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3820S.04C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 893
AN ACT
To repeal sections 43.656, 56.265, 67.2540, 168.071,
190.142, 210.1080, 210.1505, 211.326, 315.005,
324.012, 324.035, 329.050, 337.618, 339.100, 542.301,
566.010, 566.147, 566.148, 566.149, 566.150, 566.155,
566.211, 566.218, 567.030, 573.010, 573.023, 573.025,
573.035, 573.037, 573.038, 573.050, 573.052, 573.110,
573.112, 573.215, 589.042, 589.400, 589.414, 590.050,
595.045, 610.131, 650.120, and 660.520, RSMo, and to
enact in lieu thereof forty -nine new sections
relating to sexual offenses, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.656, 56.265, 67.2540, 168.071,
190.142, 210.1080, 210.1505, 211.326, 315.005, 324.012,
324.035, 329.050, 337.618, 339.100, 542.301, 566.010, 566.147,
566.148, 566.149, 566.150, 566.155, 566.211, 566.218, 567.030,
573.010, 573.023, 573.025, 573.035, 573.037, 573.038, 573.050,
573.052, 573.110, 573.112, 573.215, 589.042, 589.400, 589.414,
590.050, 595.045, 610.131, 650.120, and 660.520, RSMo, are
repealed and forty-nine new sections enacted in lieu thereof,
to be known as sections 43.656, 56.265, 67.2540, 168.071,
190.142, 210.1080, 210.1505, 211.326, 315.005, 315.081,
324.012, 324.035, 329.050, 337.618, 339.100, 537.054, 542.301,
566.010, 566.147, 566.148, 566.149, 566.150, 566.152, 566.155,
566.201, 566.211, 566.218, 567.030, 573.010, 573.023, 573.025,
573.035, 573.037, 573.038, 573.050, 573.052, 573.110, 573.112,
573.114, 573.215, 589.042, 589.400, 589.414, 590.050, 595.045,
595.047, 610.131, 650.120, and 660.520, to read as follows:
43.656. It is hereby found and declared that:
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(1) With the widespread use of computers, the internet
and electronic devices to commit crimes and the critical
lack of resources at state and local levels;
(2) Modern day criminals have learned to exploit the
internet and electronic communication to leverage computer
technology to reach a virtually unlimited number of victims
while maintaining a maximum level of anonymity[,]. Computer
crimes will continue to mount, especially in, but not
limited to, the areas of child [pornography] sexual abuse
material and sexual offenses involving children, consumer
fraud and harassment;
(3) It is necessary for the protection of the citizens
of this state that provisions be made for the establishment
of the Missouri regional computer forensics lab to prevent
and reduce computer, internet and other electronically based
crimes.
56.265. 1. The county prosecuting attorney in any
county, other than in a chartered county, shall receive an
annual salary computed using the following schedule, when
applicable. The assessed valuation factor shall be the
amount thereof as shown for the year immediately preceding
the year for which the computation is done.
(1) For a full-time prosecutor the prosecutor shall
receive compensation equal to the compensation of an
associate circuit judge;
(2) For a part-time prosecutor:
Assessed Valuation Amount
$18,000,000 to 40,999,999 $37,000
41,000,000 to 53,999,999 38,000
54,000,000 to 65,999,999 39,000
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2. Two thousand dollars of the salary shall be payable
to any prosecuting attorney only if the prosecuting attorney
has completed
(1) At least twenty hours of classroom instruction
each calendar year relating to the operations of the
prosecuting attorney's office when approved by a
professional association of the county prosecuting attorneys
of Missouri unless exempted from the training by the
professional association. The professional association
approving the program shall provide a certificate of
completion to each prosecuting attorney who completes the
training program and shall send a list of certified
prosecuting attorneys to the treasurer of each county or
city not within a county. Expenses incurred for attending
the training session may be reimbursed to the prosecuting
attorney in the same manner as other expenses as may be
appropriated for that purpose; and
(2) One hour of sex and human trafficking training
each calendar year consistent with the guidelines
established in section 210.1505. The provisions of this
66,000,000 to 85,999,999 41,000
86,000,000 to 99,999,999 43,000
100,000,000 to 130,999,999 45,000
131,000,000 to 159,999,999 47,000
160,000,000 to 189,999,999 49,000
190,000,000 to 249,999,999 51,000
250,000,000 to 299,999,999 53,000
300,000,000 or more 55,000
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subdivision shall become effective on January 1, 2027, and
shall expire on December 31, 2031.
3. Each calendar year, five thousand dollars of the
salary shall be payable to any prosecuting attorney only if
the prosecuting attorney has collected the data described in
subsection 2 of section 56.750 in a manner approved by the
prosecutors coordinators training council and makes the data
described in subsection 2 of section 56.750 readily
accessible to the Missouri office of prosecution services.
The Missouri office of prosecution services shall provide a
certificate of compliance to each prosecuting attorney who
complies with this subsection and shall send a list of any
certified prosecuting attorney to the respective treasurer
of each county or city not within a county.
4. For each calendar year, three thousand dollars of
the salary shall be payable to any prosecuting attorney only
if the prosecuting attorney has provided discovery to
criminal defense attorneys who have entered an appearance on
behalf of a defendant in a manner approved by the
prosecutors coordinators training council. The Missouri
office of prosecution services shall provide a certificate
of compliance to each prosecuting attorney who complies with
this subsection and shall send a list of any certified
prosecuting attorney to the respective treasurer of each
county or city not within a county.
5. As used in this section, the term "prosecuting
attorney" includes the circuit attorney of any city not
within a county.
6. The prosecuting attorney of any county which
becomes a county of the first classification during a four-
year term of office or a county which passed the proposition
authorized by subsection 1 of section 56.363 shall not be
required to devote full time to such office pursuant to
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section 56.067 until the beginning of the prosecuting
attorney's next term of office or until the proposition
otherwise becomes effective.
7. The provisions of section 56.066 shall not apply to
full-time prosecutors who are compensated pursuant to
subdivision (1) of subsection 1 of this section.
67.2540. As used in sections 67.2540 to 67.2556, the
following terms mean:
(1) "Adult cabaret", a nightclub, bar, restaurant, or
similar establishment in which persons regularly appear in a
state of nudity, as defined in section 573.500, or
seminudity in the performance of their duties;
(2) "Employee", a person who is at least twenty-one
years of age and who performs any service on the premises of
a sexually oriented business on a full-time, part-time, or
contract basis, whether or not the person is denominated an
employee, independent contractor, agent, or otherwise, and
whether or not said person is paid a salary, wage, or other
compensation by the operator of said business. The term
employee does not include a person exclusively on the
premises for repair or maintenance of the premises or
equipment on the premises, or for the delivery of goods to
the premises;
(3) "Nudity" or a "state of nudity", the showing of
the human male or female genitals, pubic area, vulva, anus,
anal cleft or anal cleavage with less than a fully opaque
covering, the showing of the female breast with less than a
fully opaque covering of any part of the nipple, or the
showing of the covered male genitals in a discernibly turgid
state;
(4) "Nuisance", any place in or upon which lewdness,
assignation, or prostitution is conducted, permitted,
continued, or exists, or any place, in or upon which lewd,
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indecent, lascivious, or obscene films, or films designed to
be projected for exhibition, are photographed, manufactured,
developed, screened, exhibited, or otherwise prepared or
shown, and the personal property and contents used in
conducting and maintaining any such place for any such
purpose. The provisions of this section shall not affect
any newspaper, magazine, or other publication entered as
second class matter by the post office department;
(5) "Person", an individual, proprietorship,
partnership, corporation, association, or other legal entity;
(6) "Seminude" or in a "seminude condition", a state
of dress in which opaque clothing fails to cover the
genitals, anus, anal cleft or cleavage, pubic area, vulva,
nipple and areola of the female breast below a horizontal
line across the top of the areola at its highest point.
Seminudity shall include the entire lower portion of the
female breast, but shall not include any portion of the
cleavage of the human female breast exhibited by wearing
apparel provided the areola is not exposed in whole or part;
(7) "Sexually oriented business", an adult cabaret or
any business which offers its patrons goods of which a
substantial or significant portion are sexually oriented
material. It shall be presumed that a business that derives
thirty percent or less of its revenue from sexually oriented
materials is presumed not to be a sexually oriented
business. No building, premises, structure, or other
facility that contains any sexually oriented business shall
contain any other kind of sexually oriented business;
(8) "Sexually oriented materials", any pictorial or
three-dimensional material, or film, motion picture, DVD,
video cassette, or similar photographic reproduction, that
depicts nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse, as defined in section 573.010;
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(9) "Specified criminal activity" includes the
following offenses:
(a) Prostitution or promotion of prostitution;
dissemination of obscenity; sale, distribution, or display
of harmful material to a minor; sexual performance by a
child; possession or distribution of child pornography as it
existed prior to August 28, 2026; possession or distribution
of child sexual abuse material; public lewdness; indecent
exposure; indecency with a child; engaging in organized
criminal activity; sexual assault; molestation of a child;
gambling prohibited under Missouri law; or distribution of a
controlled substance; or any similar offenses described in
this subdivision under the criminal or penal code of other
states or countries;
(b) For which:
a. Less than two years have elapsed since the date of
conviction or the date of release from confinement imposed
for the conviction, whichever is the later date, if the
conviction is of a misdemeanor offense;
b. Less than five years have elapsed since the date of
conviction or the date of release from confinement for the
conviction, whichever is the later date, if the conviction
is of a felony offense; or
c. Less than five years have elapsed since the date of
the last conviction or the date of release from confinement
for the last conviction, whichever is the later date, if the
convictions are of two or more misdemeanor offenses or
combination of misdemeanor offenses occurring within any
twenty-four-month period;
(c) The fact that a conviction is being appealed shall
not prevent a sexually oriented business from being
considered a nuisance and closed under section 67.2546;
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(10) "Specified sexual activities" includes the
following acts:
(a) The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or female breasts;
(b) Sex acts, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
(c) Excretory functions as part of or in connection
with any of the activities set forth in this subdivision.
168.071. 1. The state board of education may refuse
to issue or renew a certificate, or may, upon hearing,
discipline the holder of a certificate of license to teach
for the following causes:
(1) A certificate holder or applicant for a
certificate has pleaded to or been found guilty of a felony
or crime involving moral turpitude under the laws of this
state, any other state, of the United States, or any other
country, whether or not sentence is imposed;
(2) The certification was obtained through use of
fraud, deception, misrepresentation or bribery;
(3) There is evidence of incompetence, immorality, or
neglect of duty by the certificate holder;
(4) A certificate holder has been subject to
disciplinary action relating to certification issued by
another state, territory, federal agency, or country upon
grounds for which discipline is authorized in this section;
or
(5) If charges are filed by the local board of
education, based upon the annulling of a written contract
with the local board of education, for reasons other than
election to the general assembly, without the consent of the
majority of the members of the board that is a party to the
contract.
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2. A public school district may file charges seeking
the discipline of a holder of a certificate of license to
teach based upon any cause or combination of causes outlined
in subsection 1 of this section, including annulment of a
written contract. Charges shall be in writing, specify the
basis for the charges, and be signed by the chief
administrative officer of the district, or by the president
of the board of education as authorized by a majority of the
board of education. The board of education may also
petition the office of the attorney general to file charges
on behalf of the school district for any cause other than
annulment of contract, with acceptance of the petition at
the discretion of the attorney general.
3. The department of elementary and secondary
education may file charges seeking the discipline of a
holder of a certificate of license to teach based upon any
cause or combination of causes outlined in subsection 1 of
this section, other than annulment of contract. Charges
shall be in writing, specify the basis for the charges, and
be signed by legal counsel representing the department of
elementary and secondary education.
4. If the underlying conduct or actions which are the
basis for charges filed pursuant to this section are also
the subject of a pending criminal charge against the person
holding such certificate, the certificate holder may
request, in writing, a delayed hearing on advice of counsel
under the fifth amendment of the Constitution of the United
States. Based upon such a request, no hearing shall be held
until after a trial has been completed on this criminal
charge.
5. The certificate holder shall be given not less than
thirty days' notice of any hearing held pursuant to this
section.
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6. Other provisions of this section notwithstanding,
the certificate of license to teach shall be revoked or, in
the case of an applicant, a certificate shall not be issued,
if the certificate holder or applicant has been found guilty
of any of the following offenses established pursuant to
Missouri law or offenses of a similar nature established
under the laws of Missouri prior to January 1, 2017, any
other state or of the United States, or any other country,
whether or not the sentence is imposed:
(1) Any dangerous felony as defined in section
556.061, or murder in the first degree under section 565.020;
(2) Any of the following sexual offenses: rape in the
first degree under section 566.030; forcible rape; rape;
statutory rape in the first degree under section 566.032;
statutory rape in the second degree under section 566.034;
rape in the second degree under section 566.031; sexual
assault under section 566.040 as it existed prior to August
28, 2013; sodomy in the first degree under section 566.060;
forcible sodomy under section 566.060 as it existed prior to
August 28, 2013; sodomy as it existed prior to January 1,
1995; statutory sodomy in the first degree under section
566.062; statutory sodomy in the second degree under section
566.064; child molestation in the first degree; child
molestation in the second degree; child molestation in the
third degree under section 566.069; child molestation in the
fourth degree under section 566.071; sodomy in the second
degree under section 566.061; deviate sexual assault under
section 566.070 as it existed prior to August 28, 2013;
sexual misconduct involving a child under section 566.083;
sexual contact with a student under section 566.086; sexual
misconduct in the first degree under section 566.093; sexual
misconduct in the first degree under section 566.090 as it
existed prior to August 28, 2013; sexual misconduct in the
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second degree under section 566.095; sexual misconduct in
the second degree under section 566.093 as it existed prior
to August 28, 2013; sexual misconduct in the third degree
under section 566.095 as it existed prior to August 28,
2013; sexual abuse in the first degree under section
566.100; sexual abuse under section 566.100 as it existed
prior to August 28, 2013; sexual abuse in the second degree
under section 566.101; enticement of a child under section
566.151; or attempting to entice a child;
(3) Any of the following offenses against the family
and related offenses: incest under section 568.020;
abandonment of child in the first degree under section
568.030; abandonment of child in the second degree under
section 568.032; endangering the welfare of a child in the
first degree under section 568.045; abuse of a child under
section 568.060; child used in a sexual performance;
promoting sexual performance by a child; or trafficking in
children under section 568.175; and
(4) Any of the following offenses involving child
pornography as it existed prior to August 28, 2026, or child
sexual abuse material and related offenses: promoting
obscenity in the first degree under section 573.020;
promoting pornography for minors or obscenity in the second
degree when the penalty is enhanced to a class E felony
under section 573.030; promoting child pornography in the
first degree under section 573.025 as it existed prior to
August 28, 2026; promoting child sexual abuse material in
the first degree under section 573.025; promoting child
pornography in the second degree under section 573.035 as it
existed prior to August 28, 2026; promoting child sexual
abuse material in the second degree under section 573.035;
possession of child pornography under section 573.037 as it
existed prior to August 28, 2026; possession of child sexual
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abuse material under section 573.037; furnishing
pornographic materials to minors under section 573.040; or
coercing acceptance of obscene material under section
573.065.
7. When a certificate holder is found guilty of any
offense that would authorize the state board of education to
seek discipline against that holder's certificate of license
to teach, the local board of education or the department of
elementary and secondary education shall immediately provide
written notice to the state board of education and the
attorney general regarding the finding of guilt.
8. The certificate holder whose certificate was
revoked pursuant to subsection 6 of this section may appeal
such revocation to the state board of education. Notice of
this appeal must be received by the commissioner of
education within ninety days of notice of revocation
pursuant to this subsection. Failure of the certificate
holder to notify the commissioner of the intent to appeal
waives all rights to appeal the revocation. Upon notice of
the certificate holder's intent to appeal, an appeal hearing
shall be held by a hearing officer designated by the
commissioner of education, with the final decision made by
the state board of education, based upon the record of that
hearing. The certificate holder shall be given not less
than thirty days' notice of the hearing, and an opportunity
to be heard by the hearing officer, together with witnesses.
9. In the case of any certificate holder who has
surrendered or failed to renew his or her certificate of
license to teach, the state board of education may refuse to
issue or renew, or may suspend or revoke, such certificate
for any of the reasons contained in this section.
10. In those cases where the charges filed pursuant to
this section are based upon an allegation of misconduct
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involving a minor child, the hearing officer may accept into
the record the sworn testimony of the minor child relating
to the misconduct received in any court or administrative
hearing.
11. Hearings, appeals or other matters involving
certificate holders, licensees or applicants pursuant to
this section may be informally resolved by consent agreement
or agreed settlement or voluntary surrender of the
certificate of license pursuant to the rules promulgated by
the state board of education.
12. The final decision of the state board of education
is subject to judicial review pursuant to sections 536.100
to 536.140.
13. A certificate of license to teach to an individual
who has been convicted of a felony or crime involving moral
turpitude, whether or not sentence is imposed, shall be
issued only upon motion of the state board of education
adopted by a unanimous affirmative vote of those members
present and voting.
190.142. 1. (1) For applications submitted before
the recognition of EMS personnel licensure interstate
compact under sections 190.900 to 190.939 takes effect, the
department shall, within a reasonable time after receipt of
an application, cause such investigation as it deems
necessary to be made of the applicant for an emergency
medical technician's license.
(2) For applications submitted after the recognition
of EMS personnel licensure interstate compact under sections
190.900 to 190.939 takes effect, an applicant for initial
licensure as an emergency medical technician in this state
shall submit to a background check by the Missouri state
highway patrol and the Federal Bureau of Investigation
through a process approved by the department of health and
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senior services. Such processes may include the use of
vendors or systems administered by the Missouri state
highway patrol. The department may share the results of
such a criminal background check with any emergency services
licensing agency in any member state, as that term is
defined under section 190.900, in recognition of the EMS
personnel licensure interstate compact. The department
shall not issue a license until the department receives the
results of an applicant's criminal background check from the
Missouri state highway patrol and the Federal Bureau of
Investigation, but, notwithstanding this subsection, the
department may issue a temporary license as provided under
section 190.143. Any fees due for a criminal background
check shall be paid by the applicant.
(3) The director may authorize investigations into
criminal records in other states for any applicant.
2. The department shall issue a license to all levels
of emergency medical technicians, for a period of five
years, if the applicant meets the requirements established
pursuant to sections 190.001 to 190.245 and the rules
adopted by the department pursuant to sections 190.001 to
190.245. The department may promulgate rules relating to
the requirements for an emergency medical technician
including but not limited to:
(1) Age requirements;
(2) Emergency medical technician and paramedic
education and training requirements based on respective
National Emergency Medical Services Education Standards and
any modification to such curricula specified by the
department through rules adopted pursuant to sections
190.001 to 190.245;
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(3) Paramedic accreditation requirements. Paramedic
training programs shall be accredited as required by the
National Registry of Emergency Medical Technicians;
(4) Initial licensure testing requirements. Initial
paramedic licensure testing shall be through the national
registry of EMTs;
(5) (a) Continuing education and relicensure
requirements.
(b) a. The department shall require each emergency
medical technician and each advanced emergency medical
technician, including each paramedic, to receive the
following training as part of the continuing education
requirements for relicensure:
(i) Any licensee who submits an application for
relicensure before January 1, 2028, shall have completed one
hour of sex and human trafficking training, consistent with
the guidelines established in section 210.1505, before such
submission;
(ii) Any licensee who submits an application for
relicensure after December 31, 2027, and before January 1,
2029, shall have completed two hours of sex and human
trafficking training, consistent with the guidelines
established in section 210.1505, before such submission;
(iii) Any licensee who submits an application for
relicensure after December 31, 2028, and before January 1,
2030, shall have completed three hours of sex and human
trafficking training, consistent with the guidelines
established in section 210.1505, before such submission; and
(iv) Any licensee who submits an application for
relicensure after December 31, 2029, and before January 1,
2031, shall have completed four hours of sex and human
trafficking training, consistent with the guidelines
established in section 210.1505, before such submission.
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b. The provisions of this paragraph shall become
effective on January 1, 2027, and shall expire on December
31, 2031; and
(6) Ability to speak, read and write the English
language.
3. Application for all levels of emergency medical
technician license shall be made upon such forms as
prescribed by the department in rules adopted pursuant to
sections 190.001 to 190.245. The application form shall
contain such information as the department deems necessary
to make a determination as to whether the emergency medical
technician meets all the requirements of sections 190.001 to
190.245 and rules promulgated pursuant to sections 190.001
to 190.245.
4. All levels of emergency medical technicians may
perform only that patient care which is:
(1) Consistent with the training, education and
experience of the particular emergency medical technician;
and
(2) Ordered by a physician or set forth in protocols
approved by the medical director.
5. No person shall hold themselves out as an emergency
medical technician or provide the services of an emergency
medical technician unless such person is licensed by the
department.
6. Any rule or portion of a rule, as that term is
defined in section 536.010, that is created under the
authority delegated in this section shall become effective
only if it complies with and is subject to all of the
provisions of chapter 536 and, if applicable, section
536.028. This section and chapter 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 to review, to delay the effective
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date, or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28,
2002, shall be invalid and void.
210.1080. 1. As used in this section, the following
terms mean:
(1) "Child care provider", a person licensed,
regulated, or registered to provide child care within the
state of Missouri, including the member or members, manager
or managers, shareholder or shareholders, director or
directors, and officer or officers of any entity licensed,
regulated, or registered to provide child care within the
state of Missouri;
(2) "Child care staff member", a child care provider;
persons employed by the child care provider for
compensation, including contract employees or self-employed
individuals; individuals or volunteers whose activities
involve the care or supervision of children for a child care
provider or unsupervised access to children who are cared
for or supervised by a child care provider; individuals
residing in a home where child care is provided who are
eighteen years of age or older; or individuals residing in a
home where child care is provided who are under eighteen
years of age and have been certified as an adult for the
commission of an offense;
(3) "Criminal background check":
(a) A Federal Bureau of Investigation fingerprint
check;
(b) A search of the National Crime Information
Center's National Sex Offender Registry; and
(c) A search of the following registries,
repositories, or databases in Missouri, the state where the
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child care staff member resides, and each state where such
staff member resided during the preceding five years:
a. The state criminal registry or repository, with the
use of fingerprints being required in the state where the
staff member resides and optional in other states;
b. The state sex offender registry or repository; and
c. The state-based child abuse and neglect registry
and database;
(4) "Department", the department of elementary and
secondary education;
(5) "Qualifying result" or "qualifying criminal
background check", a finding that a child care staff member
or prospective child care staff member is eligible for
employment or presence in a child care setting described
under this section.
2. (1) Prior to the employment or presence of a child
care staff member in a licensed, license-exempt, or
unlicensed registered child care facility, the child care
provider shall request the results of a criminal background
check for such child care staff member from the department.
(2) A prospective child care staff member may begin
work for a child care provider after receiving the
qualifying result of either a Federal Bureau of
Investigation fingerprint check or a search of the Missouri
criminal registry or repository with the use of
fingerprints; however, pending completion of the criminal
background check, the prospective child care staff member
shall be supervised at all times by another child care staff
member who received a qualifying result on the criminal
background check within the past five years.
(3) Any individual who meets the definition of child
care provider but is not responsible for the oversight or
direction of the child care facility and does not have
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independent access to the child care facility shall not be
required to request the results of a criminal background
check under this section; however, such individual shall be
accompanied by an individual with a qualifying criminal
background check in order to be present at the child care
facility during child care hours.
3. The costs of the criminal background check shall be
the responsibility of the child care staff member, but may
be paid or reimbursed by the child care provider at the
provider's discretion. The fees charged for the criminal
background check shall not exceed the actual cost of
processing and administration.
4. Upon completion of the criminal background check,
any child care staff member or prospective child care staff
member shall be ineligible for employment or presence at a
licensed or license-exempt child care facility or an
unlicensed child care facility registered with the
department and shall be disqualified from receipt of state
or federal funds for providing child care services either by
direct payment or through reimbursement to an individual who
receives child care benefits if such person:
(1) Refuses to consent to the criminal background
check as required by this section;
(2) Knowingly makes a materially false statement in
connection with the criminal background check as required by
this section;
(3) Is registered, or is required to be registered, on
a state sex offender registry or repository or the National
Sex Offender Registry;
(4) Is listed as a perpetrator of child abuse or
neglect under sections 210.109 to 210.183 or any other
finding of child abuse or neglect based on any other state's
registry or database; or
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(5) Has pled guilty or nolo contendere to or been
found guilty of:
(a) Any felony for an offense against the person as
defined in chapter 565;
(b) Any other offense against the person involving the
endangerment of a child as prescribed by law;
(c) Any misdemeanor or felony for a sexual offense as
defined in chapter 566;
(d) Any misdemeanor or felony for an offense against
the family as defined in chapter 568;
(e) Burglary in the first degree as defined in 569.160;
(f) Any misdemeanor or felony for robbery as defined
in chapter 570;
(g) Any misdemeanor or felony for pornography or
related offense as defined in chapter 573;
(h) Any felony for arson as defined in chapter 569;
(i) Any felony for armed criminal action as defined in
section 571.015, unlawful use of a weapon as defined in
section 571.030, unlawful possession of a firearm as defined
in section 571.070, or the unlawful possession of an
explosive as defined in section 571.072;
(j) Any felony for making a terrorist threat as
defined in section 574.115, 574.120, or 574.125;
(k) A felony drug-related offense committed during the
preceding five years; or
(l) Any similar offense in any federal, state,
municipal, or other court of similar jurisdiction of which
the department has knowledge.
5. Household members eighteen years of age or older,
or household members under eighteen years of age who have
been certified as an adult for the commission of an offense,
shall be ineligible to maintain a presence at a home where
child care is provided during child care hours if any one or
21
more of the provisions of subsection 4 of this section apply
to such members.
6. A child care provider may also be disqualified from
receipt of state or federal funds for providing child care
services either by direct payment or through reimbursement
to an individual who receives child care benefits if such
person, or any person eighteen years of age or older
residing in the household in which child care is being
provided, excluding child care provided in the child's home,
has been refused licensure or has experienced licensure
suspension or revocation under section 210.221 or 210.496.
7. A child care provider shall not be required to
submit a request for a criminal background check under this
section for a child care staff member if:
(1) The staff member received a qualifying criminal
background check within five years before the latest date on
which such a submission may be made and while employed by or
seeking employment by another child care provider within
Missouri;
(2) The departments of elementary and secondary
education, health and senior services, or [of] social
services provided to the first provider a qualifying
criminal background check result, consistent with this
section, for the staff member; and
(3) The staff member is employed by a child care
provider within Missouri or has been separated from
employment from a child care provider within Missouri for a
period of not more than one hundred eighty consecutive days.
8. (1) The department shall process the request for a
criminal background check for any prospective child care
staff member or child care staff member as expeditiously as
possible, but not to exceed forty-five days after the date
on which the provider submitted the request.
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(2) The department shall provide the results of the
criminal background check to the child care provider in a
statement that indicates whether the prospective child care
staff member or child care staff member is eligible or
ineligible for employment or presence at the child care
facility or receipt of state or federal funds for providing
child care services either by direct payment or through
reimbursement to an individual who receives child care
benefits. The department shall not reveal to the child care
provider any disqualifying crime or other related
information regarding the prospective child care staff
member or child care staff member.
(3) If such prospective child care staff member or
child care staff member is ineligible for employment or
presence at the child care facility, the department shall,
when providing the results of criminal background check,
include information related to each disqualifying crime or
other related information, in a report to such prospective
child care staff member or child care staff member, along
with information regarding the opportunity to appeal under
subsection 9 of this section.
(4) If a prospective child care provider or child care
provider has been denied state or federal funds by the
department for providing child care, he or she may appeal
such denial to the department pursuant to section 210.027.
9. (1) The prospective child care staff member or
child care staff member may appeal a finding of
ineligibility for employment or presence at a child care
facility in writing to the department to challenge the
accuracy or completeness of the information contained in his
or her criminal background check if his or her finding of
ineligibility is based on one or more of the following
offenses:
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(a) Murder, as described in 18 U.S.C. Section 1111;
(b) Felony child abuse or neglect;
(c) A felony crime against children, including child
pornography as it existed prior to August 28, 2026, or child
sexual abuse material;
(d) Felony spousal abuse;
(e) A felony crime involving rape or sexual assault;
(f) Felony kidnapping;
(g) Felony arson;
(h) Felony physical assault or battery;
(i) A violent misdemeanor offense committed as an
adult against a child, including the offense of child abuse,
child endangerment, or sexual assault, or a misdemeanor
offense involving child pornography as it existed prior to
August 28, 2026, or child sexual abuse material; or
(j) Any similar offense in any federal, state,
municipal, or other court.
(2) If a finding of ineligibility is based on an
offense not provided for in subdivision (1) of this
subsection, the prospective child care staff member or child
care staff member may appeal to challenge the accuracy or
completeness of the information contained in his or her
criminal background check or to offer information mitigating
the results and explaining why an eligibility exception
should be granted.
(3) The written appeal shall be filed with the
department within ten days from the mailing of the notice of
ineligibility. The department shall attempt to verify the
accuracy of the information challenged by the individual,
including making an effort to locate any missing disposition
information related to the disqualifying offense. After the
department verifies the accuracy of the information
challenged by the individual, the department shall make a
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final decision on the written appeal, and such decision
shall be made in a timely manner. Such decision shall be
considered a noncontested final agency decision by the
department, appealable under section 536.150. Such decision
shall be appealed within thirty days of the mailing of the
decision.
10. Nothing in this section shall prohibit the
department from requiring more frequent checks of the family
care safety registry established under section 210.903 or
the central registry for child abuse established under
section 210.109 in order to determine eligibility for
employment or presence at the child care facility or receipt
of state or federal funds for providing child care services
either by direct payment or through reimbursement to an
individual who receives child care benefits.
11. The department may adopt emergency rules to
implement the requirements of this section. Any rule or
portion of a rule, as that term is defined in section
536.010, that is created under the authority delegated in
this section shall become effective only if it complies with
and is subject to all of the provisions of chapter 536 and,
if applicable, section 536.028. This section and chapter
536 are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536 to review, to
delay the effective date, or to disapprove and annul a rule
are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after
August 28, 2018, shall be invalid and void.
12. The provisions of this section shall not apply to
any child care facility, as defined in section 210.201,
maintained or operated under the exclusive control of a
religious organization, as described in subdivision (17) of
subsection 1 of section 210.211, unless such facility is a
25
recipient of federal funds for providing care for children,
except for federal funds for those programs that meet the
requirements for participation in the Child and Adult Care
Food Program under 42 U.S.C. Section 1766.
210.1505. 1. There is hereby created the "Statewide
Council [on Sex] Against Adult Trafficking and the
Commercial Sexual Exploitation of Children" [to] within the
office of the attorney general to make recommendations for a
coordinated statewide effort against the trafficking of
adults and children within the state of Missouri. The
council shall consist of the following members:
(1) The following four members of the general assembly:
(a) Two members of the senate, with one member to be
appointed by the president pro tempore of the senate and one
member to be appointed by the minority floor leader of the
senate; and
(b) Two members of the house of representatives, with
one member to be appointed by the speaker of the house of
representatives and one member to be appointed by the
minority floor leader of the house of representatives;
(2) The director of the children's division or his or
her designee who is involved in anti-human trafficking
efforts or has knowledge or experience in human trafficking
investigations;
(3) The director of the department of public safety or
his or her designee who is involved in anti-human
trafficking efforts or has knowledge or experience in human
trafficking investigations;
(4) The director of the department of mental health or
his or her designee who is involved in anti-human
trafficking efforts or has knowledge or experience in human
trafficking investigations;
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(5) The director of the office of prosecution services
or his or her designee who is involved in anti-human
trafficking efforts or has knowledge or experience in human
trafficking investigations;
(6) The superintendent of the Missouri state highway
patrol or his or her designee who is involved in anti-human
trafficking efforts or has knowledge or experience in human
trafficking investigations;
(7) The executive director of the statewide network of
child advocacy organizations [specializing in the prevention
of child abuse or neglect] or his or her designee who is
involved in anti-human trafficking efforts or has knowledge
or experience in human trafficking investigations;
(8) The executive director of the statewide coalition
against domestic and sexual violence or his or her designee
who is involved in anti-human trafficking efforts or has
knowledge or experience in human trafficking investigations;
(9) The executive director of the Missouri Juvenile
Justice Association or his or her designee who is involved
in anti-human trafficking efforts or has knowledge or
experience in human trafficking investigations;
(10) The director of the attorney general's human
trafficking task force or his or her designee who is
involved in anti-human trafficking efforts or has knowledge
or experience in human trafficking investigations;
(11) [Two representatives from agencies providing
services to victims of child sex trafficking and sexual
exploitation who reflect the geographic diversity of the
state and who shall be appointed by the director of the
department of social services; and] A member of the Missouri
Hospital Association with experience and knowledge of human
trafficking;
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(12) A member of the judiciary with experience in
juvenile court, who shall be appointed by the chief justice
of the Missouri supreme court;
(13) The commissioner of the department of elementary
and secondary education or his or her designee;
(14) A designee from the governor's office;
(15) A member of the Missouri Sheriffs' Association or
a member of the Missouri Police Chiefs Association; and
(16) Any other nongovernmental organization deemed
necessary by the attorney general.
2. A majority of the members of the council shall
constitute a quorum. The council shall be created within
thirty days of August 28, 2026, and shall hold its first
meeting within thirty days after the council's creation [and
organize by selecting a chair and a vice chair]. The
council shall meet at [the call of the chair] least
quarterly. The council may create a subgroup to offer
recommendations on specific issues as deemed necessary.
3. [The council shall:
(1) Collect and analyze data relating to sex
trafficking and sexual exploitation of children, including
the number of reports made to the children's division under
section 210.115, any information obtained from phone calls
to the national sex trafficking hotline, the number of
reports made to law enforcement, arrests, prosecution rates,
and any other data important for any recommendations of the
council. State departments and council members shall
provide relevant data as requested by the council to fulfill
the council's duties; and
(2) Collect feedback from stakeholders, practitioners,
and leadership throughout the state in order to develop best
practices and procedures regarding the response to sex
trafficking and sexual exploitation of children, including
28
identification and assessment of victims; response and
treatment coordination and collaboration across systems;
trauma-informed, culturally competent victim-centered
services; training for professionals in all systems; and
investigating and prosecuting perpetrators.
4.] There shall be an executive director, who shall be
appointed by the attorney general, who shall fix his or her
compensation and provide for such other administrative
personnel as necessary within the limits of appropriations
provided in subsection 4 of this section. The executive
director shall serve under the supervision of the
[department of social services] attorney general, who shall
provide administrative support [to the council] and
necessary office space.
[5. On or before December 31, 2023, the council shall
submit a report of the council's activities to the governor
and general assembly and the joint committee on child abuse
and neglect under section 21.771. The report shall include
recommendations for priority needs and actions, including
statutory or regulatory changes relating to the response to
sex trafficking and sexual exploitation of children and
services for child victims.
6. The council shall expire on December 31, 2023.]
4. (1) There is hereby created in the state treasury
the "Commercial Sexual Exploitation of Children Education
and Awareness Fund", which shall consist of moneys
appropriated to it by the general assembly and any grants,
gifts, donations, and bequests. The state treasurer shall
be custodian of the fund. In accordance with sections
30.170 and 30.180, the state treasurer shall approve
disbursements as required by the attorney general. The fund
shall be a dedicated fund and, upon appropriation, moneys in
this fund shall be used to pay for the position of the
29
executive director and for administrative support of the
statewide council against adult trafficking and the
commercial exploitation of children, education and awareness
regarding human trafficking, and anti-trafficking efforts
throughout the state of Missouri.
(2) Notwithstanding the provisions of section 33.080
to the contrary, any moneys remaining in the fund at the end
of the biennium shall not revert to the credit of the
general revenue fund.
(3) The state treasurer shall invest moneys in the
fund in the same manner as other funds are invested. Any
interest and moneys earned on such investments shall be
credited to the fund.
5. There is hereby established the "Committee on Sex
and Human Trafficking Training" within the council.
6. The committee shall consist of the following
members:
(1) A representative of the attorney general's office
who is involved in the office's anti-trafficking efforts
appointed by the attorney general;
(2) A representative of the department of public
safety with experience in human trafficking investigations
appointed by the director of the department of public safety;
(3) A representative from a child advocacy center
appointed by the director of a statewide nonprofit
organization that advocates for the protection of children;
(4) A juvenile officer appointed by the chief justice
of the supreme court of Missouri;
(5) A representative from an agency providing victim
services appointed by the director of the department of
social services;
(6) A representative from a child abuse medical
resource center, as defined in section 334.950, appointed by
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the director of the department of health and senior
services; and
(7) The executive director of the Missouri office of
prosecution services or his or her designee.
7. The member who represents the attorney general's
office shall serve as chair of the committee.
8. Members of the committee shall serve without
compensation but may be reimbursed for actual expenses
necessary to the performance of their official duties for
the committee.
9. The committee shall annually evaluate, and
establish guidelines for, the sex and human trafficking
training required under sections 56.265, 190.142, 211.326,
337.618, and 590.050. The committee shall produce, and
distribute in a digital platform, training that meets its
guidelines. The committee may approve training produced by
other entities as consistent with its guidelines.
10. Any board, department, or agency that regulates
any profession for which sex and human trafficking training
is required as described in subsection 5 of this section may
provide such training. Funding for the training shall be
subject to appropriations.
11. The provisions of subsections 5 through 10 of this
section shall become effective on January 1, 2027, and shall
expire on December 31, 2031.
211.326. 1. The state courts administrator shall:
(1) Evaluate existing services by establishing
performance standards including performance standards for
juvenile courts receiving diversion funds;
(2) Develop standards for orientation training for all
new juvenile court professional personnel, including
juvenile officers, deputy juvenile officers and other
personnel deemed necessary by the state courts administrator;
31
(3) Develop standards for continuing education for
existing juvenile court professional personnel, including
juvenile officers, deputy juvenile officers and other
personnel deemed necessary by the state courts administrator;
(4) Develop a process to evaluate services and collect
relevant outcome data;
(5) Develop a standardized assessment form for
classifying juvenile offenders; and
(6) Develop guidelines for juvenile court judges to
use in determining the length of time a child may be
detained prior to informal adjustment or formal adjudication.
2. Standards, training and assessment forms developed
pursuant to subsection 1 of this section shall be developed
considering racial disparities in the juvenile justice
system.
3. Continuing education standards established under
subdivision (3) of subsection 1 of this section shall
include a requirement that each juvenile officer annually
complete one hour of sex and human trafficking training
consistent with the guidelines established in section
210.1505. The provisions of this subsection shall become
effective on January 1, 2027, and shall expire on December
31, 2031.
315.005. As used in sections 315.005 to [315.065]
315.081, unless the context clearly indicates otherwise, the
following terms mean:
(1) "Code", the standards relating to fire safety,
sanitation, electrical wiring, fuel-burning appliances,
plumbing, swimming pools and spas, sewage and waste
treatment and disposal as adopted by the department. The
department in its discretion, may incorporate, in whole or
in part, the standards or codes promulgated by the National
Fire Protection Association, Building Officials and Code
32
Administration International, Inc., Great Lakes Upper
Mississippi River Board of State Sanitary Engineers, and
American Society of Sanitary Engineers;
(2) "Department", the director of the department of
health and senior services or an agent of the director of
the department of health and senior services;
(3) "Guest room", any room or unit where sleeping
accommodations are regularly furnished to the public;
(4) "Human trafficking", the use of force, fraud, or
coercion to obtain some type of labor or commercial sex act
as defined in 22 U.S.C. Section 7102 and the commission of
an offense created by sections 566.200 to 566.223;
(5) "Human trafficking awareness training", training
established or approved by the department that includes, but
is not limited to, the following components:
(a) The definition of human trafficking and commercial
exploitation of children;
(b) Guidance on how to identify individuals at risk
for trafficking;
(c) Guidance on how to identify the signs of
trafficking and individuals potentially engaged in the act
of trafficking;
(d) Differences between labor and sex trafficking,
specific to the hotel sector;
(e) Guidance on the role of hospitality employees in
reporting and responding to human trafficking; and
(f) The contact information for the national human
trafficking hotline toll-free number and text line or
contact information for the local law enforcement agency;
(6) "Lodging establishment", any building, group of
buildings, structure, facility, place, or places of business
where five or more guest rooms are provided, which is owned,
maintained, or operated by any person and which is kept,
33
used, maintained, advertised or held out to the public for
hire which can be construed to be a hotel, motel, motor
hotel, apartment hotel, tourist court, resort, cabins,
tourist home, bunkhouse, dormitory, or other similar place
by whatever name called, and includes all such
accommodations operated for hire as lodging establishments
for either transient guests, permanent guests, or for both
transient and permanent guests;
[(5)] (7) "Owner", the person responsible for
obtaining a license from the department for operating the
lodging establishment;
[(6)] (8) "Permanent guest", any person who rents and
occupies a guest room in a lodging establishment for a
period of thirty-one days or more;
[(7)] (9) "Person", any individual, partnership,
corporation, association, organization, firm, or federal,
state, county, city, village, or municipal association or
corporation;
[(8)] (10) "Transient guest", any person who rents and
occupies a guest room in a lodging establishment for a
period of less than thirty-one days.
315.081. 1. Every employee of a lodging establishment
in this state shall be required to receive human trafficking
awareness training within one hundred eighty days of
employment, and after the first year of employment, annual
human trafficking awareness training not later than December
thirty-first.
2. Every operator of a lodging establishment in this
state shall implement procedures and adopt policies for the
reporting of suspected human trafficking to the National
Human Trafficking Hotline or to a local law enforcement
agency.
34
3. Any person who operates a lodging establishment
shall maintain records of employee or operator training.
Such records shall be kept on file by the operator of the
lodging establishment for the period during which the
employee is employed by the establishment, and for one year
after such employment ends. A lodging establishment shall
provide records to the department within a reasonable amount
of time, but no later than ten business days, after such
request is made in writing.
324.012. 1. This section shall be known and may be
cited as the "Fresh Start Act of 2020".
2. As used in this section, the following terms mean:
(1) "Criminal conviction", any conviction, finding of
guilt, plea of guilty, or plea of nolo contendere;
(2) "Licensing", any required training, education, or
fee to work in a specific occupation, profession, or
activity in the state;
(3) "Licensing authority", an agency, examining board,
credentialing board, or other office of the state with the
authority to impose occupational fees or licensing
requirements on any profession. For purposes of the
provisions of this section other than subsection 7 of this
section, the term "licensing authority" shall not include
the state board of education's licensure of teachers
pursuant to chapter 168, the Missouri state board of
accountant's licensure of accountants pursuant to chapter
326, the board of podiatric medicine's licensure of
podiatrists pursuant to chapter 330, the Missouri dental
board's licensure of dentists pursuant to chapter 332, the
state board of registration for the healing art's licensure
of physicians and surgeons pursuant to chapter 334, the
Missouri state board of nursing's licensure of nurses
pursuant to chapter 335, the board of pharmacy's licensure
35
of pharmacists pursuant to chapter 338, the Missouri real
estate commission's licensure of real estate brokers, real
estate salespersons, or real estate broker-salespersons
pursuant to sections 339.010 to 339.205, the Missouri
veterinary medical board's licensure of veterinarian's
pursuant to chapter 340, the Missouri director of finance
appointed pursuant to chapter 361, or the peace officer
standards and training commission's licensure of peace
officers or other law enforcement personnel pursuant to
chapter 590;
(4) "Political subdivision", a city, town, village,
municipality, or county.
3. Notwithstanding any other provision of law,
beginning January 1, 2021, no person shall be disqualified
by a state licensing authority from pursuing, practicing, or
engaging in any occupation for which a license is required
solely or in part because of a prior conviction of a crime
in this state or another state, unless the criminal
conviction directly relates to the duties and
responsibilities for the licensed occupation as set forth in
this section or is violent or sexual in nature.
4. Beginning August 28, 2020, applicants for
examination of licensure who have pleaded guilty to, entered
a plea of nolo contendere to, or been found guilty of any of
the following offenses or offenses of a similar nature
established under the laws of this state, any other state,
United States, or any other country, notwithstanding whether
sentence is imposed, shall be considered by state licensing
authorities to have committed a criminal offense that
directly relates to the duties and responsibilities of a
licensed profession:
(1) Any murder in the first degree, or dangerous
felony as defined under section 556.061 excluding an
36
intoxication-related traffic offense or intoxication-related
boating offense if the person is found to be a habitual
offender or habitual boating offender as such terms are
defined in section 577.001;
(2) Any of the following sexual offenses: rape in the
first degree, forcible rape, rape, statutory rape in the
first degree, statutory rape in the second degree, rape in
the second degree, sexual assault, sodomy in the first
degree, forcible sodomy, statutory sodomy in the first
degree, statutory sodomy in the second degree, child
molestation in the first degree, child molestation in the
second degree, sodomy in the second degree, deviate sexual
assault, sexual misconduct involving a child, sexual
misconduct in the first degree under section 566.090 as it
existed prior to August 28, 2013, sexual abuse under section
566.100 as it existed prior to August 28, 2013, sexual abuse
in the first or second degree, enticement of a child, or
attempting to entice a child;
(3) Any of the following offenses against the family
and related offenses: incest, abandonment of a child in the
first degree, abandonment of a child in the second degree,
endangering the welfare of a child in the first degree,
abuse of a child, using a child in a sexual performance,
promoting sexual performance by a child, or trafficking in
children; and
(4) Any of the following offenses involving child
pornography as it existed prior to August 28, 2026, or child
sexual abuse material and related offenses: promoting
obscenity in the first degree, promoting obscenity in the
second degree when the penalty is enhanced to a class E
felony, promoting child pornography in the first degree as
it existed prior to August 28, 2026, promoting child sexual
abuse material in the first degree, promoting child
37
pornography in the second degree as it existed prior to
August 28, 2026, promoting child sexual abuse material in
the second degree, possession of child pornography in the
first degree as it existed prior to August 28, 2026,
possession of child sexual abuse material in the first
degree, possession of child pornography in the second degree
as it existed prior to August 28, 2026, possession of child
sexual abuse material in the second degree, furnishing child
pornography to a minor as it existed prior to August 28,
2026, furnishing child sexual abuse material to a minor,
furnishing pornographic materials to minors, or coercing
acceptance of obscene material;
(5) The offense of delivery of a controlled substance,
as provided in section 579.020, may be a disqualifying
criminal offense for the following occupations: real estate
appraisers and appraisal management companies, licensed
pursuant to sections 339.500 to 339.549; and nursing home
administrators, licensed pursuant to chapter 344; and
(6) Any offense an essential element of which is fraud
may be a disqualifying criminal offense for the following
occupations: private investigators, licensed pursuant to
sections 324.1100 to 324.1148; accountants, licensed
pursuant to chapter 326; architects, licensed pursuant to
sections 327.091 to 327.172; engineers, licensed pursuant to
sections 327.181 to 327.271; land surveyors, licensed
pursuant to sections 327.272 to 327.371; landscape
architects, licensed pursuant to sections 327.600 to
327.635; chiropractors, licensed pursuant to chapter 331;
embalmers and funeral directors, licensed pursuant to
chapter 333; real estate appraisers and appraisal management
companies, licensed pursuant to sections 339.500 to 339.549;
and nursing home administrators, licensed pursuant to
chapter 344.
38
5. If an individual is charged with any of the crimes
set forth in subsection 4 of this section, and is convicted,
pleads guilty to, or is found guilty of a lesser-included
offense and is sentenced to a period of incarceration, such
conviction shall only be considered by state licensing
authorities as a criminal offense that directly relates to
the duties and responsibilities of a licensed profession for
four years, beginning on the date such individual is
released from incarceration.
6. (1) The licensing authority shall determine
whether an applicant with a criminal conviction will be
denied a license based on the following factors:
(a) The nature and seriousness of the crime for which
the individual was convicted;
(b) The passage of time since the commission of the
crime, including consideration of the factors listed under
subdivision (2) of this subsection;
(c) The relationship of the crime to the ability,
capacity, and fitness required to perform the duties and
discharge the responsibilities of the occupation; and
(d) Any evidence of rehabilitation or treatment
undertaken by the individual that might mitigate against a
direct relation.
(2) If an individual has a valid criminal conviction
for a criminal offense that could disqualify the individual
from receiving a license, the disqualification shall not
apply to an individual who has been exonerated for a crime
for which he or she has previously been convicted of or
incarcerated.
7. An individual with a criminal record may petition a
licensing authority at any time for a determination of
whether the individual's criminal record will disqualify the
individual from obtaining a license. This petition shall
39
include details on the individual's criminal record. The
licensing authority shall inform the individual of his or
her standing within thirty days after the licensing
authority has met, but in no event more than four months
after receiving the petition from the applicant. The
decision shall be binding, unless the individual has
subsequent criminal convictions or failed to disclose
information in his or her petition. If the decision is that
the individual is disqualified, the individual shall be
notified in writing of the grounds and reasons for
disqualification. The licensing authority may charge a fee
by rule to recoup its costs as set by rulemaking authority
not to exceed twenty-five dollars for each petition.
8. (1) If a licensing authority denies an individual
a license solely or in part because of the individual's
prior conviction of a crime, the licensing authority shall
notify the individual in writing of the following:
(a) The grounds and reasons for the denial or
disqualification;
(b) That the individual has the right to a hearing as
provided by chapter 621 to challenge the licensing
authority's decision;
(c) The earliest date the person may reapply for a
license; and
(d) That evidence of rehabilitation may be considered
upon reapplication.
(2) Any written determination by the licensing
authority that an applicant's criminal conviction is a
specifically listed disqualifying conviction and is directly
related to the duties and responsibilities for the licensed
occupation shall be documented with written findings for
each of the grounds or reasons under paragraph (a) of
40
subdivision (1) of this subsection by clear and convincing
evidence sufficient for a reviewing court.
(3) In any administrative hearing or civil litigation
authorized under this subsection, the licensing authority
shall carry the burden of proof on the question of whether
the applicant's criminal conviction directly relates to the
occupation for which the license is sought.
9. The provisions of this section shall apply to any
profession for which an occupational license is issued in
this state, including any new occupational license created
by a state licensing authority after August 28, 2020.
Notwithstanding any other provision of law, political
subdivisions shall be prohibited from creating any new
occupational licenses after August 28, 2020. The provisions
of this section shall not apply to business licenses, where
the terms "occupational licenses" and "business licenses"
are used interchangeably in a city or county charter
definition.
324.035. 1. No board, commission, or committee within
the division of professional registration shall utilize
occupational fees, or any other fees associated with
licensing requirements, or contract or partner with any
outside vendor or agency for the purpose of offering
continuing education classes unless the continuing education
program is approved by the director of the division of
professional registration and is available to all licensees
of the board, commission, or committee.
2. Nothing in this section shall be construed to
preclude a board, commission, or committee within the
division of professional registration from utilizing
occupational licensure fees for the purpose of participating
in conferences, seminars, or other outreach for the purpose
41
of communicating information to licensees with respect to
changes in policy, law, or regulations.
329.050. 1. Applicants for examination or licensure
pursuant to this chapter shall possess the following
qualifications:
(1) They shall provide documentation of successful
completion of courses approved by the board, have an
education equivalent to the successful completion of the
tenth grade, and be at least seventeen years of age;
(2) If the applicants are apprentices, they shall have
served and completed, as an apprentice under the supervision
of a licensed cosmetologist, the time and studies required
by the board which shall be no less than three thousand
hours for cosmetologists, and no less than eight hundred
hours for manicurists and no less than fifteen hundred hours
for esthetics. However, when the classified occupation of
manicurist is apprenticed in conjunction with the classified
occupation of cosmetologist, the apprentice shall be
required to successfully complete an apprenticeship of no
less than a total of three thousand hours;
(3) If the applicants are students, they shall have
had the required time in a licensed school of no less than
one thousand five hundred hours training or the credit hours
determined by the formula in Subpart A of Part 668 of
Section 668.8 of Title 34 of the Code of Federal
Regulations, as amended, for the classification of
cosmetologist, with the exception of public vocational
technical schools in which a student shall complete no less
than one thousand two hundred twenty hours training. All
students shall complete no less than four hundred hours or
the credit hours determined by the formula in Subpart A of
Part 668 of Section 668.8 of Title 34 of the Code of Federal
Regulations, as amended, for the classification of
42
manicurist. All students shall complete no less than seven
hundred fifty hours or the credit hours determined by the
formula in Subpart A of Part 668 of Section 668.8 of Title
34 of the Code of Federal Regulations, as amended, for the
classification of esthetician. However, when the classified
occupation of manicurist is taken in conjunction with the
classified occupation of cosmetologist, the student shall
not be required to serve the extra four hundred hours or the
credit hours determined by the formula in Subpart A of Part
668 of Section 668.8 of Title 34 of the Code of Federal
Regulations, as amended, otherwise required to include
manicuring of nails; and
(4) They shall have passed an examination to the
satisfaction of the board.
2. A person may apply to take the examination required
by subsection 1 of this section if the person is a graduate
of a school of cosmetology or apprentice program in another
state or territory of the United States which has
substantially the same requirements as an educational
establishment licensed pursuant to this chapter. A person
may apply to take the examination required by subsection 1
of this section if the person is a graduate of an
educational establishment in a foreign country that provides
training for a classified occupation of cosmetology, as
defined by section 329.010, and has educational requirements
that are substantially the same requirements as an
educational establishment licensed under this chapter. The
board has sole discretion to determine the substantial
equivalency of such educational requirements. The board may
require that transcripts from foreign schools be submitted
for its review, and the board may require that the applicant
provide an approved English translation of such transcripts.
43
3. Each application shall contain a statement that,
subject to the penalties of making a false affidavit or
declaration, the application is made under oath or
affirmation and that its representations are true and
correct to the best knowledge and belief of the person
signing the application.
4. The sufficiency of the qualifications of applicants
shall be determined by the board, but the board may delegate
this authority to its executive director subject to such
provisions as the board may adopt.
5. Applications for examination or licensure may be
denied if the applicant has pleaded guilty to, entered a
plea of nolo contendere to, or been found guilty of any of
the following offenses or offenses of a similar nature
established under the laws of this state, any other state,
the United States, or any other country, notwithstanding
whether sentence is imposed:
(1) Any dangerous felony as defined under section
556.061 or murder in the first degree;
(2) Any of the following sexual offenses: rape in the
first degree, forcible rape, rape, statutory rape in the
first degree, statutory rape in the second degree, rape in
the second degree, sexual assault, sodomy in the first
degree, forcible sodomy, statutory sodomy in the first
degree, statutory sodomy in the second degree, child
molestation in the first degree, child molestation in the
second degree, sodomy in the second degree, deviate sexual
assault, sexual misconduct involving a child, sexual
misconduct in the first degree under section 566.090 as it
existed prior to August 28, 2013, sexual abuse under section
566.100 as it existed prior to August 28, 2013, sexual abuse
in the first or second degree, enticement of a child, or
attempting to entice a child;
44
(3) Any of the following offenses against the family
and related offenses: incest, abandonment of a child in the
first degree, abandonment of a child in the second degree,
endangering the welfare of a child in the first degree,
abuse of a child, using a child in a sexual performance,
promoting sexual performance by a child, or trafficking in
children; and
(4) Any of the following offenses involving child
pornography as it existed prior to August 28, 2026, or child
sexual abuse material and related offenses: promoting
obscenity in the first degree, promoting obscenity in the
second degree when the penalty is enhanced to a class E
felony, promoting child pornography in the first degree as
it existed prior to August 28, 2026, promoting child sexual
abuse material in the first degree, promoting child
pornography in the second degree as it existed prior to
August 28, 2026, promoting child sexual abuse material in
the second degree, possession of child pornography in the
first degree as it existed prior to August 28, 2026,
possession of child sexual abuse material in the first
degree, possession of child pornography in the second degree
as it existed prior to August 28, 2026, possession of child
sexual abuse material in the second degree, furnishing child
pornography to a minor as it existed prior to August 28,
2026, furnishing child sexual abuse material to a minor,
furnishing pornographic materials to minors, or coercing
acceptance of obscene material.
337.618. 1. Each license issued pursuant to the
provisions of sections 337.600 to 337.689 shall expire on a
renewal date established by the director. The term of
licensure shall be twenty-four months. The committee shall
require a minimum number of thirty clock hours of continuing
education for renewal of a license issued pursuant to
45
sections 337.600 to 337.689, including two hours of suicide
assessment, referral, treatment, and management training.
The committee shall renew any license upon application for a
renewal, completion of the required continuing education
hours and upon payment of the fee established by the
committee pursuant to the provisions of section 337.612. As
provided by rule, the board may waive or extend the time
requirements for completion of continuing education for
reasons related to health, military service, foreign
residency, or for other good cause. All requests for
waivers or extensions of time shall be made in writing and
submitted to the board before the renewal date.
2. The hours of continuing education required for
renewal of a license under this section shall include two
hours of sex and human trafficking training consistent with
the guidelines established in section 210.1505. The
provisions of this subsection shall become effective on
January 1, 2027, and shall expire on December 31, 2031.
339.100. 1. The commission may, upon its own motion,
and shall upon receipt of a written complaint filed by any
person, investigate any real estate-related activity of a
licensee licensed under sections 339.010 to 339.180 and
sections 339.710 to 339.860 or an individual or entity
acting as or representing themselves as a real estate
licensee. In conducting such investigation, if the
questioned activity or written complaint involves an
affiliated licensee, the commission may forward a copy of
the information received to the affiliated licensee's
designated broker. The commission shall have the power to
hold an investigatory hearing to determine whether there is
a probability of a violation of sections 339.010 to 339.180
and sections 339.710 to 339.860. The commission shall have
the power to issue a subpoena to compel the production of
46
records and papers bearing on the complaint. The commission
shall have the power to issue a subpoena and to compel any
person in this state to come before the commission to offer
testimony or any material specified in the subpoena.
Subpoenas and subpoenas duces tecum issued pursuant to this
section shall be served in the same manner as subpoenas in a
criminal case. The fees and mileage of witnesses shall be
the same as that allowed in the circuit court in civil cases.
2. The commission may cause a complaint to be filed
with the administrative hearing commission as provided by
the provisions of chapter 621 against any person or entity
licensed under this chapter or any licensee who has failed
to renew or has surrendered his or her individual or entity
license for any one or any combination of the following acts:
(1) Failure to maintain and deposit in a special
account, separate and apart from his or her personal or
other business accounts, all moneys belonging to others
entrusted to him or her while acting as a real estate broker
or as the temporary custodian of the funds of others, until
the transaction involved is consummated or terminated,
unless all parties having an interest in the funds have
agreed otherwise in writing;
(2) Making substantial misrepresentations or false
promises or suppression, concealment or omission of material
facts in the conduct of his or her business or pursuing a
flagrant and continued course of misrepresentation through
agents, salespersons, advertising or otherwise in any
transaction;
(3) Failing within a reasonable time to account for or
to remit any moneys, valuable documents or other property,
coming into his or her possession, which belongs to others;
(4) Representing to any lender, guaranteeing agency,
or any other interested party, either verbally or through
47
the preparation of false documents, an amount in excess of
the true and actual sale price of the real estate or terms
differing from those actually agreed upon;
(5) Failure to timely deliver a duplicate original of
any and all instruments to any party or parties executing
the same where the instruments have been prepared by the
licensee or under his or her supervision or are within his
or her control, including, but not limited to, the
instruments relating to the employment of the licensee or to
any matter pertaining to the consummation of a lease,
listing agreement or the purchase, sale, exchange or lease
of property, or any type of real estate transaction in which
he or she may participate as a licensee;
(6) Acting for more than one party in a transaction
without the knowledge of all parties for whom he or she
acts, or accepting a commission or valuable consideration
for services from more than one party in a real estate
transaction without the knowledge of all parties to the
transaction;
(7) Paying a commission or valuable consideration to
any person for acts or services performed in violation of
sections 339.010 to 339.180 and sections 339.710 to 339.860;
(8) Guaranteeing or having authorized or permitted any
licensee to guarantee future profits which may result from
the resale of real property;
(9) Having been finally adjudicated and been found
guilty of the violation of any state or federal statute
which governs the sale or rental of real property or the
conduct of the real estate business as defined in subsection
1 of section 339.010;
(10) Obtaining a certificate or registration of
authority, permit or license for himself or herself or
48
anyone else by false or fraudulent representation, fraud or
deceit;
(11) Representing a real estate broker other than the
broker with whom associated without the express written
consent of the broker with whom associated;
(12) Accepting a commission or valuable consideration
for the performance of any of the acts referred to in
section 339.010 from any person except the broker with whom
associated at the time the commission or valuable
consideration was earned;
(13) Using prizes, money, gifts or other valuable
consideration as inducement to secure customers or clients
to purchase, lease, sell or list property when the awarding
of such prizes, money, gifts or other valuable consideration
is conditioned upon the purchase, lease, sale or listing; or
soliciting, selling or offering for sale real property by
offering free lots, or conducting lotteries or contests, or
offering prizes for the purpose of influencing a purchaser
or prospective purchaser of real property;
(14) Placing a sign on or advertising any property
offering it for sale or rent without the written consent of
the owner or his or her duly authorized agent;
(15) Violation of, or attempting to violate, directly
or indirectly, or assisting or enabling any person to
violate, any provision of sections 339.010 to 339.180 and
sections 339.710 to 339.860, or of any lawful rule adopted
pursuant to sections 339.010 to 339.180 and sections 339.710
to 339.860;
(16) Committing any act which would otherwise be
grounds for the commission to refuse to issue a license
under section 339.040;
(17) Failure to timely inform seller of all written
offers unless otherwise instructed in writing by the seller;
49
(18) Been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a criminal
prosecution under the laws of this state or any other state
or of the United States, for any offense reasonably related
to the qualifications, functions or duties of any profession
licensed or regulated under this chapter, or for any offense
an essential element of which is fraud, dishonesty or an act
of violence, whether or not sentence is imposed;
(19) Any other conduct which constitutes
untrustworthy, improper or fraudulent business dealings,
demonstrates bad faith or incompetence, misconduct, or gross
negligence;
(20) Disciplinary action against the holder of a
license or other right to practice any profession regulated
under sections 339.010 to 339.180 and sections 339.710 to
339.860 granted by another state, territory, federal agency,
or country upon grounds for which revocation, suspension, or
probation is authorized in this state;
(21) Been found by a court of competent jurisdiction
of having used any controlled substance, as defined in
chapter 195, to the extent that such use impairs a person's
ability to perform the work of any profession licensed or
regulated by sections 339.010 to 339.180 and sections
339.710 to 339.860;
(22) Been finally adjudged insane or incompetent by a
court of competent jurisdiction;
(23) Assisting or enabling any person to practice or
offer to practice any profession licensed or regulated under
sections 339.010 to 339.180 and sections 339.710 to 339.860
who is not registered and currently eligible to practice
under sections 339.010 to 339.180 and sections 339.710 to
339.860;
(24) Use of any advertisement or solicitation which:
50
(a) Is knowingly false, misleading or deceptive to the
general public or persons to whom the advertisement or
solicitation is primarily directed; or
(b) Includes a name or team name that uses the terms
"realty", "brokerage", "company", or any other terms that
can be construed to advertise a real estate company other
than the licensee or a business entity licensed under this
chapter with whom the licensee is associated. The context
of the advertisement or solicitation may be considered by
the commission when determining whether a licensee has
committed a violation of this paragraph;
(25) Making any material misstatement,
misrepresentation, or omission with regard to any
application for licensure or license renewal. As used in
this section, "material" means important information about
which the commission should be informed and which may
influence a licensing decision;
(26) Engaging in, committing, or assisting any person
in engaging in or committing mortgage fraud, as defined in
section 443.930.
3. After the filing of such complaint, the proceedings
will be conducted in accordance with the provisions of law
relating to the administrative hearing commission. A
finding of the administrative hearing commissioner that the
licensee has performed or attempted to perform one or more
of the foregoing acts shall be grounds for the suspension or
revocation of his license by the commission, or the placing
of the licensee on probation on such terms and conditions as
the real estate commission shall deem appropriate, or the
imposition of a civil penalty by the commission not to
exceed two thousand five hundred dollars for each offense.
Each day of a continued violation shall constitute a
separate offense.
51
4. The commission may prepare a digest of the
decisions of the administrative hearing commission which
concern complaints against licensed brokers or salespersons
and cause such digests to be mailed to all licensees
periodically. Such digests may also contain reports as to
new or changed rules adopted by the commission and other
information of significance to licensees.
5. Notwithstanding other provisions of this section, a
broker or salesperson's license shall be revoked, or in the
case of an applicant, shall not be issued, if the licensee
or applicant has pleaded guilty to, entered a plea of nolo
contendere to, or been found guilty of any of the following
offenses or offenses of a similar nature established under
the laws of this, any other state, the United States, or any
other country, notwithstanding whether sentence is imposed:
(1) Any dangerous felony as defined under section
556.061 or murder in the first degree;
(2) Any of the following sexual offenses: rape in the
first degree, forcible rape, rape, statutory rape in the
first degree, statutory rape in the second degree, rape in
the second degree, sexual assault, sodomy in the first
degree, forcible sodomy, statutory sodomy in the first
degree, statutory sodomy in the second degree, child
molestation in the first degree, child molestation in the
second degree, sodomy in the second degree, deviate sexual
assault, sexual misconduct involving a child, sexual
misconduct in the first degree under section 566.090 as it
existed prior to August 28, 2013, sexual abuse under section
566.100 as it existed prior to August 28, 2013, sexual abuse
in the first or second degree, enticement of a child, or
attempting to entice a child;
(3) Any of the following offenses against the family
and related offenses: incest, abandonment of a child in the
52
first degree, abandonment of a child in the second degree,
endangering the welfare of a child in the first degree,
abuse of a child, using a child in a sexual performance,
promoting sexual performance by a child, or trafficking in
children;
(4) Any of the following offenses involving child
pornography as it existed prior to August 28, 2026, or child
sexual abuse material and related offenses: promoting
obscenity in the first degree, promoting obscenity in the
second degree when the penalty is enhanced to a class E
felony, promoting child pornography in the first degree as
it existed prior to August 28, 2026, promoting child sexual
abuse material in the first degree, promoting child
pornography in the second degree as it existed prior to
August 28, 2026, promoting child sexual abuse material in
the second degree, possession of child pornography in the
first degree as it existed prior to August 28, 2026,
possession of child sexual abuse material in the first
degree, possession of child pornography in the second degree
as it existed prior to August 28, 2026, possession of child
sexual abuse material in the second degree, furnishing child
pornography to a minor as it existed prior to August 28,
2026, furnishing child sexual abuse material to a minor,
furnishing pornographic materials to minors, or coercing
acceptance of obscene material; and
(5) Mortgage fraud as defined in section 570.310.
6. A person whose license was revoked under subsection
5 of this section may appeal such revocation to the
administrative hearing commission. Notice of such appeal
must be received by the administrative hearing commission
within ninety days of mailing, by certified mail, the notice
of revocation. Failure of a person whose license was
revoked to notify the administrative hearing commission of
53
his or her intent to appeal waives all rights to appeal the
revocation. Upon notice of such person's intent to appeal,
a hearing shall be held before the administrative hearing
commission.
537.054. 1. As used in this section, the following
terms mean:
(1) "Child sex trafficking", any act committed by the
defendant against the plaintiff that occurred when the
plaintiff was under eighteen years of age and that would
have been a violation of section 566.203, 566.206, 566.209,
566.210, 566.211, or 566.215;
(2) "Injury" or "illness", either a physical injury or
illness or a psychological injury or illness. A
psychological injury or illness need not be accompanied by
physical injury or illness.
2. Any action to recover damages from injury or
illness caused by child sex trafficking in an action brought
pursuant to this section shall be commenced within twenty
years of the plaintiff attaining twenty-one years of age or
within three years of the date the plaintiff discovers, or
reasonably should have discovered, that the injury or
illness was caused by child sex trafficking.
3. This section shall apply to any action commenced on
or after August 28, 2026.
542.301. 1. Property which comes into the custody of
an officer or of a court as the result of any seizure and
which has not been forfeited pursuant to any other
provisions of law or returned to the claimant shall be
disposed of as follows:
(1) Stolen property, or property acquired in any other
manner declared an offense by chapters 569 and 570, but not
including any of the property referred to in subdivision (2)
of this subsection, shall be delivered by order of court
54
upon claim having been made and established, to the person
who is entitled to possession:
(a) The claim shall be made by written motion filed
with the court with which a motion to suppress has been, or
may be, filed. The claim shall be barred if not made within
one year from the date of the seizure;
(b) Upon the filing of such motion, the judge shall
order notice to be given to all persons interested in the
property, including other claimants and the person from
whose possession the property was seized, of the time, place
and nature of the hearing to be held on the motion. The
notice shall be given in a manner reasonably calculated to
reach the attention of all interested persons. Notice may
be given to unknown persons and to persons whose address is
unknown by publication in a newspaper of general circulation
in the county. No property shall be delivered to any
claimant unless all interested persons have been given a
reasonable opportunity to appear and to be heard;
(c) After a hearing, the judge shall order the
property delivered to the person or persons entitled to
possession, if any. The judge may direct that delivery of
property required as evidence in a criminal proceeding shall
be postponed until the need no longer exists;
(d) A law enforcement officer having custody of seized
property may, at any time that seized property has ceased to
be useful as evidence, request that the prosecuting attorney
of the county in which property was seized file a motion
with the court of such county for the disposition of the
seized property. If the prosecuting attorney does not file
such motion within sixty days of the request by the law
enforcement officer having custody of the seized property,
then such officer may request that the attorney general file
a written motion with the circuit court of the county or
55
judicial district in which the seizure occurred. Upon
filing of the motion, the court shall issue an order
directing the disposition of the property. Such disposition
may, if the property is not claimed within one year from the
date of the seizure or if no one establishes a right to it,
and the seized property has ceased to be useful as evidence,
include a public sale of the property. Pursuant to a motion
properly filed and granted under this section, the proceeds
of any sale, less necessary expenses of preservation and
sale, shall be paid into the county treasury for the use of
the county. If the property is not salable, the judge may
order its destruction. Notwithstanding any other provision
of law, if no claim is filed within one year of the seizure
and no motion pursuant to this section is filed within six
months thereafter, and the seized property has ceased to be
useful as evidence, the property shall be deemed abandoned,
converted to cash and shall be turned over immediately to
the treasurer pursuant to section 447.543;
(e) If the property is a living animal or is
perishable, the judge may, at any time, order it sold at
public sale. The proceeds shall be held in lieu of the
property. A written description of the property sold shall
be filed with the judge making the order of sale so that the
claimant may identify the property. If the proceeds are not
claimed within the time limited for the claim of the
property, the proceeds shall be paid into the county
treasury. If the property is not salable, the judge may
order its destruction.
(2) Weapons, tools, devices, computers, computer
equipment, computer software, computer hardware, cellular
telephones, or other devices capable of accessing the
internet, and substances other than motor vehicles, aircraft
or watercraft, used by the owner or with the owner's consent
56
as a means for committing felonies other than the offense of
possessing burglary tools in violation of section 569.180,
and property, the possession of which is an offense under
the laws of this state or which has been used by the owner,
or used with the owner's acquiescence or consent, as a raw
material or as an instrument to manufacture, produce, or
distribute, or be used as a means of storage of anything the
possession of which is an offense under the laws of this
state, or which any statute authorizes or directs to be
seized, other than lawfully possessed weapons seized by an
officer incident to an arrest, shall be forfeited to the
state of Missouri.
2. The officer who has custody of the property shall
inform the prosecuting attorney of the fact of seizure and
of the nature of the property. The prosecuting attorney
shall thereupon file a written motion with the court with
which the motion to suppress has been, or may be, filed
praying for an order directing the forfeiture of the
property. If the prosecuting attorney of a county in which
property is seized fails to file a motion with the court for
the disposition of the seized property within sixty days of
the request by a law enforcement officer, the officer having
custody of the seized property may request the attorney
general to file a written motion with the circuit court of
the county or judicial district in which the seizure
occurred. Upon filing of the motion, the court shall issue
an order directing the disposition of the property. The
signed motion shall be returned to the requesting agency. A
motion may also be filed by any person claiming the right to
possession of the property praying that the court declare
the property not subject to forfeiture and order it
delivered to the moving party.
57
3. Upon the filing of a motion either by the
prosecuting attorney or by a claimant, the judge shall order
notice to be given to all persons interested in the
property, including the person out of whose possession the
property was seized and any lienors, of the time, place and
nature of the hearing to be held on the motion. The notice
shall be given in a manner reasonably calculated to reach
the attention of all interested persons. Notice may be
given to unknown persons and to persons of unknown address
by publication in a newspaper of general circulation in the
county. Every interested person shall be given a reasonable
opportunity to appear and to be heard as to the nature of
the person's claim to the property and upon the issue of
whether or not it is subject to forfeiture.
4. If the evidence is clear and convincing that the
property in issue is in fact of a kind subject to forfeiture
under this subsection, the judge shall declare it forfeited
and order its destruction or sale. The judge shall direct
that the destruction or sale of property needed as evidence
in a criminal proceeding shall be postponed until this need
no longer exists.
5. If the forfeited property can be put to a lawful
use, it may be ordered sold after any alterations which are
necessary to adapt it to a lawful use have been made. In
the case of computers, computer equipment, computer
software, computer hardware, cellular telephones, or other
devices capable of accessing the internet, or other devices
used in the acquisition, possession, or distribution of
child pornography as it existed prior to August 28, 2026,
child sexual abuse material, or obscene material, the law
enforcement agency in possession of such items may, upon
court order, retain possession of such property and convert
such property to the use of the law enforcement agency for
58
use in criminal investigations. If there is a holder of a
bona fide lien against property which has been used as a
means for committing an offense or which has been used as a
raw material or as an instrument to manufacture or produce
anything which is an offense to possess, who establishes
that the use was without the lienholder's acquiescence or
consent, the proceeds, less necessary expenses of
preservation and sale, shall be paid to the lienholder to
the amount of the lienholder's lien. The remaining amount
shall be paid into the county treasury.
6. If the property is perishable the judge may order
it sold at a public sale or destroyed, as may be
appropriate, prior to a hearing. The proceeds of a sale,
less necessary expenses of preservation and sale, shall be
held in lieu of the property.
7. When a warrant has been issued to search for and
seize allegedly obscene matter for forfeiture to the state,
after an adversary hearing, the judge, upon return of the
warrant with the matter seized, shall give notice of the
fact to the prosecuting attorney of the county in which the
matter was seized and the dealer, exhibitor or displayer and
shall conduct further adversary proceedings to determine
whether the matter is subject to forfeiture. If the
evidence is clear and convincing that the matter is obscene
as defined by law and it was being held or displayed for
sale, exhibition, distribution or circulation to the public,
the judge shall declare it to be obscene and forfeited to
the state and order its destruction or other disposition;
except that, no forfeiture shall be declared without the
dealer, distributor or displayer being given a reasonable
opportunity to appear in opposition and without the judge
having thoroughly examined each item. If the material to be
seized is the same as or another copy of matter that has
59
already been determined to be obscene in a criminal
proceeding against the dealer, exhibitor, displayer or such
person's agent, the determination of obscenity in the
criminal proceeding shall constitute clear and convincing
evidence that the matter to be forfeited pursuant to this
subsection is obscene. Except when the dealer, exhibitor or
displayer consents to a longer period, or by such person's
actions or pleadings willfully prevents the prompt
resolution of the hearing, judgment shall be rendered within
ten days of the return of the warrant. If the matter is not
found to be obscene or is not found to have been held or
displayed for sale, exhibition or distribution to the
public, or a judgment is not entered within the time
provided for, the matter shall be restored forthwith to the
dealer, exhibitor or displayer.
8. If an appeal is taken by the dealer, exhibitor or
displayer from an adverse judgment, the case should be
assigned for hearing at the earliest practicable date and
expedited in every way. Destruction or disposition of a
matter declared forfeited shall be postponed until the
judgment has become final by exhaustion of appeal, or by
expiration of the time for appeal, and until the matter is
no longer needed as evidence in a criminal proceeding.
9. A determination of obscenity, pursuant to this
subsection, shall not be admissible in any criminal
proceeding against any person or corporation for sale or
possession of obscene matter; except that dealer,
distributor or displayer from which the obscene matter was
seized for forfeiture to the state.
10. When allegedly obscene matter or pornographic
material for minors has been seized under a search warrant
issued pursuant to subsection 2 of section 542.281 and the
matter is no longer needed as evidence in a criminal
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proceeding the prosecuting attorney of the county in which
the matter was seized may file a written motion with the
circuit court of the county or judicial district in which
the seizure occurred praying for an order directing the
forfeiture of the matter. Upon filing of the motion, the
court shall set a date for a hearing. Written notice of
date, time, place and nature of the hearing shall be
personally served upon the owner, dealer, exhibitor,
displayer or such person's agent. Such notice shall be
served no less than five days before the hearing.
11. If the evidence is clear and convincing that the
matter is obscene as defined by law, and that the obscene
material was being held or displayed for sale, exhibition,
distribution or circulation to the public or that the matter
is pornographic for minors and that the pornographic
material was being held or displayed for sale, exhibition,
distribution or circulation to minors, the judge shall
declare it to be obscene or pornographic for minors and
forfeited to the state and order its destruction or other
disposition. A determination that the matter is obscene in
a criminal proceeding as well as a determination that such
obscene material was held or displayed for sale, exhibition,
distribution or circulation to the public or a determination
that the matter is pornographic for minors in a criminal
proceeding as well as a determination that such pornographic
material was held or displayed for sale, exhibition,
distribution or circulation to minors shall be clear and
convincing evidence that such material should be forfeited
to the state; except that, no forfeiture shall be declared
without the dealer, distributor or displayer being given a
reasonable opportunity to appear in opposition and without a
judge having thoroughly examined each item. A dealer,
distributor or displayer shall have had reasonable
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opportunity to appear in opposition if the matter the
prosecutor seeks to destroy is the same matter that formed
the basis of a criminal proceeding against the dealer,
distributor or displayer where the dealer, distributor or
displayer has been charged and found guilty of holding or
displaying for sale, exhibiting, distributing or circulating
obscene material to the public or pornographic material for
minors to minors. If the matter is not found to be obscene,
or if obscene material is not found to have been held or
displayed for sale, exhibition, distribution or circulation
to the public, or if the matter is not found to be
pornographic for minors or if pornographic material is not
found to have been held or displayed for sale, exhibition,
distribution or circulation to minors, the matter shall be
restored forthwith to the dealer, exhibitor or displayer.
12. If an appeal is taken by the dealer, exhibitor or
displayer from an adverse judgment, the case shall be
assigned for hearing at the earliest practicable date and
expedited in every way. Destruction or disposition of
matter declared forfeited shall be postponed until the
judgment has become final by exhaustion of appeal, or by
expiration of the time for appeal, and until the matter is
no longer needed as evidence in a criminal proceeding.
13. A determination of obscenity shall not be
admissible in any criminal proceeding against any person or
corporation for sale or possession of obscene matter.
14. An appeal by any party shall be allowed from the
judgment of the court as in other civil actions.
15. All other property still in the custody of an
officer or of a court as the result of any seizure and which
has not been forfeited pursuant to this section or any other
provision of law after three years following the seizure and
which has ceased to be useful as evidence shall be deemed
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abandoned, converted to cash and shall be turned over
immediately to the treasurer pursuant to section 447.543.
566.010. As used in this chapter and chapter 568, the
following terms mean:
(1) "Aggravated sexual offense", any sexual offense,
in the course of which, the actor:
(a) Inflicts serious physical injury on the victim;
(b) Displays a deadly weapon or dangerous instrument
in a threatening manner;
(c) Subjects the victim to sexual intercourse or
deviate sexual intercourse with more than one person;
(d) Had previously been found guilty of an offense
under this chapter or under section 573.200, child used in
sexual performance; section 573.205, promoting sexual
performance by a child; section 573.023, sexual exploitation
of a minor; section 573.025, promoting child pornography in
the first degree as it existed prior to August 28, 2026, or
promoting child sexual abuse material in the first degree;
section 573.035, promoting child pornography in the second
degree as it existed prior to August 28, 2026, or promoting
child sexual abuse material in the second degree; section
573.037, possession of child pornography as it existed prior
to August 28, 2026, or possession of child sexual abuse
material; or section 573.040, furnishing pornographic
materials to minors; or has previously been found guilty of
an offense in another jurisdiction which would constitute an
offense under this chapter or said sections;
(e) Commits the offense as part of an act or series of
acts performed by two or more persons as part of an
established or prescribed pattern of activity; or
(f) Engages in the act that constitutes the offense
with a person the actor knows to be, without regard to
legitimacy, the actor's:
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a. Ancestor or descendant by blood or adoption;
b. Stepchild while the marriage creating that
relationship exists;
c. Brother or sister of the whole or half blood; or
d. Uncle, aunt, nephew, or niece of the whole blood;
(2) "Commercial sex act", any sex act on account of
which anything of value is given to or received by any
person;
(3) "Deviate sexual intercourse", any act involving
the genitals of one person and the hand, mouth, tongue, or
anus of another person or a sexual act involving the
penetration, however slight, of the penis, female genitalia,
or the anus by a finger, instrument or object done for the
purpose of arousing or gratifying the sexual desire of any
person or for the purpose of terrorizing the victim;
(4) "Forced labor", a condition of servitude induced
by means of:
(a) Any scheme, plan, or pattern of behavior intended
to cause a person to believe that, if the person does not
enter into or continue the servitude, such person or another
person will suffer substantial bodily harm or physical
restraint; or
(b) The abuse or threatened abuse of the legal process;
(5) "Sexual conduct", sexual intercourse, deviate
sexual intercourse or sexual contact;
(6) "Sexual contact", any touching of another person
with the genitals or any touching of the genitals or anus of
another person, or the breast of a female person, or such
touching through the clothing, or causing semen, seminal
fluid, or other ejaculate to come into contact with another
person, for the purpose of arousing or gratifying the sexual
desire of any person or for the purpose of terrorizing the
victim;
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(7) "Sexual intercourse", any penetration, however
slight, of the female genitalia by the penis.
566.147. 1. Any person who, since July 1, 1979, has
been or hereafter has been found guilty of:
(1) Violating any of the provisions of this chapter or
the provisions of section 568.020, incest; section 568.045,
endangering the welfare of a child in the first degree;
subsection 2 of section 568.080 as it existed prior to
January 1, 2017, or section 573.200, use of a child in a
sexual performance; section 568.090 as it existed prior to
January 1, 2017, or section 573.205, promoting a sexual
performance by a child; section 573.023, sexual exploitation
of a minor; section 573.025, promoting child pornography in
the first degree as it existed prior to August 28, 2026, or
promoting child sexual abuse material in the first degree;
section 573.035, promoting child pornography in the second
degree as it existed prior to August 28, 2026, or promoting
child sexual abuse material in the second degree; section
573.037, possession of child pornography as it existed prior
to August 28, 2026, or possession of child sexual abuse
material; or section 573.040, furnishing pornographic
material to minors; or
(2) Any offense in any other jurisdiction which, if
committed in this state, would be a violation listed in this
section;
shall not reside within one thousand feet of any public
school as defined in section 160.011, any private school
giving instruction in a grade or grades not higher than the
twelfth grade, or any child care facility that is licensed
under chapter 210, or any child care facility as defined in
section 210.201 that is exempt from state licensure but
subject to state regulation under section 210.252 and holds
65
itself out to be a child care facility, where the school or
facility is in existence at the time the individual begins
to reside at the location. Such person shall also not
reside within one thousand feet of the property line of the
residence of a former victim of such person.
2. If such person has already established a residence
and a public school, a private school, or child care
facility is subsequently built or placed within one thousand
feet of such person's residence, or a former victim
subsequently resides on property with a property line within
one thousand feet of such person's residence, then such
person shall, within one week of the opening of such public
school, private school, or child care facility, or the
former victim residing on the property, notify the county
sheriff where such public school, private school, child care
facility, or residence of a former victim is located that he
or she is now residing within one thousand feet of such
public school, private school, child care facility, or
property line of the residence of a former victim, and shall
provide verifiable proof to the sheriff that he or she
resided there prior to the opening of such public school,
private school, or child care facility, or the former victim
residing on the property.
3. For purposes of this section, "resides" means
sleeps in a residence, which may include more than one
location and may be mobile or transitory, but shall not
include transitory or longer term presence in facilities
licensed under chapters 197 and 198 for purposes of
receiving care, treatment, or services from such licensed
facility.
4. For the purposes of [the] this section, one
thousand feet shall be measured from the edge of the
offender's property nearest the public school, private
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school, child care facility, or former victim to the nearest
edge of the public school, private school, child care
facility, or former victim's property.
5. Violation of the provisions of subsection 1 of this
section is a class E felony except that the second or any
subsequent violation is a class B felony. Violation of the
provisions of subsection 2 of this section is a class A
misdemeanor except that the second or subsequent violation
is a class E felony.
566.148. 1. Any person who has been found guilty of:
(1) Violating any of the provisions of this chapter or
the provisions of section 568.020, incest; section 568.045,
endangering the welfare of a child in the first degree;
subsection 2 of section 568.080 as it existed prior to
January 1, 2017, or section 573.200, use of a child in a
sexual performance; section 568.090 as it existed prior to
January 1, 2017, or section 573.205, promoting a sexual
performance by a child; section 573.023, sexual exploitation
of a minor; section 573.025, promoting child pornography in
the first degree as it existed prior to August 28, 2026, or
promoting child sexual abuse material in the first degree;
section 573.035, promoting child pornography in the second
degree as it existed prior to August 28, 2026, or promoting
child sexual abuse material in the second degree; section
573.037, possession of child pornography as it existed prior
to August 28, 2026, or possession of child sexual abuse
material; or section 573.040, furnishing pornographic
material to minors; or
(2) Any offense in any other jurisdiction which, if
committed in this state, would be a violation listed in this
section;
67
shall not knowingly be physically present in or loiter
within five hundred feet of or to approach, contact, or
communicate with any child under eighteen years of age in
any child care facility building, on the real property
comprising any child care facility when persons under the
age of eighteen are present in the building, on the grounds,
or in the conveyance, unless the offender is a parent, legal
guardian, or custodian of a student present in the building
or on the grounds.
2. For purposes of this section, "child care facility"
shall include any child care facility licensed under chapter
210, or any child care facility that is exempt from state
licensure but subject to state regulation under section
210.252 and holds itself out to be a child care facility.
3. Violation of the provisions of this section is a
class A misdemeanor.
566.149. 1. Any person who has been found guilty of:
(1) Violating any of the provisions of this chapter or
the provisions of section 568.020, incest; section 568.045,
endangering the welfare of a child in the first degree;
subsection 2 of section 568.080 as it existed prior to
January 1, 2017, or section 573.200, use of a child in a
sexual performance; section 568.090 as it existed prior to
January 1, 2017, or section 573.205, promoting a sexual
performance by a child; section 573.023, sexual exploitation
of a minor; section 573.037, possession of child pornography
as it existed prior to August 28, 2026, or possession of
child sexual abuse material; section 573.025, promoting
child pornography as it existed prior to August 28, 2026, or
promoting child sexual abuse material; or section 573.040,
furnishing pornographic material to minors; or
68
(2) Any offense in any other jurisdiction which, if
committed in this state, would be a violation listed in this
section;
shall not be present in or loiter within five hundred feet
of any school building, on real property comprising any
school, or in any conveyance owned, leased, or contracted by
a school to transport students to or from school or a school-
related activity when persons under the age of eighteen are
present in the building, on the grounds, or in the
conveyance, unless the offender is a parent, legal guardian,
or custodian of a student present in the building and has
met the conditions set forth in subsection 2 of this section.
2. No parent, legal guardian, or custodian who has
been found guilty of violating any of the offenses listed in
subsection 1 of this section shall be present in any school
building, on real property comprising any school, or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity when persons under the age of eighteen are present
in the building, on the grounds or in the conveyance unless
the parent, legal guardian, or custodian has permission to
be present from the superintendent or school board or in the
case of a private school from the principal. In the case of
a public school, if permission is granted, the
superintendent or school board president must inform the
principal of the school where the sex offender will be
present. Permission may be granted by the superintendent,
school board, or in the case of a private school from the
principal for more than one event at a time, such as a
series of events, however, the parent, legal guardian, or
custodian must obtain permission for any other event he or
69
she wishes to attend for which he or she has not yet had
permission granted.
3. Regardless of the person's knowledge of his or her
proximity to school property or a school-related activity,
violation of the provisions of this section is a class A
misdemeanor.
566.150. 1. Any person who has been found guilty of:
(1) Violating any of the provisions of this chapter or
the provisions of section 568.020, incest; section 568.045,
endangering the welfare of a child in the first degree;
section 573.200, use of a child in a sexual performance;
section 573.205, promoting a sexual performance by a child;
section 573.023, sexual exploitation of a minor; section
573.025, promoting child pornography as it existed prior to
August 28, 2026, or promoting child sexual abuse material;
section 573.037, possession of child pornography as it
existed prior to August 28, 2026, or possession of child
sexual abuse material; or section 573.040, furnishing
pornographic material to minors; or
(2) Any offense in any other jurisdiction which, if
committed in this state, would be a violation listed in this
section;
shall not knowingly be present in or loiter within five
hundred feet of any real property comprising any public park
with playground equipment, a public swimming pool, athletic
complex or athletic fields if such facilities exist for the
primary use of recreation for children, any museum if such
museum holds itself out to the public as and exists with the
primary purpose of entertaining or educating children under
eighteen years of age, or Missouri department of
conservation nature or education center properties.
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2. The first violation of the provisions of this
section is a class E felony.
3. A second or subsequent violation of this section is
a class D felony.
4. Any person who has been found guilty of an offense
under subdivision (1) or (2) of subsection 1 of this section
who is the parent, legal guardian, or custodian of a child
under the age of eighteen attending a program on the
property of a nature or education center of the Missouri
department of conservation may receive permission from the
nature or education center manager to be present on the
property with the child during the program.
566.152. 1. This section shall be known and may be
cited as "Evie and Sophie's Law".
2. A person commits the offense of grooming of a minor
if such person is twenty-one years of age or older and
knowingly engages in a pattern of conduct that includes at
least one overtly sexual act or communication directed
toward a minor as defined in section 573.010 from which, by
its nature or context, a reasonable person would infer the
intent to prepare, condition, or manipulate such minor for
sexual conduct, sexual performance, or a commercial sex act.
3. For the purposes of prosecution of the offense of
grooming of a minor, the following shall apply:
(1) Direct evidence of explicit statements of intent
of the defendant shall not be required. Intent of the
defendant may be established by the nature, frequency, and
context of communications or actions, except that intent of
the defendant is required to be evaluated based upon only
what a reasonable person would infer the intent of the
defendant to be; and
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(2) A pattern of conduct shall be determined by
objective facts, not by the reputation or character of the
defendant.
4. The offense of grooming of a minor shall not apply
to a person who is a parent, guardian, or family member of
the minor who is providing standard care or support to the
minor if there is no evidence of sexual intent or
exploitation by the person.
5. The offense of grooming of a minor is a class C
felony unless sexual conduct, sexual performance, or a
commercial sex act occurs, in which case it is a class B
felony. No person convicted under this section shall be
eligible for probation, parole, or conditional release until
serving a minimum sentence of five years.
6. Notwithstanding the provisions of sections 557.011,
558.019, and 559.021 to the contrary, a person found guilty
of violating this section shall be ordered by the sentencing
court to pay restitution to the victim of the offense. The
minimum restitution ordered by the court for such victim
shall be in the amount determined by the court necessary to
compensate the victim for the mental and physical
rehabilitation of the victim, any lost income or educational
disruption, or relocation or housing assistance for the
victim.
7. The department of public safety shall issue
guidance for:
(1) The public on identifying and recognizing actions
constituting grooming of a minor, responding to potential
instances of grooming of a minor, and treatment of and
services for victims of grooming; and
(2) Procedures and training for professionals on the
investigating and prosecuting of perpetrators of the offense
of grooming of a minor.
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8. As used in this section, the following terms mean:
(1) "Pattern of conduct", two or more acts,
occurrences, or practices, whether continuous or closely
related in time, that collectively demonstrate a course of
action directed at a minor for the purpose of preparing,
conditioning, or manipulating the minor for sexual conduct,
sexual performance, or a commercial sex act. Evidence of a
pattern of conduct may include written correspondences, text
messages, email, instant messaging, social media
communications, images, recordings, or other digital or
electronic methods of communication. A pattern of conduct
includes, but is not limited to, communications or actions
such as:
(a) Selecting or identifying a minor based on
perceived vulnerability;
(b) Establishing rapport with a minor, or the minor's
parent or guardian, to reduce suspicion;
(c) Providing attention, gifts, favors, or other
benefits that create reliance or obligation from a minor;
(d) Reducing or eliminating protective influences of a
minor, increasing secrecy with a minor, or restricting
access to support systems of a person who is a minor; or
(e) Introducing explicit sexual material that is
pornographic for minors, as such terms are defined in
section 573.010, or other physical contact with increasing
frequency to a minor, and using secrecy, threats, or
manipulation to sustain compliance of such person;
(2) "Sexual performance", any play, motion picture
film, videotape, dance, or exhibition performed before an
audience of one or more that includes sexual conduct by a
minor.
566.155. 1. Any person who has been found guilty of:
73
(1) Violating any of the provisions of this chapter or
the provisions of section 568.020, incest; section 568.045,
endangering the welfare of a child in the first degree;
section 573.200, use of a child in a sexual performance;
section 573.205, promoting a sexual performance by a child;
section 573.023, sexual exploitation of a minor; section
573.037, possession of child pornography as it existed prior
to August 28, 2026, or possession of child sexual abuse
material; section 573.025, promoting child pornography as it
existed prior to August 28, 2026, or promoting child sexual
abuse material; or section 573.040, furnishing pornographic
material to minors; or
(2) Any offense in any other jurisdiction which, if
committed in this state, would be a violation listed in this
section;
shall not serve as an athletic coach, manager, or athletic
trainer for any sports team in which a [child less than
seventeen years of age] minor is a member or shall not
supervise or employ any child under eighteen years of age.
2. The first violation of the provisions of this
section is a class E felony.
3. A second or subsequent violation of this section is
a class D felony.
566.201. A prosecuting or circuit attorney may request
assistance from the attorney general, or one of his or her
assistants, to assist in the prosecution of child sex
trafficking cases. The prosecuting or circuit attorney may
request any resource or capability of the attorney general
when prosecuting such cases.
566.211. 1. A person commits the offense of sexual
trafficking of a child in the second degree if he or she
knowingly:
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(1) Recruits, entices, harbors, transports, provides,
or obtains by any means, including but not limited to
through the use of force, abduction, coercion, fraud,
deception, blackmail, or causing or threatening to cause
financial harm, a person under the age of eighteen to
participate in a commercial sex act, a sexual performance,
or the production of explicit sexual material as defined in
section 573.010, or benefits, financially or by receiving
anything of value, from participation in such activities;
(2) Causes a person under the age of eighteen to
engage in a commercial sex act, a sexual performance, or the
production of explicit sexual material as defined in section
573.010; or
(3) Advertises the availability of a person under the
age of eighteen to participate in a commercial sex act, a
sexual performance, or the production of explicit sexual
material as defined in section 573.010.
2. It shall not be a defense that the defendant
believed that the person was eighteen years of age or older.
3. (1) The offense of sexual trafficking of a child
in the second degree is a felony punishable by imprisonment
for a term of years not less than twenty years or life and a
fine not to exceed two hundred fifty thousand dollars if the
child is under the age of eighteen. If a violation of this
section was effected by force, abduction, or coercion, the
crime of sexual trafficking of a child shall be a felony for
which the authorized term of imprisonment is life
imprisonment without eligibility for probation or parole
until the defendant has served not less than twenty-five
years of such sentence.
(2) The offense of sexual trafficking of a child in
the second degree by a parent, legal guardian, or other
person having custody or control of a child is a felony for
75
which the authorized term of imprisonment is life
imprisonment. As used in this subdivision, "life
imprisonment" shall mean imprisonment for the duration of a
person's natural life.
566.218. 1. Notwithstanding sections 557.011,
558.019, and 559.021, a person found guilty of violating any
provisions of section 566.203, 566.206, 566.209, 566.210,
566.211, 566.212, 566.213, or 566.215 shall be ordered by
the sentencing court to pay restitution to the victim of the
offense regardless of whether the defendant is sentenced to
a term of imprisonment or probation. The minimum
restitution ordered by the court shall be in the amount
determined by the court necessary to compensate the victim
for the value of the victim's labor and/or for the mental
and physical rehabilitation of the victim and any child of
the victim.
2. Any real or personal property that was used,
attempted to be used, or intended to be used by the
defendant in violating a section listed under subsection 1
of this section may be seized. If such property is seized,
the property shall be forfeited as provided under section
513.607.
567.030. 1. A person commits the offense of
patronizing prostitution if he or she:
(1) Pursuant to a prior understanding, gives something
of value to another person as compensation for having
engaged in sexual conduct with any person; or
(2) Gives or agrees to give something of value to
another person with the understanding that such person or
another person will engage in sexual conduct with any
person; or
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(3) Solicits or requests another person to engage in
sexual conduct with any person in return for something of
value.
2. It shall not be a defense that the person believed
that the individual he or she patronized for prostitution
was eighteen years of age or older.
3. The offense of patronizing prostitution is a class
[B misdemeanor] E felony, unless the individual who the
person patronizes is less than eighteen years of age but
older than fifteen years of age, in which case patronizing
prostitution is a class [E] D felony.
4. The offense of patronizing prostitution is a class
B felony if the individual who the person patronizes is
fifteen years of age or younger. Nothing in this section
shall preclude the prosecution of an individual for the
offenses of:
(1) Statutory rape in the first degree pursuant to
section 566.032;
(2) Statutory rape in the second degree pursuant to
section 566.034;
(3) Statutory sodomy in the first degree pursuant to
section 566.062; or
(4) Statutory sodomy in the second degree pursuant to
section 566.064.
573.010. As used in this chapter the following terms
shall mean:
(1) "Adult cabaret", a nightclub, bar, juice bar,
restaurant, bottle club, or other commercial establishment,
regardless of whether alcoholic beverages are served, which
regularly features persons who appear semi-nude;
(2) "Characterized by", describing the essential
character or dominant theme of an item;
(3) "Child", any person under the age of fourteen;
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(4) "Child [pornography] sexual abuse material":
(a) Any obscene material or performance depicting
sexual conduct, sexual contact as defined in section
566.010, or a sexual performance and which has as one of its
participants or portrays as an observer of such conduct,
contact, or performance a minor; [or]
(b) Any visual depiction, including any photograph,
film, video, picture, or computer or computer-generated
image or picture, whether made or produced by electronic,
mechanical, or other means, of sexually explicit conduct
where:
a. The production of such visual depiction involves
the use of a minor engaging in sexually explicit conduct;
b. Such visual depiction is a digital image, computer
image, or computer-generated image that is, or is
indistinguishable from, that of a minor engaging in sexually
explicit conduct, in that the depiction is such that an
ordinary person viewing the depiction would conclude that
the depiction is of an actual minor engaged in sexually
explicit conduct, regardless of whether the minor was
actually engaged in sexually explicit conduct at the time
the visual depiction was created; or
c. Such visual depiction has been created, adapted, or
modified to show that an identifiable minor is engaging in
sexually explicit conduct. "Identifiable minor" means a
person who was a minor at the time the visual depiction was
created, adapted, or modified; or whose image as a minor was
used in creating, adapting, or modifying the visual
depiction; and who is recognizable as an actual person by
the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature. The term identifiable minor shall not
78
be construed to require proof of the actual identity of the
identifiable minor; or
(c) Any anatomically correct doll, mannequin, or
robot, or any other item, with features of, or with features
that resemble those of, a minor under eighteen years of age
intended to be used for the purpose of arousing or
gratifying the sexual desire of any person, or for the
purpose of terrorizing or causing emotional distress to any
person;
(5) "Employ", "employee", or "employment", any person
who performs any service on the premises of a sexually
oriented business, on a full-time, part-time, or contract
basis, whether or not the person is denominated an employee,
independent contractor, agent, or otherwise. Employee does
not include a person exclusively on the premises for repair
or maintenance of the premises or for the delivery of goods
to the premises;
(6) "Explicit sexual material", any pictorial or three-
dimensional material depicting human masturbation, deviate
sexual intercourse, sexual intercourse, direct physical
stimulation or unclothed genitals, sadomasochistic abuse, or
emphasizing the depiction of postpubertal human genitals;
provided, however, that works of art or of anthropological
significance shall not be deemed to be within the foregoing
definition;
(7) "Furnish", to issue, sell, give, provide, lend,
mail, deliver, transfer, circulate, disseminate, present,
exhibit or otherwise provide;
(8) "Material", anything printed or written, or any
picture, drawing, photograph, motion picture film, videotape
or videotape production, or pictorial representation, or any
recording or transcription, or any mechanical, chemical, or
electrical reproduction, or stored computer data, or
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anything which is or may be used as a means of
communication. Material includes undeveloped photographs,
molds, printing plates, stored computer data and other
latent representational objects;
(9) "Minor", any person less than eighteen years of
age;
(10) "Nudity" or "state of nudity", the showing of the
human genitals, pubic area, vulva, anus, anal cleft, or the
female breast with less than a fully opaque covering of any
part of the nipple or areola;
(11) "Obscene", any material or performance if, taken
as a whole:
(a) Applying contemporary community standards, its
predominant appeal is to prurient interest in sex; and
(b) The average person, applying contemporary
community standards, would find the material depicts or
describes sexual conduct in a patently offensive way; and
(c) A reasonable person would find the material lacks
serious literary, artistic, political or scientific value;
(12) "Operator", any person on the premises of a
sexually oriented business who causes the business to
function, puts or keeps the business in operation, or is
authorized to manage the business or exercise overall
operational control of the business premises. A person may
be found to be operating or causing to be operated a
sexually oriented business whether or not such person is an
owner, part owner, or licensee of the business;
(13) "Performance", any play, motion picture film,
videotape, dance or exhibition performed before an audience
of one or more;
(14) "Pornographic for minors", any material or
performance if the following apply:
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(a) The average person, applying contemporary
community standards, would find that the material or
performance, taken as a whole, has a tendency to cater or
appeal to a prurient interest of minors; and
(b) The material or performance depicts or describes
nudity, sexual conduct, the condition of human genitals when
in a state of sexual stimulation or arousal, or
sadomasochistic abuse in a way which is patently offensive
to the average person applying contemporary adult community
standards with respect to what is suitable for minors; and
(c) The material or performance, taken as a whole,
lacks serious literary, artistic, political, or scientific
value for minors;
(15) "Premises", the real property upon which a
sexually oriented business is located, and all appurtenances
thereto and buildings thereon, including but not limited to
the sexually oriented business, the grounds, private
walkways, and parking lots or parking garages or both;
(16) "Promote", to manufacture, issue, sell, provide,
mail, deliver, transfer, transmute, publish, distribute,
circulate, disseminate, present, exhibit, or advertise, or
to offer or agree to do the same, by any means including a
computer;
(17) "Regularly", the consistent and repeated doing of
the act so described;
(18) "Sadomasochistic abuse", flagellation or torture
by or upon a person as an act of sexual stimulation or
gratification;
(19) "Semi-nude" or "state of semi-nudity", the
showing of the female breast below a horizontal line across
the top of the areola and extending across the width of the
breast at such point, or the showing of the male or female
buttocks. Such definition includes the lower portion of the
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human female breast, but shall not include any portion of
the cleavage of the female breasts exhibited by a bikini,
dress, blouse, shirt, leotard, or similar wearing apparel
provided the areola is not exposed in whole or in part;
(20) "Sexual conduct", actual or simulated, normal or
perverted acts of human masturbation; deviate sexual
intercourse; sexual intercourse; or physical contact with a
person's clothed or unclothed genitals, pubic area,
buttocks, or the breast of a female in an act of apparent
sexual stimulation or gratification or any sadomasochistic
abuse or acts including animals or any latent objects in an
act of apparent sexual stimulation or gratification;
(21) "Sexually explicit conduct", actual or simulated:
(a) Sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex;
(b) Bestiality;
(c) Masturbation;
(d) Sadistic or masochistic abuse; or
(e) Lascivious exhibition of the genitals or pubic
area of any person;
(22) "Sexually oriented business" includes:
(a) An adult bookstore or adult video store. "Adult
bookstore" or "adult video store" means a commercial
establishment which, as one of its principal business
activities, offers for sale or rental for any form of
consideration any one or more of the following: books,
magazines, periodicals, or other printed matter, or
photographs, films, motion pictures, video cassettes,
compact discs, digital video discs, slides, or other visual
representations which are characterized by their emphasis
upon the display of specified sexual activities or specified
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anatomical areas. A principal business activity exists
where the commercial establishment:
a. Has a substantial portion of its displayed
merchandise which consists of such items; or
b. Has a substantial portion of the wholesale value of
its displayed merchandise which consists of such items; or
c. Has a substantial portion of the retail value of
its displayed merchandise which consists of such items; or
d. Derives a substantial portion of its revenues from
the sale or rental, for any form of consideration, of such
items; or
e. Maintains a substantial section of its interior
business space for the sale or rental of such items; or
f. Maintains an adult arcade. "Adult arcade" means
any place to which the public is permitted or invited
wherein coin-operated or slug-operated or electronically,
electrically, or mechanically controlled still or motion
picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five or
fewer persons per machine at any one time, and where the
images so displayed are characterized by their emphasis upon
matter exhibiting specified sexual activities or specified
anatomical areas;
(b) An adult cabaret;
(c) An adult motion picture theater. "Adult motion
picture theater" means a commercial establishment where
films, motion pictures, video cassettes, slides, or similar
photographic reproductions, which are characterized by their
emphasis upon the display of specified sexual activities or
specified anatomical areas are regularly shown to more than
five persons for any form of consideration;
(d) A semi-nude model studio. "Semi-nude model
studio" means a place where persons regularly appear in a
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state of semi-nudity for money or any form of consideration
in order to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other
persons. Such definition shall not apply to any place where
persons appearing in a state of semi-nudity do so in a
modeling class operated:
a. By a college, junior college, or university
supported entirely or partly by taxation;
b. By a private college or university which maintains
and operates educational programs in which credits are
transferable to a college, junior college, or university
supported entirely or partly by taxation; or
c. In a structure:
(i) Which has no sign visible from the exterior of the
structure and no other advertising that indicates a semi-
nude person is available for viewing; and
(ii) Where, in order to participate in a class, a
student must enroll at least three days in advance of the
class;
(e) A sexual encounter center. "Sexual encounter
center" means a business or commercial enterprise that, as
one of its principal purposes, purports to offer for any
form of consideration physical contact in the form of
wrestling or tumbling between two or more persons when one
or more of the persons is semi-nude;
(23) "Sexual performance", any performance, or part
thereof, which includes sexual conduct by a child who is
less than eighteen years of age;
(24) "Specified anatomical areas" include:
(a) Less than completely and opaquely covered: human
genitals, pubic region, buttock, and female breast below a
point immediately above the top of the areola; and
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(b) Human male genitals in a discernibly turgid state,
even if completely and opaquely covered;
(25) "Specified sexual activity", includes any of the
following:
(a) Intercourse, oral copulation, masturbation, or
sodomy; or
(b) Excretory functions as a part of or in connection
with any of the activities described in paragraph (a) of
this subdivision;
(26) "Substantial", at least thirty percent of the
item or items so modified;
(27) "Visual depiction", includes undeveloped film and
videotape, and data stored on computer disk or by electronic
means which is capable of conversion into a visual image.
573.023. 1. A person commits the offense of sexual
exploitation of a minor if such person knowingly or
recklessly photographs, films, videotapes, produces or
otherwise creates obscene material with a minor or child
[pornography] sexual abuse material.
2. The offense of sexual exploitation of a minor is a
class B felony unless the minor is a child, in which case it
is a class A felony.
573.025. 1. A person commits the offense of promoting
child [pornography] sexual abuse material in the first
degree if, knowing of its content and character, such person
possesses with the intent to promote or promotes child
[pornography] sexual abuse material of a child less than
fourteen years of age or obscene material portraying what
appears to be a child less than fourteen years of age.
2. The offense of promoting child [pornography] sexual
abuse material in the first degree is a class B felony
unless the person knowingly promotes such material to a
minor, in which case it is a class A felony. No person who
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is found guilty of promoting child [pornography] sexual
abuse material in the first degree shall be eligible for
probation, parole, or conditional release for a period of
three calendar years.
3. Nothing in this section shall be construed to
require a provider of electronic communication services or
remote computing services to monitor any user, subscriber or
customer of the provider, or the content of any
communication of any user, subscriber or customer of the
provider.
573.035. 1. A person commits the offense of promoting
child [pornography] sexual abuse material in the second
degree if, knowing of its content and character, such person
possesses with the intent to promote or promotes child
[pornography] sexual abuse material of a minor under the age
of eighteen or obscene material portraying what appears to
be a minor under the age of eighteen.
2. The offense of promoting child [pornography] sexual
abuse material in the second degree is a class D felony
unless the person knowingly promotes such material to a
minor, in which case it is a class B felony. No person who
is found guilty of promoting child [pornography] sexual
abuse material in the second degree shall be eligible for
probation.
573.037. 1. A person commits the offense of
possession of child [pornography] sexual abuse material if
such person knowingly or recklessly possesses any child
[pornography] sexual abuse material of a minor less than
eighteen years of age or obscene material portraying what
appears to be a minor less than eighteen years of age.
2. The offense of possession of child [pornography]
sexual abuse material is a class D felony if the person
possesses one still image of child [pornography] sexual
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abuse material or one obscene still image. The offense of
possession of child [pornography] sexual abuse material is a
class B felony if the person:
(1) Possesses:
(a) More than twenty still images of child
[pornography] sexual abuse material; or
(b) More than twenty obscene still images; or
(c) Child [pornography] sexual abuse material
comprised of one motion picture, film, videotape, videotape
production, or other moving image; or
(d) Obscene material comprised of one motion picture,
film, videotape production, or other moving image; or
(2) Has previously been found guilty of an offense
under this section.
3. A person who has committed the offense of
possession of child [pornography] sexual abuse material is
subject to separate punishments for each item of child
[pornography] sexual abuse material or obscene material
possessed by the person.
573.038. 1. In any criminal proceeding, any property
or material that constitutes child pornography as it existed
prior to August 28, 2026, or child sexual abuse material
shall remain in the care, custody, and control of either the
state or the court.
2. (1) Notwithstanding Missouri rule of criminal
procedure 25.03 or any other rule or statute to the
contrary, a court shall deny, in any criminal proceeding,
any request by the defendant to copy, photograph, duplicate,
or otherwise reproduce any property or material that
constitutes child pornography as it existed prior to August
28, 2026, or child sexual abuse material, so long as the
state makes the property or material reasonably available to
the defendant.
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(2) For the purposes of subdivision (1) of this
subsection, property or material shall be deemed to be
reasonably available to the defendant if the state provides
ample opportunity for inspection, viewing, and examination
at a state or other governmental facility of the property or
material by the defendant, his or her attorney, and any
individual the defendant may seek to qualify to furnish
expert testimony at trial.
573.050. 1. In any prosecution under this chapter
evidence shall be admissible to show:
(1) What the predominant appeal of the material or
performance would be for ordinary adults or minors;
(2) The literary, artistic, political or scientific
value of the material or performance;
(3) The degree of public acceptance in this state and
in the local community;
(4) The appeal to prurient interest in advertising or
other promotion of the material or performance;
(5) The purpose of the author, creator, promoter,
furnisher or publisher of the material or performance.
2. Testimony of the author, creator, promoter,
furnisher, publisher, or expert testimony, relating to
factors entering into the determination of the issues of
obscenity or child pornography as it existed prior to August
28, 2026, or child sexual abuse material, shall be
admissible.
3. In any prosecution under this chapter, when it
becomes necessary to determine whether a person was [less
than seventeen or eighteen years of age] a minor, the court
or jury may make this determination by any of the following
methods:
(1) Personal inspection of the child;
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(2) Inspection of the photograph or motion picture
that shows the child engaging in the sexual performance;
(3) Oral testimony by a witness to the sexual
performance as to the age of the child based on the child's
appearance at the time;
(4) Expert medical testimony based on the appearance
of the child engaging in the sexual performance; or
(5) Any other method authorized by law or by the rules
of evidence.
4. In any prosecution for promoting child pornography
in the first or second degree as it existed prior to August
28, 2026, or for promoting child sexual abuse material in
the first or second degree, no showing is required that the
performance or material involved appeals to prurient
interest, that it lacks serious literary, artistic,
political or scientific value, or that it is patently
offensive to prevailing standards in the community as a
whole.
573.052. Upon receipt of any information that child
[pornography] sexual abuse material as defined in section
573.010 is contained on a website, the attorney general
shall investigate such information. If the attorney general
has probable cause to believe the website contains child
[pornography] sexual abuse material, the attorney general
shall notify a website operator of any child [pornography]
sexual abuse material site residing on that website
operator's server, in writing. If the website operator
promptly, but in no event longer than five days after
receiving notice, removes the alleged [pornography] material
from its server, and so long as the website operator is not
the purveyor of such child [pornography] sexual abuse
material, it shall be immune from civil liability. If the
website operator does not promptly remove the alleged
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[pornography] material, the attorney general may seek an
injunction pursuant to section 573.070 to remove the child
[pornography] sexual abuse material site from the website
operator's server. This section shall not be construed to
create any defense to any criminal charges brought pursuant
to this chapter.
573.110. 1. This section and sections 571.112 and
573.114 shall be known and may be cited as "Evan's Voice
Act".
2. As used in this section and [section] sections
573.112 and 573.114, the following terms mean:
(1) "Computer", a device that accepts, processes,
stores, retrieves, or outputs data and includes, but is not
limited to, auxiliary storage and telecommunications devices
connected to computers;
(2) "Computer program", a series of coded instructions
or statements in a form acceptable to a computer that causes
the computer to process data and supply the results of the
data processing;
(3) "Data", a representation in any form of
information, knowledge, facts, concepts, or instructions
including, but not limited to, program documentation, that
is prepared or has been prepared in a formalized manner and
is stored or processed in or transmitted by a computer or in
a system or network. Data is considered property and may be
in any form including, but not limited to, printouts,
magnetic or optical storage media, punch cards, data stored
internally in the memory of the computer, or data stored
externally that is accessible by the computer;
(4) "Image", a photograph, film, videotape, digital
recording, or other depiction or portrayal of an object,
including a human body;
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(5) "Intimate parts", the fully unclothed, partially
unclothed, or transparently clothed genitals, pubic area, or
anus or, if the person is female, a partially or fully
exposed nipple, including exposure through transparent
clothing;
(6) "Private mobile radio services", private land
mobile radio services and other communications services
characterized by the public service commission as private
mobile radio services;
(7) "Public mobile services", air-to-ground radio
telephone services, cellular radio telecommunications
services, offshore radio, rural radio services, public land
mobile telephone services, and other common carrier radio
communications services;
(8) "Sexual act", sexual penetration, masturbation, or
sexual activity;
(9) "Sexual activity", any:
(a) Knowing touching or fondling by the victim or
another person or animal, either directly or through
clothing, of the sex organs, anus, or breast of the victim
or another person or animal for the purpose of sexual
gratification or arousal;
(b) Transfer or transmission of semen upon any part of
the clothed or unclothed body of the victim for the purpose
of sexual gratification or arousal of the victim or another;
(c) Act of urination within a sexual context;
(d) Bondage, fetter, sadism, or masochism; or
(e) Sadomasochism abuse in any sexual context.
[2.] 3. A person commits the offense of nonconsensual
dissemination of private sexual images if he or she:
(1) Intentionally disseminates an image with the
intent to harass, threaten, or coerce another person:
(a) [Who is at least eighteen years of age;
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(b)] Who is identifiable from the image itself or
information displayed in connection with the image; and
[(c)] (b) Who is engaged in a sexual act or whose
intimate parts are exposed, in whole or in part;
(2) Obtains the image under circumstances in which a
reasonable person would know or understand that the image
was to remain private; and
(3) Knows or should have known that the person in the
image did not consent to the dissemination.
[3.] 4. The following activities are exempt from the
provisions of this section:
(1) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed if the dissemination is
made for the purpose of a criminal investigation that is
otherwise lawful;
(2) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed if the dissemination is
for the purpose of, or in connection with, the reporting of
unlawful conduct;
(3) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed if the image involves
voluntary exposure in a public or commercial setting; or
(4) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed if the dissemination
serves a lawful public purpose.
[4.] 5. Nothing in this section shall be construed to
impose liability upon the following entities solely as a
result of content or information provided by another person:
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(1) An interactive computer service, as defined in 47
U.S.C. Section 230(f)(2);
(2) A provider of public mobile services or private
mobile radio services; or
(3) A telecommunications network or broadband provider.
[5.] 6. A person convicted under this section is
subject to the forfeiture provisions under sections 513.600
to 513.660.
[6.] 7. The offense of nonconsensual dissemination of
private sexual images is a class D felony, unless the image
was of a minor or of a vulnerable person, in which case it
is a class C felony.
[7.] 8. In addition to the criminal penalties listed
in subsection 6 of this section, the person in violation of
the provisions of this section shall also be subject to a
private cause of action from the depicted person. Any
successful private cause of action brought under this
subsection shall result in an award equal to ten thousand
dollars or actual damages, whichever is greater, and in
addition shall include attorney's fees. Humiliation or
embarrassment shall be an adequate showing that the
plaintiff has incurred damages; however, no physical
manifestation of either humiliation or embarrassment is
necessary for damages to be shown.
573.112. 1. A person commits the offense of
threatening the nonconsensual dissemination of private
sexual images if he or she gains or attempts to gain
anything of value, or coerces or attempts to coerce another
person to act or refrain from acting, by threatening to
disseminate an image of another person, which was obtained
under circumstances in which a reasonable person would know
or understand that the image was to remain private, against
the will of such person:
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(1) [Who is at least eighteen years of age;
(2)] Who is identifiable from the image itself or
information displayed in connection with the image; and
[(3)] (2) Who is engaged in a sexual act or whose
intimate parts are exposed, in whole or in part.
2. (1) Except as provided in subdivision (2) or (3)
of this subsection, the offense of threatening the
nonconsensual dissemination of private sexual images is a
class E felony, unless it is a second offense, in which case
it is a class D felony. Any third or subsequent offense of
threatening the nonconsensual dissemination of private
sexual images is a class C felony.
(2) If the image was of a minor or of a vulnerable
person, the offense of threatening the nonconsensual
dissemination of private sexual images is a class B felony.
(3) If the threat of the nonconsensual dissemination
of private sexual images is the proximate cause of serious
physical injury or death of a person, the offense of
threatening the nonconsensual dissemination of private
sexual images is a class B felony.
573.114. Notwithstanding the provisions of sections
557.011, 558.019, and 559.021 to the contrary, a person
found guilty of violating section 573.110 or 573.112 shall
be ordered by the sentencing court to pay restitution to the
victim of the offense. The minimum restitution for a victim
of a person found guilty of violating section 573.110 or
573.112 ordered by the court shall be in the amount
determined by the court necessary to compensate the victim
for the mental and physical rehabilitation of the victim,
any lost income or educational disruption, relocation or
housing assistance for the victim, or costs for removal of
the image from any computer, computer program, interactive
computer service as such term is defined in 47 U.S.C.
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Section 230(f)(2), provider of public mobile services or
private mobile radio services, or telecommunications network
or broadband provider.
573.215. 1. A person commits the offense of failure
to report child [pornography] sexual abuse material if he or
she being a film and photographic print processor, computer
provider, installer or repair person, or any internet
service provider who has knowledge of or observes, within
the scope of the person's professional capacity or
employment, any film, photograph, videotape, negative,
slide, or computer-generated image or picture depicting a
child under eighteen years of age engaged in an act of
sexual conduct fails to report such instance to any law
enforcement agency immediately or as soon as practically
possible.
2. The offense of failure to report child
[pornography] sexual abuse material is a class B misdemeanor.
3. Nothing in this section shall be construed to
require a provider of electronic communication services or
remote computing services to monitor any user, subscriber or
customer of the provider, or the content of any
communication of any user, subscriber or customer of the
provider.
589.042. The court or the parole board shall have the
authority to require a person who is required to register as
a sexual offender under sections 589.400 to 589.425 to give
his or her assigned probation or parole officer access to
his or her personal home computer as a condition of
probation or parole in order to monitor and prevent such
offender from obtaining and keeping child [pornography]
sexual abuse material or from committing an offense under
chapter 566. Such access shall allow the probation or
parole officer to view the internet use history, computer
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hardware, and computer software of any computer, including a
laptop computer, that the offender owns.
589.400. 1. Sections 589.400 to 589.425 shall apply
to:
(1) Any person who, since July 1, 1979, has been or is
hereafter adjudicated for an offense referenced in section
589.414, unless such person is exempt from registering under
subsection 9 or 10 of this section or section 589.401;
(2) Any person who, since July 1, 1979, has been or is
hereafter convicted of, been found guilty of, or pled guilty
or nolo contendere to committing, attempting to commit, or
conspiring to commit one or more of the following offenses:
kidnapping or kidnapping in the first degree when the victim
was a child and the defendant was not a parent or guardian
of the child; abuse of a child under section 568.060 when
such abuse is sexual in nature; felonious restraint or
kidnapping in the second degree when the victim was a child
and the defendant is not a parent or guardian of the child;
sexual contact or sexual intercourse with a resident of a
nursing home or sexual conduct with a nursing facility
resident or vulnerable person in the first or second degree;
endangering the welfare of a child under section 568.045
when the endangerment is sexual in nature; genital
mutilation of a female child, under section 568.065;
promoting prostitution in the first degree; promoting
prostitution in the second degree; promoting prostitution in
the third degree; sexual exploitation of a minor; promoting
child pornography in the first degree as it existed prior to
August 28, 2026; promoting child sexual abuse material in
the first degree; promoting child pornography in the second
degree as it existed prior to August 28, 2026; promoting
child sexual abuse material in the second degree; possession
of child pornography as it existed prior to August 28, 2026;
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possession of child sexual abuse material; furnishing
pornographic material to minors; public display of explicit
sexual material; coercing acceptance of obscene material;
promoting obscenity in the first degree; promoting
pornography for minors or obscenity in the second degree;
incest; use of a child in a sexual performance; or promoting
sexual performance by a child; patronizing prostitution if
the individual the person patronizes is less than eighteen
years of age; grooming of a minor; nonconsensual
dissemination of private sexual images; or threatening the
nonconsensual dissemination of private sexual images;
(3) Any person who, since July 1, 1979, has been
committed to the department of mental health as a criminal
sexual psychopath;
(4) Any person who, since July 1, 1979, has been found
not guilty as a result of mental disease or defect of any
offense referenced in section 589.414;
(5) Any juvenile certified as an adult and transferred
to a court of general jurisdiction who has been adjudicated
for an offense listed under section 589.414;
(6) Any juvenile fourteen years of age or older at the
time of the offense who has been adjudicated for an offense
which is equal to or more severe than aggravated sexual
abuse under 18 U.S.C. Section 2241, which shall include any
attempt or conspiracy to commit such offense;
(7) Any person who is a resident of this state who
has, since July 1, 1979, been or is hereafter adjudicated in
any other state, territory, the District of Columbia, or
foreign country, or under federal, tribal, or military
jurisdiction for an offense which, if committed in this
state, would constitute an offense listed under section
589.414, or has been or is required to register in another
state, territory, the District of Columbia, or foreign
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country, or has been or is required to register under
tribal, federal, or military law; or
(8) Any person who has been or is required to register
in another state, territory, the District of Columbia, or
foreign country, or has been or is required to register
under tribal, federal, or military law and who works or
attends an educational institution, whether public or
private in nature, including any secondary school, trade
school, professional school, or institution of higher
education on a full-time or on a part-time basis or has a
temporary residence in Missouri. "Part-time" in this
subdivision means for more than seven days in any twelve-
month period.
2. Any person to whom sections 589.400 to 589.425
apply shall, within three business days of adjudication,
release from incarceration, or placement upon probation,
register with the chief law enforcement official of the
county or city not within a county in which such person
resides unless such person has already registered in that
county for the same offense. For any juvenile under
subdivision (6) of subsection 1 of this section, within
three business days of adjudication or release from
commitment to the division of youth services, the department
of mental health, or other placement, such juvenile shall
register with the chief law enforcement official of the
county or city not within a county in which he or she
resides unless he or she has already registered in such
county or city not within a county for the same offense.
Any person to whom sections 589.400 to 589.425 apply if not
currently registered in their county of residence shall
register with the chief law enforcement official of such
county or city not within a county within three business
days. The chief law enforcement official shall forward a
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copy of the registration form required by section 589.407 to
a city, town, village, or campus law enforcement agency
located within the county of the chief law enforcement
official.
3. The registration requirements of sections 589.400
through 589.425 shall be as provided under subsection 4 of
this section unless:
(1) All offenses requiring registration are reversed,
vacated, or set aside;
(2) The registrant is no longer required to register
and his or her name shall be removed from the registry under
the provisions of section 589.414; or
(3) The court orders the removal or exemption of such
person from the registry under section 589.401.
4. The registration requirements shall be as follows:
(1) Fifteen years if the offender is a tier I sex
offender as provided under section 589.414;
(2) Twenty-five years if the offender is a tier II sex
offender as provided under section 589.414; or
(3) The life of the offender if the offender is a tier
III sex offender.
5. (1) The registration period shall be reduced as
described in subdivision (3) of this subsection for a sex
offender who maintains a clean record for the periods
described under subdivision (2) of this subsection by:
(a) Not being adjudicated of any offense for which
imprisonment for more than one year may be imposed;
(b) Not being adjudicated of any sex offense;
(c) Successfully completing any periods of supervised
release, probation, or parole; and
(d) Successfully completing an appropriate sex
offender treatment program certified by the attorney general.
(2) In the case of a:
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(a) Tier I sex offender, the period during which the
clean record shall be maintained is ten years;
(b) Tier III sex offender adjudicated delinquent for
the offense which required registration in a sex offender
registry under sections 589.400 to 589.425, the period
during which the clean record shall be maintained is twenty-
five years.
(3) In the case of a:
(a) Tier I sex offender, the reduction is five years;
(b) Tier III sex offender adjudicated delinquent, the
reduction is from life to that period for which the clean
record under paragraph (b) of subdivision (2) of this
subsection is maintained.
6. For processing an initial sex offender registration
the chief law enforcement officer of the county or city not
within a county may charge the offender registering a fee of
up to ten dollars.
7. For processing any change in registration required
pursuant to section 589.414 the chief law enforcement
official of the county or city not within a county may
charge the person changing their registration a fee of five
dollars for each change made after the initial registration.
8. Any person currently on the sexual offender
registry or who otherwise would be required to register for
being adjudicated for the offense of felonious restraint of
a nonsexual nature when the victim was a child and he or she
was the parent or guardian of the child, nonsexual child
abuse that was committed under section 568.060, or
kidnapping of a nonsexual nature when the victim was a child
and he or she was the parent or guardian of the child shall
be removed from the registry. However, such person shall
remain on the sexual offender registry for any other offense
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for which he or she is required to register under sections
589.400 to 589.425.
9. The following persons shall be exempt from
registering as a sexual offender upon petition to the court
of jurisdiction under section 589.401; except that, such
person shall remain on the sexual offender registry for any
other offense for which he or she is required to register
under sections 589.400 to 589.425:
(1) Any person currently on the sexual offender
registry or who otherwise would be required to register for
a sexual offense involving:
(a) Sexual conduct where no force or threat of force
was directed toward the victim or any other individual
involved, if the victim was an adult, unless the adult was
under the custodial authority of the offender at the time of
the offense; or
(b) Sexual conduct where no force or threat of force
was directed toward the victim, the victim was at least
fourteen years of age, and the offender was not more than
four years older than the victim at the time of the offense;
or
(2) Any person currently required to register for the
following sexual offenses:
(a) Promoting obscenity in the first degree under
section 573.020;
(b) Promoting obscenity in the second degree under
section 573.030;
(c) Furnishing pornographic materials to minors under
section 573.040;
(d) Public display of explicit sexual material under
section 573.060;
(e) Coercing acceptance of obscene material under
section 573.065;
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(f) Trafficking for the purpose of slavery,
involuntary servitude, peonage, or forced labor under
section 566.206;
(g) Abusing an individual through forced labor under
section 566.203;
(h) Contributing to human trafficking through the
misuse of documentation under section 566.215; or
(i) Acting as an international marriage broker and
failing to provide the information and notice as required
under section 578.475.
10. Any person currently on the sexual offender
registry for having been adjudicated for a tier I or II
offense or adjudicated delinquent for a tier III offense or
other comparable offenses listed under section 589.414 may
file a petition under section 589.401.
11. Any nonresident worker, including work as a
volunteer or intern, or nonresident student shall register
for the duration of such person's employment, including
participation as a volunteer or intern, or attendance at any
school of higher education whether public or private,
including any secondary school, trade school, professional
school, or institution of higher education on a full-time or
part-time basis in this state unless granted relief under
section 589.401. Any registered offender shall provide
information regarding any place in which the offender is
staying when away from his or her residence for seven or
more days, including the period of time the offender is
staying in such place. Any registered offender from another
state who has a temporary residence in this state and
resides more than seven days in a twelve-month period shall
register for the duration of such person's temporary
residency unless granted relief under section 589.401.
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589.414. 1. Any person required by sections 589.400
to 589.425 to register shall, within three business days,
appear in person to the chief law enforcement officer of the
county or city not within a county if there is a change to
any of the following information:
(1) Name;
(2) Residence;
(3) Employment, including status as a volunteer or
intern;
(4) Student status; or
(5) A termination to any of the items listed in this
subsection.
2. Any person required to register under sections
589.400 to 589.425 shall, within three business days, notify
the chief law enforcement official of the county or city not
within a county of any changes to the following information:
(1) Vehicle information;
(2) Temporary lodging information;
(3) Temporary residence information;
(4) Email addresses, instant messaging addresses, and
any other designations used in internet communications,
postings, or telephone communications; or
(5) Telephone or other cellular number, including any
new forms of electronic communication.
3. The chief law enforcement official in the county or
city not within a county shall immediately forward the
registration changes described under subsections 1 and 2 of
this section to the Missouri state highway patrol within
three business days.
4. If any person required by sections 589.400 to
589.425 to register changes such person's residence or
address to a different county or city not within a county,
the person shall appear in person and shall inform both the
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chief law enforcement official with whom the person last
registered and the chief law enforcement official of the
county or city not within a county having jurisdiction over
the new residence or address in writing within three
business days of such new address and phone number, if the
phone number is also changed. If any person required by
sections 589.400 to 589.425 to register changes his or her
state, territory, the District of Columbia, or foreign
country, or federal, tribal, or military jurisdiction of
residence, the person shall appear in person and shall
inform both the chief law enforcement official with whom the
person was last registered and the chief law enforcement
official of the area in the new state, territory, the
District of Columbia, or foreign country, or federal,
tribal, or military jurisdiction having jurisdiction over
the new residence or address within three business days of
such new address. Whenever a registrant changes residence,
the chief law enforcement official of the county or city not
within a county where the person was previously registered
shall inform the Missouri state highway patrol of the change
within three business days. When the registrant is changing
the residence to a new state, territory, the District of
Columbia, or foreign country, or federal, tribal, or
military jurisdiction, the Missouri state highway patrol
shall inform the responsible official in the new state,
territory, the District of Columbia, or foreign country, or
federal, tribal, or military jurisdiction of residence
within three business days.
5. Tier I sexual offenders, in addition to the
requirements of subsections 1 to 4 of this section, shall
report in person to the chief law enforcement official
annually in the month of their birth to verify the
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information contained in their statement made pursuant to
section 589.407. Tier I sexual offenders include:
(1) Any offender who has been adjudicated for the
offense of:
(a) Sexual abuse in the first degree under section
566.100 if the victim is eighteen years of age or older;
(b) Sexual misconduct involving a child under section
566.083 if it is a first offense and the punishment is less
than one year;
(c) Sexual abuse in the second degree under section
566.101 if the punishment is less than a year;
(d) Kidnapping in the second degree under section
565.120 with sexual motivation;
(e) Kidnapping in the third degree under section
565.130;
(f) Sexual conduct with a nursing facility resident or
vulnerable person in the first degree under section 566.115
if the punishment is less than one year;
(g) Sexual conduct under section 566.116 with a
nursing facility resident or vulnerable person;
(h) Sexual [contact with a prisoner or offender]
conduct in the course of public duty under section 566.145
if the victim is eighteen years of age or older;
(i) Sex with an animal under section 566.111;
(j) Trafficking for the purpose of sexual exploitation
under section 566.209 if the victim is eighteen years of age
or older;
(k) Possession of child pornography under section
573.037 as it existed prior to August 28, 2026;
(l) Possession of child sexual abuse material under
section 573.037;
(m) Sexual misconduct in the first degree under
section 566.093;
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[(m)] (n) Sexual misconduct in the second degree under
section 566.095;
[(n)] (o) Child molestation in the second degree under
section 566.068 as it existed prior to January 1, 2017, if
the punishment is less than one year; [or
(o)] (p) Invasion of privacy under section 565.252 if
the victim is less than eighteen years of age; or
(q) Grooming of a minor under section 566.152;
(2) Any offender who is or has been adjudicated in any
other state, territory, the District of Columbia, or foreign
country, or under federal, tribal, or military jurisdiction
of an offense of a sexual nature or with a sexual element
that is comparable to the tier I sexual offenses listed in
this subsection or, if not comparable to those in this
subsection, comparable to those described as tier I offenses
under the Sex Offender Registration and Notification Act,
Title I of the Adam Walsh Child Protection and Safety Act of
2006, Pub. L. 109-248.
6. Tier II sexual offenders, in addition to the
requirements of subsections 1 to 4 of this section, shall
report semiannually in person in the month of their birth
and six months thereafter to the chief law enforcement
official to verify the information contained in their
statement made pursuant to section 589.407. Tier II sexual
offenders include:
(1) Any offender who has been adjudicated for the
offense of:
(a) Statutory sodomy in the second degree under
section 566.064 if the victim is sixteen to seventeen years
of age;
(b) Child molestation in the third degree under
section 566.069 if the victim is between thirteen and
fourteen years of age;
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(c) Sexual contact with a student under section
566.086 if the victim is thirteen to seventeen years of age;
(d) Enticement of a child under section 566.151;
(e) Abuse of a child under section 568.060 if the
offense is of a sexual nature and the victim is thirteen to
seventeen years of age;
(f) Sexual exploitation of a minor under section
573.023;
(g) Promoting child pornography in the first degree
under section 573.025 as it existed prior to August 28, 2026;
(h) Promoting child sexual abuse material in the first
degree under section 573.025;
(i) Promoting child pornography in the second degree
under section 573.035 as it existed prior to August 28, 2026;
(j) Promoting child sexual abuse material in the
second degree under section 573.035;
[(i)] (k) Patronizing prostitution under section
567.030;
[(j)] (l) Sexual [contact with a prisoner or offender]
conduct in the course of public duty under section 566.145
if the victim is thirteen to seventeen years of age;
[(k)] (m) Child molestation in the fourth degree under
section 566.071 if the victim is thirteen to seventeen years
of age;
[(l)] (n) Sexual misconduct involving a child under
section 566.083 if it is a first offense and the penalty is
a term of imprisonment of more than a year; [or
(m)] (o) Age misrepresentation with intent to solicit
a minor under section 566.153;
(p) Nonconsensual dissemination of private sexual
images under section 573.110 if the victim is a minor or if
coercion of the victim was sexual in nature; or
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(q) Threatening the nonconsensual dissemination of
private sexual images under section 573.112 if the victim is
a minor or if coercion of the victim was sexual in nature;
(2) Any person who is adjudicated of an offense
comparable to a tier I offense listed in this section or
failure to register offense under section 589.425 or
comparable out-of-state failure to register offense and who
is already required to register as a tier I offender due to
having been adjudicated of a tier I offense on a previous
occasion; or
(3) Any person who is or has been adjudicated in any
other state, territory, the District of Columbia, or foreign
country, or under federal, tribal, or military jurisdiction
for an offense of a sexual nature or with a sexual element
that is comparable to the tier II sexual offenses listed in
this subsection or, if not comparable to those in this
subsection, comparable to those described as tier II
offenses under the Sex Offender Registration and
Notification Act, Title I of the Adam Walsh Child Protection
and Safety Act of 2006, Pub. L. 109-248.
7. Tier III sexual offenders, in addition to the
requirements of subsections 1 to 4 of this section, shall
report in person to the chief law enforcement official every
ninety days to verify the information contained in their
statement made under section 589.407. Tier III sexual
offenders include:
(1) Any offender registered as a predatory [sexual
offender as defined in section 566.123 or a] or persistent
sexual offender as defined in section [566.124] 566.125;
(2) Any offender who has been adjudicated for the
crime of:
(a) Rape in the first degree under section 566.030;
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(b) Statutory rape in the first degree under section
566.032;
(c) Rape in the second degree under section 566.031;
(d) Endangering the welfare of a child in the first
degree under section 568.045 if the offense is sexual in
nature;
(e) Sodomy in the first degree under section 566.060;
(f) Statutory sodomy under section 566.062;
(g) Statutory sodomy under section 566.064 if the
victim is under sixteen years of age;
(h) Sodomy in the second degree under section 566.061;
(i) Sexual misconduct involving a child under section
566.083 if the offense is a second or subsequent offense;
(j) Sexual abuse in the first degree under section
566.100 if the victim is under thirteen years of age;
(k) Kidnapping in the first degree under section
565.110 if the victim is under eighteen years of age,
excluding kidnapping by a parent or guardian;
(l) Child kidnapping under section 565.115;
(m) Sexual conduct with a nursing facility resident or
vulnerable person in the first degree under section 566.115
if the punishment is greater than a year;
(n) Incest under section 568.020;
(o) Endangering the welfare of a child in the first
degree under section 568.045 with sexual intercourse or
deviate sexual intercourse with a victim under eighteen
years of age;
(p) Child molestation in the first degree under
section 566.067;
(q) Child molestation in the second degree under
section 566.068;
(r) Child molestation in the third degree under
section 566.069 if the victim is under thirteen years of age;
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(s) Promoting prostitution in the first degree under
section 567.050 if the victim is under eighteen years of age;
(t) Promoting prostitution in the second degree under
section 567.060 if the victim is under eighteen years of age;
(u) Promoting prostitution in the third degree under
section 567.070 if the victim is under eighteen years of age;
(v) Promoting travel for prostitution under section
567.085 if the victim is under eighteen years of age;
(w) Trafficking for the purpose of sexual exploitation
under section 566.209 if the victim is under eighteen years
of age;
(x) Sexual trafficking of a child in the first degree
under section 566.210;
(y) Sexual trafficking of a child in the second degree
under section 566.211;
(z) Genital mutilation of a female child under section
568.065;
(aa) Statutory rape in the second degree under section
566.034;
(bb) Child molestation in the fourth degree under
section 566.071 if the victim is under thirteen years of age;
(cc) Sexual abuse in the second degree under section
566.101 if the penalty is a term of imprisonment of more
than a year;
(dd) Patronizing prostitution under section 567.030 if
the offender is a persistent offender;
(ee) Abuse of a child under section 568.060 if the
offense is of a sexual nature and the victim is under
thirteen years of age;
(ff) Sexual [contact with a prisoner or offender]
conduct in the course of public duty under section 566.145
if the victim is under thirteen years of age;
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(gg) [Sexual intercourse with a prisoner or offender
under section 566.145;
(hh)] Sexual contact with a student under section
566.086 if the victim is under thirteen years of age;
[(ii)] (hh) Use of a child in a sexual performance
under section 573.200; or
[(jj)] (ii) Promoting a sexual performance by a child
under section 573.205;
(3) Any offender who is adjudicated for a crime
comparable to a tier I or tier II offense listed in this
section or failure to register offense under section
589.425, or other comparable out-of-state failure to
register offense, who has been or is already required to
register as a tier II offender because of having been
adjudicated for a tier II offense, two tier I offenses, or
combination of a tier I offense and failure to register
offense, on a previous occasion;
(4) Any offender who is adjudicated in any other
state, territory, the District of Columbia, or foreign
country, or under federal, tribal, or military jurisdiction
for an offense of a sexual nature or with a sexual element
that is comparable to a tier III offense listed in this
section or a tier III offense under the Sex Offender
Registration and Notification Act, Title I of the Adam Walsh
Child Protection and Safety Act of 2006, Pub. L. 109-248; or
(5) Any offender who is adjudicated in Missouri for
any offense of a sexual nature requiring registration under
sections 589.400 to 589.425 that is not classified as a tier
I or tier II offense in this section.
8. In addition to the requirements of subsections 1 to
7 of this section, all Missouri registrants who work,
including as a volunteer or unpaid intern, or attend any
school whether public or private, including any secondary
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school, trade school, professional school, or institution of
higher education, on a full-time or part-time basis or have
a temporary residence in this state shall be required to
report in person to the chief law enforcement officer in the
area of the state where they work, including as a volunteer
or unpaid intern, or attend any school or training and
register in that state. "Part-time" in this subsection
means for more than seven days in any twelve-month period.
9. If a person who is required to register as a sexual
offender under sections 589.400 to 589.425 changes or
obtains a new online identifier as defined in section
43.651, the person shall report such information in the same
manner as a change of residence before using such online
identifier.
590.050. 1. (1) The POST commission shall establish
requirements for the continuing education of all peace
officers.
(2) Each peace officer shall be required to receive
two hours of sex and human trafficking training consistent
with the guidelines established in section 210.1505 within
the law enforcement continuing education one-year reporting
period. The provisions of this subdivision shall become
effective on January 1, 2027, and shall expire on December
31, 2031.
(3) Peace officers who make traffic stops shall be
required to receive three hours of training within the law
enforcement continuing education three-year reporting period
concerning the prohibition against racial profiling and such
training shall promote understanding and respect for racial
and cultural differences and the use of effective,
noncombative methods for carrying out law enforcement duties
in a racially and culturally diverse environment.
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2. The director shall license continuing education
providers and may probate, suspend and revoke such licenses
upon written notice stating the reasons for such action.
Any person aggrieved by a decision of the director pursuant
to this subsection may appeal as provided in chapter 536.
3. The costs of continuing law enforcement education
shall be reimbursed in part by moneys from the peace officer
standards and training commission fund created in section
590.178, subject to availability of funds, except that no
such funds shall be used for the training of any person not
actively commissioned or employed by a county or municipal
law enforcement agency.
4. The director may engage in any activity intended to
further the professionalism of peace officers through
training and education, including the provision of
specialized training through the department of public safety.
595.045. 1. There is established in the state
treasury the "Crime Victims' Compensation Fund". A
surcharge of seven dollars and fifty cents shall be assessed
as costs in each court proceeding filed in any court in the
state in all criminal cases including violations of any
county ordinance or any violation of criminal or traffic
laws of the state, including an infraction and violation of
a municipal ordinance; except that no such fee shall be
collected in any proceeding in any court when the proceeding
or the defendant has been dismissed by the court or when
costs are to be paid by the state, county, or municipality.
A surcharge of seven dollars and fifty cents shall be
assessed as costs in a juvenile court proceeding in which a
child is found by the court to come within the applicable
provisions of subdivision (3) of subsection 1 of section
211.031.
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2. Notwithstanding any other provision of law to the
contrary, the moneys collected by clerks of the courts
pursuant to the provisions of subsection 1 of this section
shall be collected and disbursed in accordance with sections
488.010 to 488.020 and shall be payable to the director of
the department of revenue.
3. The director of revenue shall deposit annually the
amount of two hundred fifty thousand dollars to the state
forensic laboratory account administered by the department
of public safety to provide financial assistance to defray
expenses of crime laboratories if such analytical
laboratories are registered with the federal Drug
Enforcement Agency or the Missouri department of health and
senior services. Subject to appropriations made therefor,
such funds shall be distributed by the department of public
safety to the crime laboratories serving the courts of this
state making analysis of a controlled substance or analysis
of blood, breath or urine in relation to a court proceeding.
4. The remaining funds collected under subsection 1 of
this section shall be denoted to the payment of an annual
appropriation for the administrative and operational costs
of the office for victims of crime and, if a statewide
automated crime victim notification system is established
pursuant to section 650.310, to the monthly payment of
expenditures actually incurred in the operation of such
system. Additional remaining funds shall be subject to the
following provisions:
(1) On the first of every month, the director of
revenue or the director's designee shall determine the
balance of the funds in the crime victims' compensation fund
available to satisfy the amount of compensation payable
pursuant to sections 595.010 to 595.075, excluding sections
595.050 and 595.055;
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(2) Beginning on September 1, 2004, and on the first
of each month, the director of revenue or the director's
designee shall deposit fifty percent of the balance of funds
available to the credit of the crime victims' compensation
fund and fifty percent to the services to victims' fund
established in section 595.100.
5. The director of revenue or such director's designee
shall at least monthly report the moneys paid pursuant to
this section into the crime victims' compensation fund and
the services to victims fund to the department of public
safety.
6. The moneys collected by clerks of municipal courts
pursuant to subsection 1 of this section shall be collected
and disbursed as provided by sections 488.010 to 488.020.
Five percent of such moneys shall be payable to the city
treasury of the city from which such funds were collected.
The remaining ninety-five percent of such moneys shall be
payable to the director of revenue. The funds received by
the director of revenue pursuant to this subsection shall be
distributed as follows:
(1) On the first of every month, the director of
revenue or the director's designee shall determine the
balance of the funds in the crime victims' compensation fund
available to satisfy the amount of compensation payable
pursuant to sections 595.010 to 595.075, excluding sections
595.050 and 595.055;
(2) Beginning on September 1, 2004, and on the first
of each month the director of revenue or the director's
designee shall deposit fifty percent of the balance of funds
available to the credit of the crime victims' compensation
fund and fifty percent to the services to victims' fund
established in section 595.100.
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7. These funds shall be subject to a biennial audit by
the Missouri state auditor. Such audit shall include all
records associated with crime victims' compensation funds
collected, held or disbursed by any state agency.
8. In addition to the moneys collected pursuant to
subsection 1 of this section, the court shall enter a
judgment in favor of the state of Missouri, payable to the
crime victims' compensation fund, of sixty-eight dollars
upon a plea of guilty or a finding of guilt for a class A or
B felony; forty-six dollars upon a plea of guilty or finding
of guilt for a class C, D, or E felony; five hundred dollars
but not more than five thousand dollars upon a plea of
guilty or a finding of guilt for the offense of
nonconsensual dissemination of private sexual images under
section 573.110 or the offense of threatening the
nonconsensual dissemination of private sexual images under
section 573.112; and ten dollars upon a plea of guilty or a
finding of guilt for any misdemeanor under Missouri law
except for those in chapter 252 relating to fish and game,
chapter 302 relating to drivers' and commercial drivers'
license, chapter 303 relating to motor vehicle financial
responsibility, chapter 304 relating to traffic regulations,
chapter 306 relating to watercraft regulation and licensing,
and chapter 307 relating to vehicle equipment regulations.
Any clerk of the court receiving moneys pursuant to such
judgments shall collect and disburse such crime victims'
compensation judgments in the manner provided by sections
488.010 to 488.020. Such funds shall be payable to the
state treasury and deposited to the credit of the crime
victims' compensation fund.
9. The clerk of the court processing such funds shall
maintain records of all dispositions described in subsection
1 of this section and all dispositions where a judgment has
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been entered against a defendant in favor of the state of
Missouri in accordance with this section; all payments made
on judgments for alcohol-related traffic offenses; and any
judgment or portion of a judgment entered but not
collected. These records shall be subject to audit by the
state auditor. The clerk of each court transmitting such
funds shall report separately the amount of dollars
collected on judgments entered for alcohol-related traffic
offenses from other crime victims' compensation collections
or services to victims collections.
10. The department of revenue shall maintain records
of funds transmitted to the crime victims' compensation fund
by each reporting court and collections pursuant to
subsection 16 of this section and shall maintain separate
records of collection for alcohol-related offenses.
11. The state courts administrator shall include in
the annual report required by section 476.350 the circuit
court caseloads and the number of crime victims'
compensation judgments entered.
12. All awards made to injured victims under sections
595.010 to 595.105 and all appropriations for administration
of sections 595.010 to 595.105, except sections 595.050 and
595.055, shall be made from the crime victims' compensation
fund. Any unexpended balance remaining in the crime
victims' compensation fund at the end of each biennium shall
not be subject to the provision of section 33.080 requiring
the transfer of such unexpended balance to the ordinary
revenue fund of the state, but shall remain in the crime
victims' compensation fund. In the event that there are
insufficient funds in the crime victims' compensation fund
to pay all claims in full, all claims shall be paid on a pro
rata basis. If there are no funds in the crime victims'
compensation fund, then no claim shall be paid until funds
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have again accumulated in the crime victims' compensation
fund. When sufficient funds become available from the fund,
awards which have not been paid shall be paid in
chronological order with the oldest paid first. In the
event an award was to be paid in installments and some
remaining installments have not been paid due to a lack of
funds, then when funds do become available that award shall
be paid in full. All such awards on which installments
remain due shall be paid in full in chronological order
before any other postdated award shall be paid. Any award
pursuant to this subsection is specifically not a claim
against the state, if it cannot be paid due to a lack of
funds in the crime victims' compensation fund.
13. When judgment is entered against a defendant as
provided in this section and such sum, or any part thereof,
remains unpaid, there shall be withheld from any
disbursement, payment, benefit, compensation, salary, or
other transfer of money from the state of Missouri to such
defendant an amount equal to the unpaid amount of such
judgment. Such amount shall be paid forthwith to the crime
victims' compensation fund and satisfaction of such judgment
shall be entered on the court record. Under no
circumstances shall the general revenue fund be used to
reimburse court costs or pay for such judgment. The
director of the department of corrections shall have the
authority to pay into the crime victims' compensation fund
from an offender's compensation or account the amount owed
by the offender to the crime victims' compensation fund,
provided that the offender has failed to pay the amount owed
to the fund prior to entering a correctional facility of the
department of corrections.
14. All interest earned as a result of investing funds
in the crime victims' compensation fund shall be paid into
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the crime victims' compensation fund and not into the
general revenue of this state.
15. Any person who knowingly makes a fraudulent claim
or false statement in connection with any claim hereunder is
guilty of a class A misdemeanor.
16. The department may receive gifts and contributions
for the benefit of crime victims. Such gifts and
contributions shall be credited to the crime victims'
compensation fund as used solely for compensating victims
under the provisions of sections 595.010 to 595.075.
595.047. 1. (1) There is hereby created in the state
treasury the "Missouri Crime Victims Fund", which shall
consist of moneys appropriated by the general assembly and
any gifts, contributions, grants, or other donations from
any public or private source. The state treasurer shall be
custodian of the fund. In accordance with sections 30.170
and 30.180, the state treasurer may approve disbursements.
The fund shall be a dedicated fund and, upon appropriation,
moneys in this fund shall be used solely as provided in this
section.
(2) Notwithstanding the provisions of section 33.080
to the contrary, any moneys remaining in the fund at the end
of the biennium shall not revert to the credit of the
general revenue fund.
(3) The state treasurer shall invest moneys in the
fund in the same manner as other funds are invested. Any
interest and moneys earned on such investments shall be
credited to the fund.
2. Moneys in the Missouri crime victims fund shall be
disbursed to entitlement jurisdictions, eligible entities,
or local governmental entities that are eligible for victim
assistance grants under the federal Victims of Crime Act,
Pub. L. 98-473, and related regulations, and such
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jurisdictions and entities shall use such moneys for the
same purposes as an entitlement jurisdiction, eligible
entity, or local governmental entity may use victim
assistance grants under the federal Victims of Crime Act,
Pub. L. 98-473, and related regulations.
610.131. 1. Notwithstanding the provisions of section
610.140 to the contrary, a person who [at the time of the
offense was under the age of eighteen, and] has pleaded
guilty to or has been convicted [for] of the offense of
prostitution under section 567.020 may apply to the court in
which he or she pled guilty or was sentenced for an order to
expunge from all official records all recordations of his or
her arrest, plea, trial, or conviction. If the court
determines that such person [was under the age of eighteen
or] was acting under the coercion, as defined in section
566.200, of an agent when committing the offense that
resulted in a plea of guilty or conviction under section
567.020, the court shall enter an order of expungement.
2. Upon granting of the order of expungement, the
records and files maintained in any administrative or court
proceeding in an associate or circuit division of the
circuit court under this section shall be confidential and
only available to the parties or by order of the court for
good cause shown. The effect of such order shall be to
restore such person to the status he or she occupied prior
to such arrest, plea, or conviction and as if such event had
never taken place. No person as to whom such order has been
entered shall be held thereafter under any provision of any
law to be guilty of perjury or otherwise giving a false
statement by reason of his or her failure to recite or
acknowledge such arrest, plea, trial, conviction, or
expungement in response to any inquiry made of him or her
for any purpose whatsoever and no such inquiry shall be made
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for information relating to an expungement under this
section.
650.120. 1. There is hereby created in the state
treasury the "Cyber Crime Investigation Fund". The
treasurer shall be custodian of the fund and may approve
disbursements from the fund in accordance with sections
30.170 and 30.180. The department of public safety shall be
the administrator of the fund. Moneys in the fund shall be
used solely for the administration of the grant program
established under this section. Notwithstanding the
provisions of section 33.080 to the contrary, any moneys
remaining in the fund at the end of the biennium shall not
revert to the credit of the general revenue fund. The state
treasurer shall invest moneys in the fund in the same manner
as other funds are invested. Any interest and moneys earned
on such investments shall be credited to the fund.
2. The department of public safety shall create a
program to distribute grants to multijurisdictional internet
cyber crime law enforcement task forces, multijurisdictional
enforcement groups, as defined in section 650.153, that are
investigating internet sex crimes against children, and
other law enforcement agencies. The program shall be funded
by the cyber crime investigation fund created under
subsection 1 of this section. Not more than three percent
of the money in the fund may be used by the department to
pay the administrative costs of the grant program. The
grants shall be awarded and used to pay the salaries of
detectives and computer forensic personnel whose focus is
investigating internet sex crimes against children,
including but not limited to enticement of a child,
possession or promotion of child [pornography] sexual abuse
material, provide funding for the training of law
enforcement personnel and prosecuting and circuit attorneys
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as well as their assistant prosecuting and circuit
attorneys, and purchase necessary equipment, supplies, and
services. The funding for such training may be used to
cover the travel expenses of those persons participating.
3. A panel is hereby established in the department of
public safety to award grants under this program and shall
be comprised of the following members:
(1) The director of the department of public safety,
or his or her designee;
(2) Two members appointed by the director of the
department of public safety from a list of six nominees
submitted by the Missouri Police Chiefs Association;
(3) Two members appointed by the director of the
department of public safety from a list of six nominees
submitted by the Missouri Sheriffs' Association;
(4) Two members of the state highway patrol appointed
by the director of the department of public safety from a
list of six nominees submitted by the Missouri State
Troopers Association;
(5) One member of the house of representatives
appointed by the speaker of the house of representatives; and
(6) One member of the senate appointed by the
president pro tem.
The panel members who are appointed under subdivisions
(2), (3), and (4) of this subsection shall serve a four-year
term ending four years from the date of expiration of the
term for which his or her predecessor was appointed.
However, a person appointed to fill a vacancy prior to the
expiration of such a term shall be appointed for the
remainder of the term. Such members shall hold office for
the term of his or her appointment and until a successor is
appointed. The members of the panel shall receive no
additional compensation but shall be eligible for
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reimbursement for mileage directly related to the
performance of panel duties.
4. Local matching amounts, which may include new or
existing funds or in-kind resources including but not
limited to equipment or personnel, are required for
multijurisdictional internet cyber crime law enforcement
task forces and other law enforcement agencies to receive
grants awarded by the panel. Such amounts shall be
determined by the state appropriations process or by the
panel.
5. When awarding grants, priority should be given to
newly hired detectives and computer forensic personnel.
6. The panel shall establish minimum training
standards for detectives and computer forensic personnel
participating in the grant program established in subsection
2 of this section.
7. Multijurisdictional internet cyber crime law
enforcement task forces and other law enforcement agencies
participating in the grant program established in subsection
2 of this section shall share information and cooperate with
the highway patrol and with existing internet crimes against
children task force programs.
8. The panel may make recommendations to the general
assembly regarding the need for additional resources or
appropriations.
9. The power of arrest of any peace officer who is
duly authorized as a member of a multijurisdictional
internet cyber crime law enforcement task force shall only
be exercised during the time such peace officer is an active
member of such task force and only within the scope of the
investigation on which the task force is working.
Notwithstanding other provisions of law to the contrary,
such task force officer shall have the power of arrest, as
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limited in this subsection, anywhere in the state and shall
provide prior notification to the chief of police of a
municipality or the sheriff of the county in which the
arrest is to take place. If exigent circumstances exist,
such arrest may be made and notification shall be made to
the chief of police or sheriff as appropriate and as soon as
practical. The chief of police or sheriff may elect to work
with the multijurisdictional internet cyber crime law
enforcement task force at his or her option when such task
force is operating within the jurisdiction of such chief of
police or sheriff.
[10. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under
this section shall be reauthorized on August 28, 2014, and
shall expire on December 31, 2024, unless reauthorized by an
act of the general assembly; and
(2) If such program is reauthorized, the program
authorized under this section shall sunset automatically
twelve years after the effective date of the reauthorization
of this section; and
(3) This section shall terminate on September first of
the calendar year immediately following the calendar year in
which the program authorized under this section is sunset.]
660.520. 1. There is hereby established in the
department of social services a special team, to be known as
the "state technical assistance team", to assist in cases of
child abuse, child neglect, child sexual abuse, child
exploitation, child [pornography] sexual abuse material, or
child fatality. It shall be the priority of the team to
focus on those cases in which more than one report has been
received. The team shall:
(1) Provide assistance, expertise, and training to
child protection agencies and multidisciplinary teams for
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the investigation and prosecution of child abuse, child
neglect, child sexual abuse, child exploitation, child
[pornography] sexual abuse material, or child fatality cases;
(2) Assist in the investigation of child abuse, child
neglect, child sexual abuse, child exploitation, child
[pornography] sexual abuse material, or child fatality
cases, upon the request of a local, county, state, or
federal law enforcement agency, county, state, or federal
prosecutor, a representative of the family courts, medical
examiner, coroner, juvenile officer, or department of social
services staff. Upon being requested to assist in an
investigation, the state technical assistance team shall
notify appropriate parties specified in this subdivision of
the team's involvement. State technical assistance team
investigators licensed as peace officers by the director of
the department of public safety pursuant to chapter 590
shall be deemed to be peace officers within the state of
Missouri while acting in an investigation or on behalf of a
child. The power of arrest of a state technical assistance
team investigator acting as a peace officer shall be limited
to offenses involving child abuse, child neglect, child
sexual abuse, child exploitation, child [pornography] sexual
abuse material, child fatality, or in situations of imminent
danger to the investigator or another person;
(3) Assist county multidisciplinary teams to develop
and implement protocols for the investigation and
prosecution of child abuse, child neglect, child sexual
abuse, child exploitation, child [pornography] sexual abuse
material, or child fatality cases.
2. The team may call upon the expertise of the office
of the attorney general, the Missouri office of prosecution
services, the state highway patrol, the department of health
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and senior services, the department of mental health or any
other agency or institution.
3. Each county may develop a multidisciplinary team
for the purpose of determining the appropriate investigative
and therapeutic action to be initiated on complaints
referenced in subsection 1 of this section reported to the
children's division. The multidisciplinary team may
include, but is not limited to, a prosecutor, or his or her
representative, an investigator from the children's
division, a physician, a representative from a mental health
care services agency and a representative of the police
agency of primary jurisdiction.
4. All reports and records made and maintained by the
state technical assistance team or local law enforcement
relating to criminal investigations conducted pursuant to
this section, including arrests, shall be available in the
same manner as law enforcement records, as set forth in
sections 610.100 to 610.200, and to the individuals
identified in subdivision (13) of subsection 2 of section
210.150. All other records shall be available in the same
manner as provided for in section 210.150.