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5463S.04C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 928
AN ACT
To repeal sections 455.050, 565.002, 565.050,
565.052, 565.054, 565.056, 565.072, 565.073, 565.074,
565.076, 565.090, 565.091, 565.225, and 565.227,
RSMo, and to enact in lieu thereof twenty -one new
sections relating to criminal offenses, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 455.050, 565.002, 565.050, 565.052,
565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.090,
565.091, 565.225, and 565.227, RSMo, are repealed and twenty -
one new sections enacted in lieu thereof, to be known as
sections 27.117, 455.050, 544.667, 565.002, 565.050, 565.052,
565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.090,
565.091, 565.225, 565.227, 565.260, 565.400, 565.405, 573.570,
and 573.575, to read as follows:
27.117. The attorney general shall have concurrent
jurisdiction with any and all prosecuting attorneys to
prosecute persons in violation of sections 565.090, 565.091,
565.225, 565.227, 565.400, 565.405, 573.570, or 573.575,
where the offense occurred in more than one jurisdiction of
the state.
455.050. 1. Any full or ex parte order of protection
granted pursuant to sections 455.010 to 455.085 shall be to
protect the petitioner from cyberstalking, domestic
violence, stalking, or sexual assault and may include such
terms as the court reasonably deems necessary to ensure the
petitioner's safety, including but not limited to:
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(1) Temporarily enjoining the respondent from
committing or threatening to commit cyberstalking, domestic
violence, molesting, stalking, sexual assault, or disturbing
the peace of the petitioner, including violence against a
pet;
(2) Temporarily enjoining the respondent from entering
the premises of the dwelling unit of the petitioner when the
dwelling unit is:
(a) Jointly owned, leased or rented or jointly
occupied by both parties; or
(b) Owned, leased, rented or occupied by petitioner
individually; or
(c) Jointly owned, leased, rented or occupied by
petitioner and a person other than respondent; provided,
however, no spouse shall be denied relief pursuant to this
section by reason of the absence of a property interest in
the dwelling unit; or
(d) Jointly occupied by the petitioner and a person
other than respondent; provided that the respondent has no
property interest in the dwelling unit; or
(3) Temporarily enjoining the respondent from
communicating with the petitioner in any manner or through
any medium.
2. Mutual orders of protection are prohibited unless
both parties have properly filed written petitions and
proper service has been made in accordance with sections
455.010 to 455.085.
3. When the court has, after a hearing for any full
order of protection, issued an order of protection, it may,
in addition:
(1) Award custody of any minor child born to or
adopted by the parties when the court has jurisdiction over
such child and no prior order regarding custody is pending
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or has been made, and the best interests of the child
require such order be issued;
(2) Establish a visitation schedule that is in the
best interests of the child;
(3) Award child support in accordance with supreme
court rule 88.01 and chapter 452;
(4) Award maintenance to petitioner when petitioner
and respondent are lawfully married in accordance with
chapter 452;
(5) Order respondent to make or to continue to make
rent or mortgage payments on a residence occupied by the
petitioner if the respondent is found to have a duty to
support the petitioner or other dependent household members;
(6) Order the respondent to pay the petitioner's rent
at a residence other than the one previously shared by the
parties if the respondent is found to have a duty to support
the petitioner and the petitioner requests alternative
housing;
(7) Order that the petitioner be given temporary
possession of specified personal property, such as
automobiles, checkbooks, keys, and other personal effects;
(8) Prohibit the respondent from transferring,
encumbering, or otherwise disposing of specified property
mutually owned or leased by the parties;
(9) Order the respondent to participate in a court-
approved counseling program designed to help batterers stop
violent behavior or to participate in a substance abuse
treatment program;
(10) Order the respondent to pay a reasonable fee for
housing and other services that have been provided or that
are being provided to the petitioner by a shelter for
victims of domestic violence;
(11) Order the respondent to pay court costs;
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(12) Order the respondent to pay the cost of medical
treatment and services that have been provided or that are
being provided to the petitioner as a result of injuries
sustained to the petitioner by an act of domestic violence
committed by the respondent;
(13) Award possession and care of any pet, along with
any moneys necessary to cover medical costs that may have
resulted from abuse of the pet.
4. A verified petition seeking orders for maintenance,
support, custody, visitation, payment of rent, payment of
monetary compensation, possession of personal property,
prohibiting the transfer, encumbrance, or disposal of
property, or payment for services of a shelter for victims
of domestic violence, shall contain allegations relating to
those orders and shall pray for the orders desired.
5. In making an award of custody, the court shall
consider all relevant factors including the presumption that
the best interests of the child will be served by placing
the child in the custody and care of the nonabusive parent,
unless there is evidence that both parents have engaged in
abusive behavior, in which case the court shall not consider
this presumption but may appoint a guardian ad litem or a
court-appointed special advocate to represent the children
in accordance with chapter 452 and shall consider all other
factors in accordance with chapter 452.
6. The court shall grant to the noncustodial parent
rights to visitation with any minor child born to or adopted
by the parties, unless the court finds, after hearing, that
visitation would endanger the child's physical health,
impair the child's emotional development or would otherwise
conflict with the best interests of the child, or that no
visitation can be arranged which would sufficiently protect
the custodial parent from further domestic violence. The
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court may appoint a guardian ad litem or court-appointed
special advocate to represent the minor child in accordance
with chapter 452 whenever the custodial parent alleges that
visitation with the noncustodial parent will damage the
minor child.
7. The court shall make an order requiring the
noncustodial party to pay an amount reasonable and necessary
for the support of any child to whom the party owes a duty
of support when no prior order of support is outstanding and
after all relevant factors have been considered, in
accordance with Missouri supreme court rule 88.01 and
chapter 452.
8. The court may grant a maintenance order to a party
for a period of time, not to exceed one hundred eighty
days. Any maintenance ordered by the court shall be in
accordance with chapter 452.
9. (1) The court may, in order to ensure that a
petitioner can maintain an existing wireless telephone
number or numbers, issue an order, after notice and an
opportunity to be heard, directing a wireless service
provider to transfer the billing responsibility for and
rights to the wireless telephone number or numbers to the
petitioner, if the petitioner is not the wireless service
accountholder.
(2) (a) The order transferring billing responsibility
for and rights to the wireless telephone number or numbers
to the petitioner shall list the name and billing telephone
number of the accountholder, the name and contact
information of the person to whom the telephone number or
numbers will be transferred, and each telephone number to be
transferred to that person. The court shall ensure that the
contact information of the petitioner is not provided to the
accountholder in proceedings held under this chapter.
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(b) Upon issuance, a copy of the full order of
protection shall be transmitted, either electronically or by
certified mail, to the wireless service provider's
registered agent listed with the secretary of state, or
electronically to the email address provided by the wireless
service provider. Such transmittal shall constitute
adequate notice for the wireless service provider acting
under this section and section 455.523.
(c) If the wireless service provider cannot
operationally or technically effectuate the order due to
certain circumstances, the wireless service provider shall
notify the petitioner within three business days. Such
circumstances shall include, but not be limited to, the
following:
a. The accountholder has already terminated the
account;
b. The differences in network technology prevent the
functionality of a device on the network; or
c. There are geographic or other limitations on
network or service availability.
(3) (a) Upon transfer of billing responsibility for
and rights to a wireless telephone number or numbers to the
petitioner under this subsection by a wireless service
provider, the petitioner shall assume all financial
responsibility for the transferred wireless telephone number
or numbers, monthly service costs, and costs for any mobile
device associated with the wireless telephone number or
numbers.
(b) This section shall not preclude a wireless service
provider from applying any routine and customary
requirements for account establishment to the petitioner as
part of this transfer of billing responsibility for a
wireless telephone number or numbers and any devices
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attached to that number or numbers including, but not
limited to, identification, financial information, and
customer preferences.
(4) This section shall not affect the ability of the
court to apportion the assets and debts of the parties as
provided for in law, or the ability to determine the
temporary use, possession, and control of personal property.
(5) No cause of action shall lie against any wireless
service provider, its officers, employees, or agents, for
actions taken in accordance with the terms of a court order
issued under this section.
(6) As used in this section and section 455.523, a
"wireless service provider" means a provider of commercial
mobile service under Section 332(d) of the Federal
[Telecommunications Act of 1996] Communications Act of 1934
(47 U.S.C. Section [151, et seq.] 332).
544.667. In addition to the forfeiture of any security
which was given or pledged for a person's release, any
person who, having been released upon a recognizance or bond
pursuant to any other provisions of law while pending
preliminary hearing, trial, sentencing, appeal, probation or
parole revocation, or any other stage of a criminal matter
against him or her, knowingly violates any condition of
release that imposes no contact with specific individuals
shall be guilty of a class A misdemeanor.
565.002. As used in this chapter, unless a different
meaning is otherwise plainly required the following terms
mean:
(1) "Adequate cause", cause that would reasonably
produce a degree of passion in a person of ordinary
temperament sufficient to substantially impair an ordinary
person's capacity for self-control;
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(2) "Bodily harm", physical pain or injury, illness,
or any impairment of physical condition;
(3) "Child", a person under seventeen years of age;
[(3)] (4) "Conduct", includes any act or omission;
[(4)] (5) "Course of conduct", a pattern of conduct
composed of two or more acts, which may include
communication by any means, over a period of time, however
short, evidencing a continuity of purpose. Constitutionally
protected activity is not included within the meaning of
course of conduct. Such constitutionally protected activity
includes picketing or other organized protests;
[(5)] (6) "Deliberation", cool reflection for any
length of time no matter how brief;
[(6)] (7) "Domestic victim", a household or family
member as the term "family" or "household member" is defined
in section 455.010, including any child who is a member of
the household or family;
[(7)] (8) "Emotional distress", something markedly
greater than the level of uneasiness, nervousness,
unhappiness, or the like which are commonly experienced in
day-to-day living;
[(8)] (9) "Full or partial nudity", the showing of all
or any part of the human genitals, pubic area, buttock, or
any part of the nipple of the breast of any female person,
with less than a fully opaque covering;
[(9)] (10) "Great bodily harm", bodily injury which
creates a high probability of death, or which causes serious
permanent or protracted loss or impairment of function of
any bodily member or organ, or other serious bodily harm;
(11) "Legal custody", the right to the care, custody
and control of a child;
[(10)] (12) "Parent", either a biological parent or a
parent by adoption;
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[(11)] (13) "Person having a right of custody", a
parent or legal guardian of the child;
[(12)] (14) "Photographs" or "films", the making of
any photograph, motion picture film, videotape, or any other
recording or transmission of the image of a person;
[(13)] (15) "Place where a person would have a
reasonable expectation of privacy", any place where a
reasonable person would believe that a person could disrobe
in privacy, without being concerned that the person's
undressing was being viewed, photographed or filmed by
another;
[(14)] (16) "Special victim", any of the following:
(a) A law enforcement officer assaulted in the
performance of his or her official duties or as a direct
result of such official duties;
(b) Emergency personnel, any paid or volunteer
firefighter, emergency room, hospital, or trauma center
personnel, or emergency medical technician, assaulted in the
performance of his or her official duties or as a direct
result of such official duties;
(c) A probation and parole officer assaulted in the
performance of his or her official duties or as a direct
result of such official duties;
(d) An elderly person;
(e) A person with a disability;
(f) A vulnerable person;
(g) Any jailer or corrections officer of the state or
one of its political subdivisions assaulted in the
performance of his or her official duties or as a direct
result of such official duties;
(h) A highway worker in a construction or work zone as
the terms "highway worker", "construction zone", and "work
zone" are defined under section 304.580;
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(i) Any utility worker, meaning any employee of a
utility that provides gas, heat, electricity, water, steam,
telecommunications services, or sewer services, whether
privately, municipally, or cooperatively owned, while in the
performance of his or her job duties, including any person
employed under a contract;
(j) Any cable worker, meaning any employee of a cable
operator, as such term is defined in section 67.2677,
including any person employed under contract, while in the
performance of his or her job duties; and
(k) Any employee of a mass transit system, including
any employee of public bus or light rail companies, while in
the performance of his or her job duties;
[(15)] (17) "Substantial bodily harm", bodily injury
which involves a temporary but substantial disfigurement, or
which causes temporary but substantial loss or impairment of
the function of any bodily member or organ, or which causes
a fracture of any bodily member;
(18) "Sudden passion", passion directly caused by and
arising out of provocation by the victim or another acting
with the victim which passion arises at the time of the
offense and is not solely the result of former provocation;
[(16)] (19) "Technological abuse conduct", an act or
pattern of behavior that is intended to harm, threaten,
intimidate, control, stalk, harass, monitor, except as
otherwise permitted by law, another person, that occurs
using any form of technology, including internet enabled
devices, online platforms, computers, mobile devices,
cameras and imaging programs, apps, location tracking
devices, or any other emerging technologies;
(20) "Trier", the judge or jurors to whom issues of
fact, guilt or innocence, or the assessment and declaration
of punishment are submitted for decision;
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[(17)] (21) "Views", the looking upon of another
person, with the unaided eye or with any device designed or
intended to improve visual acuity, for the purpose of
arousing or gratifying the sexual desire of any person.
565.050. 1. A person commits the offense of assault
in the first degree if he or she attempts to kill or
knowingly causes or attempts to cause [serious physical
injury] great bodily harm to another person.
2. The offense of assault in the first degree is a
class B felony unless in the course thereof the person
inflicts [serious physical injury] great bodily harm on the
victim, or if the victim of such assault is a special
victim, as the term "special victim" is defined under
section 565.002, in which case it is a class A felony.
565.052. 1. A person commits the offense of assault
in the second degree if he or she:
(1) Attempts to kill or knowingly causes or attempts
to cause [serious physical injury] great bodily harm to
another person under the influence of sudden passion arising
out of adequate cause; or
(2) Attempts to cause or knowingly causes [physical
injury ] bodily harm to another person by means of a deadly
weapon or dangerous instrument; or
(3) Recklessly causes [serious physical injury] great
bodily harm to another person; or
(4) Recklessly causes [physical injury] bodily harm to
another person by means of discharge of a firearm.
2. The defendant shall have the burden of injecting
the issue of influence of sudden passion arising from
adequate cause under subdivision (1) of subsection 1 of this
section.
3. The offense of assault in the second degree is a
class D felony, unless the victim of such assault is a
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special victim, as the term "special victim" is defined
under section 565.002, in which case it is a class B felony.
565.054. 1. A person commits the offense of assault
in the third degree if he or she knowingly causes [physical
injury] bodily harm to another person.
2. The offense of assault in the third degree is a
class E felony, unless the victim of such assault is a
special victim, as the term "special victim" is defined
under section 565.002, in which case it is a class D felony.
565.056. 1. A person commits the offense of assault
in the fourth degree if:
(1) The person attempts to cause or recklessly causes
[physical injury, physical pain, or illness] bodily harm to
another person;
(2) With criminal negligence the person causes
[physical injury] bodily harm to another person by means of
a firearm;
(3) The person purposely places another person in
apprehension of immediate [physical injury] bodily harm;
(4) The person recklessly engages in conduct which
creates a substantial risk of death or [serious physical
injury] great bodily harm to another person;
(5) The person knowingly causes or attempts to cause
physical contact with a person with a disability, which a
reasonable person, who does not have a disability, would
consider offensive or provocative; or
(6) The person knowingly causes physical contact with
another person knowing the other person will regard the
contact as offensive or provocative.
2. Except as provided in subsection 3 of this section,
assault in the fourth degree is a class A misdemeanor.
3. Violation of the provisions of subdivision (3) or
(6) of subsection 1 of this section is a class C misdemeanor
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unless the victim is a special victim, as the term "special
victim" is defined under section 565.002, in which case a
violation of such provisions is a class A misdemeanor.
565.072. 1. A person commits the offense of domestic
assault in the first degree if he or she attempts to kill or
knowingly causes or attempts to cause [serious physical
injury] great bodily harm to a domestic victim, as the term
"domestic victim" is defined under section 565.002.
2. The offense of domestic assault in the first degree
is a class B felony unless in the course thereof the person
inflicts serious physical injury on the victim, in which
case it is a class A felony.
565.073. 1. A person commits the offense of domestic
assault in the second degree if the act involves a domestic
victim, as the term "domestic victim" is defined under
section 565.002, and he or she:
(1) Knowingly causes [physical injury] bodily harm to
such domestic victim by any means, including but not limited
to, use of a deadly weapon or dangerous instrument, or by
choking or strangulation; or
(2) Recklessly causes [serious physical injury] great
bodily harm to such domestic victim; or
(3) Recklessly causes [physical injury] bodily harm to
such domestic victim by means of any deadly weapon.
2. The offense of domestic assault in the second
degree is a class D felony.
565.074. 1. A person commits the offense of domestic
assault in the third degree if he or she attempts to cause
[physical injury] substantial bodily harm or knowingly
causes [physical pain or illness] bodily harm to a domestic
victim, as the term "domestic victim" is defined under
section 565.002.
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2. The offense of domestic assault in the third degree
is a class E felony.
565.076. 1. A person commits the offense of domestic
assault in the fourth degree if the act involves a domestic
victim, as the term "domestic victim" is defined under
section 565.002, and:
(1) The person attempts to cause or recklessly causes
[physical injury, physical pain, or illness] bodily harm to
such domestic victim;
(2) With criminal negligence the person causes
[physical injury] bodily harm to such domestic victim by
means of a deadly weapon or dangerous instrument;
(3) The person purposely places such domestic victim
in apprehension of immediate [physical injury] bodily harm
by any means;
(4) The person recklessly engages in conduct which
creates a substantial risk of death or [serious physical
injury] great bodily harm to such domestic victim;
(5) The person knowingly causes physical contact with
such domestic victim knowing he or she will regard the
contact as offensive; or
(6) The person knowingly attempts to cause or causes
the isolation of such domestic victim by unreasonably and
substantially restricting or limiting his or her access to
other persons, telecommunication devices or transportation
for the purpose of isolation.
2. The offense of domestic assault in the fourth
degree is a class A misdemeanor, unless the person has
previously been found guilty of the offense of domestic
assault, of any assault offense under this chapter, or of
any offense against a domestic victim committed in violation
of any county or municipal ordinance in any state, any state
law, any federal law, or any military law which if committed
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in this state two or more times would be a violation of this
section, in which case it is a class E felony. The offenses
described in this subsection may be against the same
domestic victim or against different domestic victims.
565.090. 1. A person commits the offense of
harassment in the first degree if he or she, without good
cause, engages in any act with the purpose to cause
emotional distress to another person, and such act does
cause such person to suffer emotional distress.
2. The offense of harassment in the first degree is a
class E felony, unless the defendant has previously been
found guilty of a violation of this section or section
565.091, or any offense committed in another jurisdiction
which, if committed in this state, would be chargeable or
indictable as a violation of any offense listed in this
section or section 565.091, in which case harassment in the
first degree is a class D felony.
3. This section shall not apply to activities of
federal, state, county, or municipal law enforcement
officers conducting investigations of violation of federal,
state, county, or municipal law.
565.091. 1. A person commits the offense of
harassment in the second degree if he or she, without good
cause, engages in any act with the purpose to cause
emotional distress to another person.
2. The offense of harassment in the second degree is a
class A misdemeanor, unless the [person has previously
pleaded guilty to or been found guilty of a violation of
this section, of any offense committed in violation of any
county or municipal ordinance in any state, any state law,
any federal law, or any military law which if committed in
this state would be chargeable or indictable as a violation
of any offense listed in this subsection, in which case it
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is a class E felony] defendant has previously been found
guilty of a violation of this section or section 565.090, or
of any offense committed in another jurisdiction which, if
committed in this state, would be chargeable or indictable
as a violation of any offense listed in this section or
section 565.090, in which case harassment in the second
degree is a class E felony.
3. This section shall not apply to activities of
federal, state, county, or municipal law enforcement
officers conducting investigations of violations of federal,
state, county, or municipal law.
565.225. 1. [As used in this section and section
565.227, the term "disturbs" shall mean to engage in a
course of conduct directed at a specific person that serves
no legitimate purpose and that would cause a reasonable
person under the circumstances to be frightened,
intimidated, or emotionally distressed.
2.] A person commits the offense of stalking in the
first degree if he or she [purposely] knowingly, through
[his or her] a course of conduct[, disturbs or follows with
the intent of disturbing] that is directed at another person
[and] or through technological abuse conduct, engages in
conduct that would cause a reasonable person under similar
circumstances to:
(1) [Makes a threat communicated with the intent to
cause the person who is the target of the threat to
reasonably] Fear [for his or her safety, the safety of his
or her family or household member, or the safety of domestic
animals or livestock as defined in section 276.606 kept at
such person's residence or on such person's property. The
threat shall be against the life of, or a threat to cause
physical] death or bodily injury to[, or the kidnapping of]
the person[,];
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(2) Fear that an offense will be committed against a
member of the person's family or household members, or [the
person's domestic animals or livestock as defined in section
276.606 kept at such person's residence or on such person's
property] an individual with whom the person has a dating
relationship; [or
(2) At least one of the acts constituting the course
of conduct is in violation of an order of protection and the
person has received actual notice of such order; or]
(3) [At least one of the actions constituting the
course of conduct is in violation of a condition of
probation, parole, pretrial release, or release on bond
pending appeal] Fear that an offense will be committed
against the person's property; or
(4) [At any time during the course of conduct, the
other person is seventeen years of age or younger and the
person disturbing the other person is twenty-one years of
age or older; or
(5) He or she has previously been found guilty of
domestic assault, violation of an order of protection, or
any other crime where the other person was the victim; or
(6) At any time during the course of conduct, the
other person is a participant of the address confidentiality
program under sections 589.660 to 589.681, and the person
disturbing the other person knowingly accesses or attempts
to access the address of the other person] Feel harassed,
terrified, or intimidated.
[3.] 2. Any law enforcement officer may arrest,
without a warrant, any person he or she has probable cause
to believe has violated the provisions of this section.
[4.] 3. This section shall not apply to activities of
federal, state, county, or municipal law enforcement
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officers conducting investigations of any violation of
federal, state, county, or municipal law.
[5.] 4. The offense of stalking in the first degree is
a class E felony, unless the defendant has previously been
found guilty of a violation of this section or section
565.227, or any offense committed in another jurisdiction
which, if committed in this state, would be chargeable or
indictable as a violation of any offense listed in this
section or section 565.227, or unless the victim is
intentionally targeted as a law enforcement officer, as
defined in section 556.061, or the victim is targeted
because he or she is a relative within the second degree of
consanguinity or affinity to a law enforcement officer, in
which case stalking in the first degree is a class D felony.
565.227. 1. A person commits the offense of stalking
in the second degree if he or she [purposely, through his or
her course of] knowingly engages in a course of conduct[,
disturbs, or follows with the intent to disturb another
person] directed at a specific person or technological abuse
conduct which would cause a reasonable person under the
circumstances to feel harassed, terrified, or intimidated.
2. This section shall not apply to activities of
federal, state, county, or municipal law enforcement
officers conducting investigations of any violation of
federal, state, county, or municipal law.
3. Any law enforcement officer may arrest, without a
warrant, any person he or she has probable cause to believe
has violated the provisions of this section.
4. The offense of stalking in the second degree is a
class A misdemeanor, unless the defendant has previously
been found guilty of a violation of this section or section
565.225, or of any offense committed in another jurisdiction
which, if committed in this state, would be chargeable or
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indictable as a violation of any offense listed in this
section or section 565.225, or unless the victim is
intentionally targeted as a law enforcement officer, as
defined in section 556.061, or the victim is targeted
because he or she is a relative within the second degree of
consanguinity or affinity to a law enforcement officer, in
which case stalking in the second degree is a class E felony.
565.260. 1. Except as provided in subsection 2 of this
section, a person commits the offense of unlawful tracking
of a motor vehicle if the person knowingly installs,
conceals, or otherwise places an electronic tracking device
in or on a motor vehicle without the consent of all owners
of the vehicle for the purpose of monitoring or following an
occupant or occupants of the vehicle. As used in this
section, "person" does not include the manufacturer of the
motor vehicle.
2. (1) It shall not be an offense under this section
if the installing, concealing, or placing of an electronic
tracking device in or on a motor vehicle is by, or at the
direction of, a law enforcement officer in furtherance of a
criminal investigation and such investigation is carried out
in accordance with applicable state and federal law.
(2) If the installing, concealing, or placing of an
electronic tracking device in or on a motor vehicle is by,
or at the direction of, a parent or legal guardian who owns
or leases the vehicle, and if the device is used solely for
the purpose of monitoring the minor child of the parent or
legal guardian when the child is an occupant of the vehicle,
the installation, concealment, or placement of the device in
or on the vehicle without the consent of any or all
occupants of the vehicle shall not be an offense under this
section.
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(3) It shall not be an offense under this section if
the installing, concealing, or placing of an electronic
tracking device in or on a motor vehicle is for the purpose
of tracking the location of stolen goods being transported
in the vehicle or for the purpose of tracking the location
of the vehicle if the motor vehicle is stolen.
(4) It shall not be an offense under this section if
the installing, concealing, or placing of an electronic
tracking device in or on a motor vehicle is by a legally
authorized representative of a vulnerable adult. As used in
this subdivision, "vulnerable adult" means any person
eighteen years of age or older who is impaired by reason of
mental illness, intellectual or developmental disability,
physical illness or disability, or other causes, including
age, to the extent the adult lacks sufficient understanding
or capacity to make, communicate, or carry out reasonable
decisions concerning his or her well-being or has one or
more limitations that substantially impair the adult's
ability to independently provide for his or her daily needs
or safeguard his or her person, property, or legal interests.
(5) If the installing, concealing, or placing of an
electronic tracking device in or on a motor vehicle is by,
or at the direction of, a person who obtains consent from
all owners of the vehicle, the installation, concealment, or
placement of the device in or on the vehicle shall not be an
offense under this section.
(6) It shall not be an offense under this section if
the installing, concealing, or placing of an electronic
tracking device in or on a motor vehicle is by a vehicle
rental, sharing, or leasing company that rents motor
vehicles for the purpose of tracking or managing the motor
vehicles owned by such company or providing services to
customers.
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(7) It shall not be an offense under this section if
the installing, concealing, or placing of an electronic
tracking device in or on a motor vehicle is by a lienholder
or agent of a lienholder acting to track the movement or
location of a motor vehicle in order to repossess the motor
vehicle.
(8) It shall not be an offense under this section if
the installing, concealing, or placing of an electronic
tracking device in or on a motor vehicle is for any party to
participate in a voluntary usage-based insurance program.
"Voluntary usage-based insurance program" shall mean any
program implemented by, or on behalf of, an insurance
company that collects, records, or transmits information
relating to driving behavior of an insured party.
3. The provisions of this section shall not apply to a
tracking system installed by the manufacturer of a motor
vehicle.
4. The offense of unlawful tracking of a motor vehicle
is a class A misdemeanor for a first offense and a class E
felony for any second or subsequent offense.
565.400. 1. A person commits the offense of
cyberharassment if such person purposely or knowingly
engages in a threatening, aggressive, or otherwise fear-
inducing, course of conduct by using digital technology,
internet service providers, electronic service providers or
other electronic communications and devices cause reasonable
fear, alarm, anxiety, undo stress, or terror to others by
repeated contact with no legitimate purpose.
2. The first offense of cyberharassment shall be a
class B misdemeanor. A second and any subsequent offense
shall be a class A misdemeanor.
565.405. 1. A person commits the offense of
cyberstalking if such person purposely or knowingly engages
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in a threatening, aggressive, or otherwise fear-inducing,
course of conduct by using digital technology, internet
service providers, electronic service providers or other
electronic communications and devices to enhance the ability
to intimidate, track, follow or cause reasonable fear,
alarm, anxiety, undo stress, or terror to another person.
2. The first offense of cyberstalking shall be a class
A misdemeanor. A second and any subsequent offense shall be
a class E felony.
573.570. 1. As used in this section, the following
terms mean:
(1) "Depicted individual", an individual who, as a
result of digitization or by means of digital manipulation,
appears in whole or in part in an intimate digital depiction
and who is identifiable by virtue of the individual's face,
likeness, or other distinguishing characteristic, such as a
unique birthmark or other recognizable feature, or from
information displayed in connection with the digital
depiction;
(2) "Digital depiction", a realistic visual depiction
of an individual that has been created or altered using
digital manipulation;
(3) "Information content providers", any person or
entity that is responsible, in whole or in part, for the
creation or development of information provided through the
internet or any other interactive computer service;
(4) "Intimate digital depiction", a digital depiction
of an individual that has been created or altered using
digital manipulation and that depicts:
(a) The uncovered genitals, pubic area, anus, or
postpubescent female nipple of an identifiable individual;
(b) The display or transfer of bodily sexual fluids:
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a. Onto any part of the body of an identifiable
individual; or
b. From the body of an identifiable individual; or
(c) An identifiable individual engaging in sexually
explicit conduct;
(5) "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.
2. A person commits the offense of disclosure of an
intimate digital depiction if the person:
(1) Discloses an intimate digital depiction:
(a) With the intent to harass, annoy, threaten, alarm,
or cause substantial harm to the finances or reputation of
the depicted individual; or
(b) With the actual knowledge that, or reckless
disregard for whether, such disclosure will cause physical,
emotional, reputational, or economic harm to the depicted
individual; or
(2) Threatens to disclose an intimate digital
depiction:
(a) With the intent to harass, annoy, threaten, alarm,
or cause substantial harm to the finances or reputation of
the depicted individual; or
(b) With the actual knowledge that, or reckless
disregard for whether, such threatened disclosure will cause
physical, emotional, reputational, or economic harm to the
depicted individual.
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3. (1) A violation of subdivision (1) of subsection 2
of this section shall be a class D felony.
(2) A violation of subdivision (2) of subsection 2 of
this section shall be a class E felony.
(3) A violation of subsection 2 of this section shall
be a class C felony if:
(a) The violation is a second or other subsequent
violation of subsection 2 of this section; or
(b) The violation is such that the digital depiction
could be reasonably expected to:
a. Affect the conduct of any administrative,
legislative, or judicial proceeding of a federal, state,
local, or tribal government agency, including the
administration of an election or the conduct of foreign
relations; or
b. Facilitate violence.
4. It shall not be a defense to an offense of
disclosure of an intimate digital depiction under this
section that there is a disclaimer stating that the intimate
digital depiction of the depicted individual was
unauthorized or that the depicted individual did not
participate in the creation or development of the digital
depiction.
5. For the purposes of this section, a provider of an
interactive computer service shall not be held to have
committed the offense of disclosure of an intimate digital
depiction due to:
(1) Any action voluntarily taken in good faith to
restrict access to or availability of intimate digital
depictions; or
(2) Any action taken to enable or make available to
information content providers or other persons the technical
means to restrict access to intimate digital depictions.
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573.575. 1. A person commits the offense of sadistic
online exploitation if he or she:
(1) Uses the internet to manipulate, intimidate, hurt,
scare, control, or threaten a victim to undergo suffering
through forcing their submission, use of violence, self-
harm, or destruction for sadistic or sinister purposes;
(2) Coerces a victim into performing self-harm, animal
harm, harming another person, sharing person information, or
suicidal actions or ideations;
(3) Uses non-physical forms of coercion, manipulation,
shame or fear to extort another person into providing
sexually explicit content then using such content to further
extort, threaten, or control the victim; or
(4) Uses intimate depictions as devices to threaten or
coerce a victim by demanding any kind of financial gain.
2. The offense of sadistic online exploitation shall
be a class E felony.