section regardless of whether a criminal investigation 11
or prosecution results or if the survivor has previously 12
waived any of these rights. A cybercrime survivor has the 13
right to: 14
(1) Consult with an employee or volunteer of a crisis 15
center specializing in victim care and advocacy; 16
(2) Request to be interviewed by a law enforcement 17
officer of the gender of the survivor's choosing, when there 18
is an available appropriate law enforcement official of the 19
gender of the survivor's choosing; 20
(3) An interpreter who can communicate in the language 21
of the survivor's choice, as is reasonably available, in a 22
timely manner; 23
(4) Notification of basic rights afforded and 24
resources available to victims of cybercrimes; 25
(5) Notification about change in placement of 26
incarceration of the perpetrator; 27
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(6) Be free from intimidation, harassment, and abuse 28
in any related criminal or civil proceeding and the right to 29
reasonable protection from the offender or any person acting 30
on behalf of the offender from harm and threats of harm 31
arising out of the survivor's disclosure. 32
3. An appropriate crisis care provider, law 33
enforcement officer, and prosecuting attorney shall provide 34
the cybercrime survivor with notification of the rights of 35
survivors pursuant to subsection 2 of this section in a 36
timely manner. Each appropriate crisis care provider, law 37
enforcement officer, and prosecuting attorney shall ensure 38
that the cybercrime survivor has been notified of these 39
rights. 40
4. The department of public safety, with the advice of 41
the attorney general, shall develop forms and procedures for 42
gathering, transmitting, and storing evidence related to 43
cyberharassment, cyberstalking, harassment, and stalking 44
offenses. 45
5. The department of public safety shall develop a 46
document in collaboration with Missouri-based stakeholders. 47
Missouri-based stakeholders shall include, but not be 48
limited to, the following: 49
(1) Prosecuting attorneys; 50
(2) Chief law enforcement officers or their designees; 51
(3) Appropriate medical providers, as defined in 52
section 595.220; 53
(4) Representatives of the statewide coalition against 54
domestic and sexual violence; 55
(5) The director of the Missouri state highway patrol 56
crime lab or their designee; and 57
(6) Representatives of a statewide association 58
representing Missouri hospitals. 59
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6. The document required in subsection 4 of this 60
section shall include the following: 61
(1) A description of the rights of the cybercrime 62
survivor pursuant to this section; and 63
(2) Telephone and internet means for contacting a 64
crisis center specializing in victim care and advocacy. 65
The department of public safety shall provide this document 66
in clear language that is comprehensible to a person 67
proficient in English and shall provide this document in any 68
other foreign language spoken by at least five percent of 69
the population in any county or city not within a county in 70
Missouri. 71
595.400. 1. There is hereby created the "Elder Abuse 1
Task Force" to consist of the following members: 2
(1) The director of the department health and senior 3
services or his or her designee; 4
(2) Four members of the general assembly: 5
(a) Two members of the senate, with one member to be 6
appointed by the president pro tempore of the senate and one 7
member to be appointed by the minority floor leader of the 8
senate; and 9
(b) Two members of the house of representatives, with 10
one member to be appointed by the speaker of the house of 11
representatives and one member to be appointed by the 12
minority floor leader of the house of representatives; 13
(3) Two members with law enforcement backgrounds and 14
experience with elder abuse appointed by the director of the 15
department of public safety; 16
(4) A representative of the Missouri Association of 17
Prosecuting Attorneys appointed by the president of the 18
Missouri Association of Prosecuting Attorneys; 19
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(5) Two financial fraud experts appointed by the 20
governor; 21
(6) Two elder advocates appointed by the governor; 22
(7) One member appointed by the department of health 23
and senior services director with knowledge of the master 24
plan on aging; 25
(8) One member from the Missouri Council on Aging 26
appointed by their board president; 27
(9) One member from Missouri's Area Agencies on Aging 28
appointed by the Missouri Association of Area Agencies on 29
Aging. 30
2. The task force shall appoint a chairperson who is 31
elected by a majority vote of the members of the task 32
force. The task force shall have an initial meeting before 33
October 1, 2026. The members of the task force shall serve 34
without compensation, but shall be entitled to necessary and 35
actual expenses incurred in attending meetings of the task 36
force. 37
3. The task force shall examine and make 38
recommendations on including but not limited to: 39
(1) Romance scams, elder financial exploitation, cyber 40
harassment, and digital abuse; 41
(2) Educational and any other resources deemed 42
necessary by the task force to educate and inform victims 43
and the public on ways to protect themselves; 44
(3) Measures necessary to address and reduce elder 45
abuse; and 46
(4) Measures to help victims and victims' families 47
prevent and heal from elder abuse. 48
595.450. 1. (1) There is hereby created in the state 1
treasury the "Digital Victim Assistance and Awareness Fund", 2
which shall consist of moneys collected under subsection 2 3
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this section and any gifts, donations, bequests, or 4
appropriations. The state treasurer shall be custodian of 5
the fund. In accordance with sections 30.170 and 30.180, 6
the state treasurer may approve disbursements. Upon 7
appropriation, money in the fund shall be used solely for 8
public awareness and education on cybercrimes. 9
(2) Notwithstanding the provisions of section 33.080 10
to the contrary, any moneys remaining in the fund at the end 11
of the biennium shall not revert to the credit of the 12
general revenue fund. 13
(3) The state treasurer shall invest moneys in the 14
fund in the same manner as other funds are invested. Any 15
interest and moneys earned on such investments shall be 16
credited to the fund. 17
2. In criminal cases involving violations of sections 18
565.090, 565.091, 565.225, 565.227, 565.400, 565.405, 19
573.570, or 573.575, there shall be assessed as costs a 20
surcharge in the amount of fifteen dollars. No such 21
surcharge shall be collected in any proceeding involving a 22
violation of an ordinance or state law when the proceeding 23
or defendant has been dismissed by the court or when costs 24
are to be paid by the state, county, or municipality. Such 25
surcharge shall be collected and disbursed by the clerk of 26
the court as provided by sections 488.010 to 488.020. The 27
surcharge collected pursuant to this section shall be paid 28
into the state treasury to the credit of the digital victim 29
assistance and awareness fund created in this section. 30
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