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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE NO. 2 FOR
SENATE BILL NO. 999
103RD GENERAL ASSEMBLY
2026
5530S.15T
AN ACT
To repeal sections 188.035, 192.990, 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 -two new sections relating to vulnerable persons ,
with penalty provisions, a nonseverability clause, and an effective date for certain
sections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 188.035, 192.990, 455.050, 565.002, 1
565.050, 565.052, 565.054, 565.056, 565.072, 565.073, 565.074, 2
565.076, 565.090, 565.091, 565.225, and 565.227, RSMo, are 3
repealed and twenty-two new sections enacted in lieu thereof, 4
to be known as sections 27.117, 188.035, 192.990, 455.050, 5
544.667, 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 6
565.073, 565.074, 565.076, 565.090, 565.091, 565.225, 565.227, 7
565.400, 565.405, 573.570, and 573.575, to read as follows:8
27.117. A prosecuting or circuit attorney may request 1
assistance from the attorney general, or one of his or her 2
assistants, to assist in the prosecution of a violation of 3
sections 565.090, 565.091, 565.225, 565.227, 565.400, 4
565.405, 573.570, or 573.575, where the offense occurred in 5
more than one jurisdiction of the state. The prosecuting or 6
circuit attorney may request any resource or capability of 7
the attorney general when prosecuting such cases. 8
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188.035. [Whoever, with intent to do so, shall take 1
the life of a child aborted alive, shall be guilty of murder 2
of the second degree.] 1. This section shall be known and 3
may be cited as the "Born-Alive Abortion Survivors 4
Protection Act". 5
2. A child born alive during or after an abortion or 6
an attempted abortion shall have all the rights, privileges, 7
and immunities available to other persons, citizens, and 8
residents of this state, including any other liveborn child. 9
3. A health care provider licensed, registered, or 10
certified in this state who is present in the provider's 11
professional capacity at the time a child is born alive 12
during or after an abortion or attempted abortion shall 13
exercise the same degree of professional skill, care, and 14
diligence to preserve the life, health, and comfort of the 15
child as a reasonably diligent and conscientious health care 16
provider would render to any other child born alive at the 17
same gestational age. 18
4. Any person who knowingly performs or attempts to 19
perform an overt act that kills a child born alive described 20
under subsection 3 of this section shall be guilty of first 21
degree murder under section 565.020. 22
5. A person shall have the right to bring a cause of 23
action under sections 537.080 to 537.090 or chapter 538 for 24
any injury arising from a violation of the provisions of 25
subsection 3 of this section. Any civil remedy contemplated 26
by this subsection shall not be deemed exclusive of any 27
other available administrative or criminal action which may 28
be brought as a result of any violation of the provisions of 29
this section. 30
6. As used in this section, the term "born alive" 31
shall have the same meaning as in 1 U.S.C. Section 8(b). 32
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7. The natural and spontaneous loss of an unborn child 33
before fetal viability shall not be construed to be an 34
abortion, as such term is defined in section 188.015. 35
192.990. 1. There is hereby established within the 1
department of health and senior services the "Pregnancy- 2
Associated Mortality Review Board" to improve data 3
collection and reporting with respect to maternal deaths. 4
The department may collaborate with localities and with 5
other states to meet the goals of the initiative. 6
2. For purposes of this section, the following terms 7
shall mean: 8
(1) "Department", the Missouri department of health 9
and senior services; 10
(2) "Maternal death", the death of a woman while 11
pregnant or during the one-year period following the date of 12
the end of pregnancy, regardless of the cause of death and 13
regardless of whether a delivery, miscarriage, or death 14
occurs inside or outside of a hospital; 15
(3) "Maternity care deserts", counties in which access 16
to maternity care services is limited or absent, either 17
through a lack of services or through barriers to a woman's 18
ability to access care within a county. A "maternity care 19
desert" shall include, but not be limited to, any county 20
without a hospital or birth center offering obstetric care 21
and without any obstetric clinicians. 22
3. The board shall be composed of no more than 23
[eighteen] twenty-two members, with a chair elected from 24
among its membership. The board shall meet at least twice 25
per year and shall approve the strategic priorities, funding 26
allocations, work processes, and products of the board. 27
Members of the board shall be appointed by the director of 28
the department. Members shall serve four-year terms, except 29
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that the initial terms shall be staggered so that 30
approximately one-third serve three-, four-, and five-year 31
terms. 32
4. The board shall have a multidisciplinary and 33
diverse membership that represents a variety of medical and 34
nursing specialties, including, but not limited to, 35
obstetrics and maternal-fetal care, as well as state or 36
local public health officials, epidemiologists, 37
statisticians, community organizations, geographic regions, 38
and other individuals or organizations that are most 39
affected by maternal deaths and lack of access to maternal 40
health care services. At least one member from each 41
congressional district shall be selected to serve on the 42
board and membership shall be demographically diverse and 43
shall include representation from both rural and urban 44
populations. 45
5. The duties of the board shall include, but not be 46
limited to: 47
(1) Conducting ongoing comprehensive, 48
multidisciplinary reviews of all maternal deaths; 49
(2) Identifying factors associated with maternal 50
deaths; 51
(3) Identifying maternity care deserts throughout the 52
state; 53
(4) Reviewing medical records and other relevant data, 54
which shall include, to the extent available: 55
(a) A description of the maternal deaths determined by 56
matching each death record of a maternal death to a birth 57
certificate of an infant or fetal death record, as 58
applicable, and an indication of whether the delivery, 59
miscarriage, or death occurred inside or outside of a 60
hospital; 61
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(b) Data collected from medical examiner and coroner 62
reports, as appropriate; [and] 63
(c) The level and timing of prenatal and postnatal 64
medical care; and 65
(d) Using other appropriate methods or information to 66
identify maternal deaths, including deaths from pregnancy 67
outcomes not identified under paragraph (a) of this 68
subdivision; 69
[(4)] (5) Consulting with relevant experts, as needed; 70
[(5)] (6) Analyzing cases to produce recommendations 71
for reducing maternal mortality; 72
[(6)] (7) Disseminating recommendations to policy 73
makers, health care providers and facilities, and the 74
general public; 75
[(7)] (8) Recommending and promoting preventative 76
strategies and making recommendations for systems changes; 77
[(8)] (9) Protecting the confidentiality of the 78
hospitals and individuals involved in any maternal deaths; 79
[(9)] (10) Examining racial and social disparities in 80
maternal deaths; 81
(11) Investigating and developing recommendations 82
regarding approaches taken in other states or other 83
organizations to reduce or eliminate racial inequities in 84
maternal deaths, including community-driven strategies, 85
health care accessibility, insurance availability, and other 86
barriers to access and delivery of prenatal and postpartum 87
care; 88
[(10)] (12) Subject to appropriation, providing for 89
voluntary and confidential case reporting of maternal deaths 90
to the appropriate state health agency by family members of 91
the deceased, and other appropriate individuals, for 92
purposes of review by the board; 93
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[(11)] (13) Making publicly available the contact 94
information of the board for use in such reporting; 95
[(12)] (14) Conducting outreach to local professional 96
organizations, community organizations, and social services 97
agencies regarding the availability of the review board; 98
[and] 99
(15) Examining and developing recommendations on the 100
adequacy of data collected under this section and if 101
additional categories of data would be informative in the 102
study of maternal deaths in Missouri; and 103
[(13)] (16) Ensuring that data collected under this 104
section is made available, as appropriate and practicable, 105
for research purposes, in a manner that protects 106
individually identifiable or potentially identifiable 107
information and that is consistent with state and federal 108
privacy laws. 109
6. The board may contract with other entities 110
consistent with the duties of the board. 111
7. (1) Before June 30, 2020, and annually thereafter, 112
the board shall submit to the Director of the Centers for 113
Disease Control and Prevention, the director of the 114
department, the governor, and the general assembly a report 115
on maternal mortality in the state based on data collected 116
through ongoing comprehensive, multidisciplinary reviews of 117
all maternal deaths, and any other projects or efforts 118
funded by the board. The data shall be collected using best 119
practices to reliably determine and include all maternal 120
deaths, regardless of the outcome of the pregnancy and shall 121
include data, findings, and recommendations of the 122
committee, and, as applicable, information on the 123
implementation during such year of any recommendations 124
submitted by the board in a previous year. Data reported by 125
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the board shall be disaggregated by race, ethnicity, 126
language, nationality, age, zip code, the presence or 127
absence of maternity care deserts, and level and timing of 128
prenatal and postnatal care in a manner that protects 129
individually identifiable or potentially identifiable 130
information and that is consistent with state and federal 131
privacy laws. 132
(2) The report shall be made available to the public 133
on the department's website and the director shall 134
disseminate the report to all health care providers and 135
facilities that provide women's health services in the state. 136
8. The director of the department, or his or her 137
designee, shall provide the board with the copy of the death 138
certificate and any linked birth or fetal death certificate 139
for any maternal death occurring within the state. 140
9. Upon request by the department, health care 141
providers, health care facilities, clinics, laboratories, 142
medical examiners, coroners, law enforcement agencies, 143
driver's license bureaus, other state agencies, and 144
facilities licensed by the department shall provide to the 145
department data related to maternal deaths from sources such 146
as medical records, autopsy reports, medical examiner's 147
reports, coroner's reports, law enforcement reports, motor 148
vehicle records, social services records, and other sources 149
as appropriate. Such data requests shall be limited to 150
maternal deaths which have occurred within the previous 151
twenty-four months. No entity shall be held liable for 152
civil damages or be subject to any criminal or disciplinary 153
action when complying in good faith with a request from the 154
department for information under the provisions of this 155
subsection. 156
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10. (1) The board shall protect the privacy and 157
confidentiality of all patients, decedents, providers, 158
hospitals, or any other participants involved in any 159
maternal deaths. In no case shall any individually 160
identifiable health information be provided to the public or 161
submitted to an information clearinghouse. 162
(2) Nothing in this subsection shall prohibit the 163
board or department from publishing statistical compilations 164
and research reports that: 165
(a) Are based on confidential information relating to 166
mortality reviews under this section; and 167
(b) Do not contain identifying information or any 168
other information that could be used to ultimately identify 169
the individuals concerned. 170
(3) Information, records, reports, statements, notes, 171
memoranda, or other data collected under this section shall 172
not be admissible as evidence in any action of any kind in 173
any court or before any other tribunal, board, agency, or 174
person. Such information, records, reports, notes, 175
memoranda, data obtained by the department or any other 176
person, statements, notes, memoranda, or other data shall 177
not be exhibited nor their contents disclosed in any way, in 178
whole or in part, by any officer or representative of the 179
department or any other person. No person participating in 180
such review shall disclose, in any manner, the information 181
so obtained except in strict conformity with such review 182
project. Such information shall not be subject to 183
disclosure under chapter 610. 184
(4) All information, records of interviews, written 185
reports, statements, notes, memoranda, or other data 186
obtained by the department, the board, and other persons, 187
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agencies, or organizations so authorized by the department 188
under this section shall be confidential. 189
(5) All proceedings and activities of the board, 190
opinions of members of such board formed as a result of such 191
proceedings and activities, and records obtained, created, 192
or maintained under this section, including records of 193
interviews, written reports, statements, notes, memoranda, 194
or other data obtained by the department or any other 195
person, agency, or organization acting jointly or under 196
contract with the department in connection with the 197
requirements of this section, shall be confidential and 198
shall not be subject to subpoena, discovery, or introduction 199
into evidence in any civil or criminal proceeding; provided, 200
however, that nothing in this section shall be construed to 201
limit or restrict the right to discover or use in any civil 202
or criminal proceeding anything that is available from 203
another source and entirely independent of the board's 204
proceedings. 205
(6) Members of the board shall not be questioned in 206
any civil or criminal proceeding regarding the information 207
presented in or opinions formed as a result of a meeting or 208
communication of the board; provided, however, that nothing 209
in this section shall be construed to prevent a member of 210
the board from testifying to information obtained 211
independently of the board or which is public information. 212
11. The department may use grant program funds to 213
support the efforts of the board and may apply for 214
additional federal government and private foundation grants 215
as needed. The department may also accept private, 216
foundation, city, county, or federal moneys to implement the 217
provisions of this section. 218
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455.050. 1. Any full or ex parte order of protection 1
granted pursuant to sections 455.010 to 455.085 shall be to 2
protect the petitioner from cyberstalking, domestic 3
violence, stalking, or sexual assault and may include such 4
terms as the court reasonably deems necessary to ensure the 5
petitioner's safety, including but not limited to: 6
(1) Temporarily enjoining the respondent from 7
committing or threatening to commit cyberstalking, domestic 8
violence, molesting, stalking, sexual assault, or disturbing 9
the peace of the petitioner, including violence against a 10
pet; 11
(2) Temporarily enjoining the respondent from entering 12
the premises of the dwelling unit of the petitioner when the 13
dwelling unit is: 14
(a) Jointly owned, leased or rented or jointly 15
occupied by both parties; or 16
(b) Owned, leased, rented or occupied by petitioner 17
individually; or 18
(c) Jointly owned, leased, rented or occupied by 19
petitioner and a person other than respondent; provided, 20
however, no spouse shall be denied relief pursuant to this 21
section by reason of the absence of a property interest in 22
the dwelling unit; or 23
(d) Jointly occupied by the petitioner and a person 24
other than respondent; provided that the respondent has no 25
property interest in the dwelling unit; or 26
(3) Temporarily enjoining the respondent from 27
communicating with the petitioner in any manner or through 28
any medium. 29
2. Mutual orders of protection are prohibited unless 30
both parties have properly filed written petitions and 31
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proper service has been made in accordance with sections 32
455.010 to 455.085. 33
3. When the court has, after a hearing for any full 34
order of protection, issued an order of protection, it may, 35
in addition: 36
(1) Award custody of any minor child born to or 37
adopted by the parties when the court has jurisdiction over 38
such child and no prior order regarding custody is pending 39
or has been made, and the best interests of the child 40
require such order be issued; 41
(2) Establish a visitation schedule that is in the 42
best interests of the child; 43
(3) Award child support in accordance with supreme 44
court rule 88.01 and chapter 452; 45
(4) Award maintenance to petitioner when petitioner 46
and respondent are lawfully married in accordance with 47
chapter 452; 48
(5) Order respondent to make or to continue to make 49
rent or mortgage payments on a residence occupied by the 50
petitioner if the respondent is found to have a duty to 51
support the petitioner or other dependent household members; 52
(6) Order the respondent to pay the petitioner's rent 53
at a residence other than the one previously shared by the 54
parties if the respondent is found to have a duty to support 55
the petitioner and the petitioner requests alternative 56
housing; 57
(7) Order that the petitioner be given temporary 58
possession of specified personal property, such as 59
automobiles, checkbooks, keys, and other personal effects; 60
(8) Prohibit the respondent from transferring, 61
encumbering, or otherwise disposing of specified property 62
mutually owned or leased by the parties; 63
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(9) Order the respondent to participate in a court- 64
approved counseling program designed to help batterers stop 65
violent behavior or to participate in a substance abuse 66
treatment program; 67
(10) Order the respondent to pay a reasonable fee for 68
housing and other services that have been provided or that 69
are being provided to the petitioner by a shelter for 70
victims of domestic violence; 71
(11) Order the respondent to pay court costs; 72
(12) Order the respondent to pay the cost of medical 73
treatment and services that have been provided or that are 74
being provided to the petitioner as a result of injuries 75
sustained to the petitioner by an act of domestic violence 76
committed by the respondent; 77
(13) Award possession and care of any pet, along with 78
any moneys necessary to cover medical costs that may have 79
resulted from abuse of the pet. 80
4. A verified petition seeking orders for maintenance, 81
support, custody, visitation, payment of rent, payment of 82
monetary compensation, possession of personal property, 83
prohibiting the transfer, encumbrance, or disposal of 84
property, or payment for services of a shelter for victims 85
of domestic violence, shall contain allegations relating to 86
those orders and shall pray for the orders desired. 87
5. In making an award of custody, the court shall 88
consider all relevant factors including the presumption that 89
the best interests of the child will be served by placing 90
the child in the custody and care of the nonabusive parent, 91
unless there is evidence that both parents have engaged in 92
abusive behavior, in which case the court shall not consider 93
this presumption but may appoint a guardian ad litem or a 94
court-appointed special advocate to represent the children 95
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in accordance with chapter 452 and shall consider all other 96
factors in accordance with chapter 452. 97
6. The court shall grant to the noncustodial parent 98
rights to visitation with any minor child born to or adopted 99
by the parties, unless the court finds, after hearing, that 100
visitation would endanger the child's physical health, 101
impair the child's emotional development or would otherwise 102
conflict with the best interests of the child, or that no 103
visitation can be arranged which would sufficiently protect 104
the custodial parent from further domestic violence. The 105
court may appoint a guardian ad litem or court-appointed 106
special advocate to represent the minor child in accordance 107
with chapter 452 whenever the custodial parent alleges that 108
visitation with the noncustodial parent will damage the 109
minor child. 110
7. The court shall make an order requiring the 111
noncustodial party to pay an amount reasonable and necessary 112
for the support of any child to whom the party owes a duty 113
of support when no prior order of support is outstanding and 114
after all relevant factors have been considered, in 115
accordance with Missouri supreme court rule 88.01 and 116
chapter 452. 117
8. The court may grant a maintenance order to a party 118
for a period of time, not to exceed one hundred eighty 119
days. Any maintenance ordered by the court shall be in 120
accordance with chapter 452. 121
9. (1) The court may, in order to ensure that a 122
petitioner can maintain an existing wireless telephone 123
number or numbers, issue an order, after notice and an 124
opportunity to be heard, directing a wireless service 125
provider to transfer the billing responsibility for and 126
rights to the wireless telephone number or numbers to the 127
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petitioner, if the petitioner is not the wireless service 128
accountholder. 129
(2) (a) The order transferring billing responsibility 130
for and rights to the wireless telephone number or numbers 131
to the petitioner shall list the name and billing telephone 132
number of the accountholder, the name and contact 133
information of the person to whom the telephone number or 134
numbers will be transferred, and each telephone number to be 135
transferred to that person. The court shall ensure that the 136
contact information of the petitioner is not provided to the 137
accountholder in proceedings held under this chapter. 138
(b) Upon issuance, a copy of the full order of 139
protection shall be transmitted, either electronically or by 140
certified mail, to the wireless service provider's 141
registered agent listed with the secretary of state, or 142
electronically to the email address provided by the wireless 143
service provider. Such transmittal shall constitute 144
adequate notice for the wireless service provider acting 145
under this section and section 455.523. 146
(c) If the wireless service provider cannot 147
operationally or technically effectuate the order due to 148
certain circumstances, the wireless service provider shall 149
notify the petitioner within three business days. Such 150
circumstances shall include, but not be limited to, the 151
following: 152
a. The accountholder has already terminated the 153
account; 154
b. The differences in network technology prevent the 155
functionality of a device on the network; or 156
c. There are geographic or other limitations on 157
network or service availability. 158
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(3) (a) Upon transfer of billing responsibility for 159
and rights to a wireless telephone number or numbers to the 160
petitioner under this subsection by a wireless service 161
provider, the petitioner shall assume all financial 162
responsibility for the transferred wireless telephone number 163
or numbers, monthly service costs, and costs for any mobile 164
device associated with the wireless telephone number or 165
numbers. 166
(b) This section shall not preclude a wireless service 167
provider from applying any routine and customary 168
requirements for account establishment to the petitioner as 169
part of this transfer of billing responsibility for a 170
wireless telephone number or numbers and any devices 171
attached to that number or numbers including, but not 172
limited to, identification, financial information, and 173
customer preferences. 174
(4) This section shall not affect the ability of the 175
court to apportion the assets and debts of the parties as 176
provided for in law, or the ability to determine the 177
temporary use, possession, and control of personal property. 178
(5) No cause of action shall lie against any wireless 179
service provider, its officers, employees, or agents, for 180
actions taken in accordance with the terms of a court order 181
issued under this section. 182
(6) As used in this section and section 455.523, a 183
"wireless service provider" means a provider of commercial 184
mobile service under Section 332(d) of the Federal 185
[Telecommunications Act of 1996] Communications Act of 1934 186
(47 U.S.C. Section [151, et seq.] 332). 187
544.667. In addition to the forfeiture of any security 1
which was given or pledged for a person's release, any 2
person who, having been released upon a recognizance or bond 3
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pursuant to any other provisions of law while pending 4
preliminary hearing, trial, sentencing, appeal, probation or 5
parole revocation, or any other stage of a criminal matter 6
against him or her, knowingly violates any condition of 7
release that imposes no contact with specific individuals 8
shall be guilty of a class A misdemeanor. 9
565.002. As used in this chapter, unless a different 1
meaning is otherwise plainly required the following terms 2
mean: 3
(1) "Adequate cause", cause that would reasonably 4
produce a degree of passion in a person of ordinary 5
temperament sufficient to substantially impair an ordinary 6
person's capacity for self-control; 7
(2) "Bodily harm", physical pain or injury, illness, 8
or any impairment of physical condition; 9
(3) "Child", a person under [seventeen] eighteen years 10
of age; 11
[(3)] (4) "Conduct", includes any act or omission; 12
[(4)] (5) "Course of conduct", a pattern of conduct 13
composed of two or more acts, which may include 14
communication by any means, over a period of time, however 15
short, evidencing a continuity of purpose. Constitutionally 16
protected activity is not included within the meaning of 17
course of conduct. Such constitutionally protected activity 18
includes picketing or other organized protests; 19
[(5)] (6) "Deliberation", cool reflection for any 20
length of time no matter how brief; 21
[(6)] (7) "Domestic victim", a household or family 22
member as the term "family" or "household member" is defined 23
in section 455.010, including any child who is a member of 24
the household or family; 25
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[(7)] (8) "Emotional distress", something markedly 26
greater than the level of uneasiness, nervousness, 27
unhappiness, or the like which are commonly experienced in 28
day-to-day living; 29
[(8)] (9) "Full or partial nudity", the showing of all 30
or any part of the human genitals, pubic area, buttock, or 31
any part of the nipple of the breast of any female person, 32
with less than a fully opaque covering; 33
(10) "Great bodily harm", bodily injury which creates 34
a high probability of death, or which causes serious 35
permanent or protracted loss or impairment of function of 36
any bodily member or organ, or other serious bodily harm; 37
[(9)] (11) "Legal custody", the right to the care, 38
custody and control of a child; 39
[(10)] (12) "Parent", either a biological parent or a 40
parent by adoption; 41
[(11)] (13) "Person having a right of custody", a 42
parent or legal guardian of the child; 43
[(12)] (14) "Photographs" or "films", the making of 44
any photograph, motion picture film, videotape, or any other 45
recording or transmission of the image of a person; 46
[(13)] (15) "Place where a person would have a 47
reasonable expectation of privacy", any place where a 48
reasonable person would believe that a person could disrobe 49
in privacy, without being concerned that the person's 50
undressing was being viewed, photographed or filmed by 51
another; 52
[(14)] (16) "Special victim", any of the following: 53
(a) A law enforcement officer assaulted in the 54
performance of his or her official duties or as a direct 55
result of such official duties; 56
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(b) Emergency personnel, any paid or volunteer 57
firefighter, emergency room, hospital, or trauma center 58
personnel, or emergency medical technician, assaulted in the 59
performance of his or her official duties or as a direct 60
result of such official duties; 61
(c) A probation and parole officer assaulted in the 62
performance of his or her official duties or as a direct 63
result of such official duties; 64
(d) An elderly person; 65
(e) A person with a disability; 66
(f) A vulnerable person; 67
(g) Any jailer or corrections officer of the state or 68
one of its political subdivisions assaulted in the 69
performance of his or her official duties or as a direct 70
result of such official duties; 71
(h) A highway worker in a construction or work zone as 72
the terms "highway worker", "construction zone", and "work 73
zone" are defined under section 304.580; 74
(i) Any utility worker, meaning any employee of a 75
utility that provides gas, heat, electricity, water, steam, 76
telecommunications services, or sewer services, whether 77
privately, municipally, or cooperatively owned, while in the 78
performance of his or her job duties, including any person 79
employed under a contract; 80
(j) Any cable worker, meaning any employee of a cable 81
operator, as such term is defined in section 67.2677, 82
including any person employed under contract, while in the 83
performance of his or her job duties; and 84
(k) Any employee of a mass transit system, including 85
any employee of public bus or light rail companies, while in 86
the performance of his or her job duties; 87
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(17) "Substantial bodily harm", bodily injury which 88
involves a temporary but substantial disfigurement, or which 89
causes temporary but substantial loss or impairment of the 90
function of any bodily member or organ, or which causes a 91
fracture of any bodily member; 92
[(15)] (18) "Sudden passion", passion directly caused 93
by and arising out of provocation by the victim or another 94
acting with the victim which passion arises at the time of 95
the offense and is not solely the result of former 96
provocation; 97
(19) "Technological abuse conduct", an act or pattern 98
of behavior that is intended to harm, threaten, intimidate, 99
control, stalk, harass, monitor, except as otherwise 100
permitted by law, another person, that occurs using any form 101
of technology, including internet enabled devices, online 102
platforms, computers, mobile devices, cameras and imaging 103
programs, apps, location tracking devices, or any other 104
emerging technologies; 105
[(16)] (20) "Trier", the judge or jurors to whom 106
issues of fact, guilt or innocence, or the assessment and 107
declaration of punishment are submitted for decision; 108
[(17)] (21) "Views", the looking upon of another 109
person, with the unaided eye or with any device designed or 110
intended to improve visual acuity, for the purpose of 111
arousing or gratifying the sexual desire of any person. 112
565.050. 1. A person commits the offense of assault 1
in the first degree if he or she attempts to kill or 2
knowingly causes or attempts to cause [serious physical 3
injury] great bodily harm to another person. 4
2. The offense of assault in the first degree is a 5
class B felony unless in the course thereof the person 6
inflicts [serious physical injury] great bodily harm on the 7
SS#2 SB 999 20
victim, or if the victim of such assault is a special 8
victim, as the term "special victim" is defined under 9
section 565.002, in which case it is a class A felony. 10
565.052. 1. A person commits the offense of assault 1
in the second degree if he or she: 2
(1) Attempts to kill or knowingly causes or attempts 3
to cause [serious physical injury] great bodily harm to 4
another person under the influence of sudden passion arising 5
out of adequate cause; or 6
(2) Attempts to cause or knowingly causes [physical 7
injury] bodily harm to another person by means of a deadly 8
weapon or dangerous instrument; or 9
(3) Recklessly causes [serious physical injury] great 10
bodily harm to another person; or 11
(4) Recklessly causes [physical injury] bodily harm to 12
another person by means of discharge of a firearm. 13
2. The defendant shall have the burden of injecting 14
the issue of influence of sudden passion arising from 15
adequate cause under subdivision (1) of subsection 1 of this 16
section. 17
3. The offense of assault in the second degree is a 18
class D felony, unless the victim of such assault is a 19
special victim, as the term "special victim" is defined 20
under section 565.002, in which case it is a class B felony. 21
565.054. 1. A person commits the offense of assault 1
in the third degree if he or she knowingly causes [physical 2
injury] bodily harm to another person. 3
2. The offense of assault in the third degree is a 4
class E felony, unless the victim of such assault is a 5
special victim, as the term "special victim" is defined 6
under section 565.002, in which case it is a class D felony. 7
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565.056. 1. A person commits the offense of assault 1
in the fourth degree if: 2
(1) The person attempts to cause or recklessly causes 3
[physical injury, physical pain, or illness] bodily harm to 4
another person; 5
(2) With criminal negligence the person causes 6
[physical injury] bodily harm to another person by means of 7
a firearm; 8
(3) The person purposely places another person in 9
apprehension of immediate [physical injury] bodily harm; 10
(4) The person recklessly engages in conduct which 11
creates a substantial risk of death or [serious physical 12
injury] great bodily harm to another person; 13
(5) The person knowingly causes or attempts to cause 14
physical contact with a person with a disability, which a 15
reasonable person, who does not have a disability, would 16
consider offensive or provocative; or 17
(6) The person knowingly causes physical contact with 18
another person knowing the other person will regard the 19
contact as offensive or provocative. 20
2. Except as provided in subsection 3 of this section, 21
assault in the fourth degree is a class A misdemeanor. 22
3. Violation of the provisions of subdivision (3) or 23
(6) of subsection 1 of this section is a class C misdemeanor 24
unless the victim is a special victim, as the term "special 25
victim" is defined under section 565.002, in which case a 26
violation of such provisions is a class A misdemeanor. 27
565.072. 1. A person commits the offense of domestic 1
assault in the first degree if he or she attempts to kill or 2
knowingly causes or attempts to cause [serious physical 3
injury] great bodily harm to a domestic victim, as the term 4
"domestic victim" is defined under section 565.002. 5
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2. The offense of domestic assault in the first degree 6
is a class B felony unless in the course thereof the person 7
inflicts serious physical injury on the victim, in which 8
case it is a class A felony. 9
565.073. 1. A person commits the offense of domestic 1
assault in the second degree if the act involves a domestic 2
victim, as the term "domestic victim" is defined under 3
section 565.002, and he or she: 4
(1) Knowingly causes [physical injury] bodily harm to 5
such domestic victim by any means, including but not limited 6
to, use of a deadly weapon or dangerous instrument, or by 7
choking or strangulation; or 8
(2) Recklessly causes [serious physical injury] great 9
bodily harm to such domestic victim; or 10
(3) Recklessly causes [physical injury] bodily harm to 11
such domestic victim by means of any deadly weapon. 12
2. The offense of domestic assault in the second 13
degree is a class D felony. 14
565.074. 1. A person commits the offense of domestic 1
assault in the third degree if he or she attempts to cause 2
[physical injury] substantial bodily harm or knowingly 3
causes [physical pain or illness] bodily harm to a domestic 4
victim, as the term "domestic victim" is defined under 5
section 565.002. 6
2. The offense of domestic assault in the third degree 7
is a class E felony. 8
565.076. 1. A person commits the offense of domestic 1
assault in the fourth degree if the act involves a domestic 2
victim, as the term "domestic victim" is defined under 3
section 565.002, and: 4
SS#2 SB 999 23
(1) The person attempts to cause or recklessly causes 5
[physical injury, physical pain, or illness] bodily harm to 6
such domestic victim; 7
(2) With criminal negligence the person causes 8
[physical injury] bodily harm to such domestic victim by 9
means of a deadly weapon or dangerous instrument; 10
(3) The person purposely places such domestic victim 11
in apprehension of immediate [physical injury] bodily harm 12
by any means; 13
(4) The person recklessly engages in conduct which 14
creates a substantial risk of death or [serious physical 15
injury] great bodily harm to such domestic victim; 16
(5) The person knowingly causes physical contact with 17
such domestic victim knowing he or she will regard the 18
contact as offensive; or 19
(6) The person knowingly attempts to cause or causes 20
the isolation of such domestic victim by unreasonably and 21
substantially restricting or limiting his or her access to 22
other persons, telecommunication devices or transportation 23
for the purpose of isolation. 24
2. The offense of domestic assault in the fourth 25
degree is a class A misdemeanor, unless the person has 26
previously been found guilty of the offense of domestic 27
assault, of any assault offense under this chapter, or of 28
any offense against a domestic victim committed in violation 29
of any county or municipal ordinance in any state, any state 30
law, any federal law, or any military law which if committed 31
in this state two or more times would be a violation of this 32
section, in which case it is a class E felony. The offenses 33
described in this subsection may be against the same 34
domestic victim or against different domestic victims. 35
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565.090. 1. A person commits the offense of 1
harassment in the first degree if he or she, without good 2
cause, engages in any act with the purpose to cause 3
emotional distress to another person, and such act does 4
cause such person to suffer emotional distress. 5
2. The offense of harassment in the first degree is a 6
class E felony, unless the defendant has previously been 7
found guilty of a violation of this section or section 8
565.091, or any offense committed in another jurisdiction 9
which, if committed in this state, would be chargeable or 10
indictable as a violation of any offense listed in this 11
section or section 565.091, in which case harassment in the 12
first degree is a class D felony. 13
3. This section shall not apply to activities of 14
federal, state, county, or municipal law enforcement 15
officers conducting investigations of violation of federal, 16
state, county, or municipal law. 17
565.091. 1. A person commits the offense of 1
harassment in the second degree if he or she, without good 2
cause, engages in any act with the purpose to cause 3
emotional distress to another person. 4
2. The offense of harassment in the second degree is a 5
class A misdemeanor, unless the [person has previously 6
pleaded guilty to or been found guilty of a violation of 7
this section, of any offense committed in violation of any 8
county or municipal ordinance in any state, any state law, 9
any federal law, or any military law which if committed in 10
this state would be chargeable or indictable as a violation 11
of any offense listed in this subsection, in which case it 12
is a class E felony] defendant has previously been found 13
guilty of a violation of this section or section 565.090, or 14
of any offense committed in another jurisdiction which, if 15
SS#2 SB 999 25
committed in this state, would be chargeable or indictable 16
as a violation of any offense listed in this section or 17
section 565.090, in which case harassment in the second 18
degree is a class E felony. 19
3. This section shall not apply to activities of 20
federal, state, county, or municipal law enforcement 21
officers conducting investigations of violations of federal, 22
state, county, or municipal law. 23
565.225. 1. [As used in this section and section 1
565.227, the term "disturbs" shall mean to engage in a 2
course of conduct directed at a specific person that serves 3
no legitimate purpose and that would cause a reasonable 4
person under the circumstances to be frightened, 5
intimidated, or emotionally distressed. 6
2.] A person commits the offense of stalking in the 7
first degree if he or she [purposely] knowingly, through 8
[his or her] a course of conduct[, disturbs or follows with 9
the intent of disturbing] that is directed at another person 10
[and] or through technological abuse conduct, engages in 11
conduct that would cause a reasonable person under similar 12
circumstances to: 13
(1) [Makes a threat communicated with the intent to 14
cause the person who is the target of the threat to 15
reasonably] Fear [for his or her safety, the safety of his 16
or her family or household member, or the safety of domestic 17
animals or livestock as defined in section 276.606 kept at 18
such person's residence or on such person's property. The 19
threat shall be against the life of, or a threat to cause 20
physical] death or bodily injury to[, or the kidnapping of] 21
the person[,]; 22
(2) Fear that an offense will be committed against a 23
member of the person's family or household members, or [the 24
SS#2 SB 999 26
person's domestic animals or livestock as defined in section 25
276.606 kept at such person's residence or on such person's 26
property] an individual with whom the person has a dating 27
relationship; [or 28
(2) At least one of the acts constituting the course 29
of conduct is in violation of an order of protection and the 30
person has received actual notice of such order; or] 31
(3) [At least one of the actions constituting the 32
course of conduct is in violation of a condition of 33
probation, parole, pretrial release, or release on bond 34
pending appeal] Fear that an offense will be committed 35
against the person's property; or 36
(4) [At any time during the course of conduct, the 37
other person is seventeen years of age or younger and the 38
person disturbing the other person is twenty-one years of 39
age or older; or 40
(5) He or she has previously been found guilty of 41
domestic assault, violation of an order of protection, or 42
any other crime where the other person was the victim; or 43
(6) At any time during the course of conduct, the 44
other person is a participant of the address confidentiality 45
program under sections 589.660 to 589.681, and the person 46
disturbing the other person knowingly accesses or attempts 47
to access the address of the other person] Feel harassed, 48
terrified, or intimidated. 49
[3.] 2. Any law enforcement officer may arrest, 50
without a warrant, any person he or she has probable cause 51
to believe has violated the provisions of this section. 52
[4.] 3. This section shall not apply to activities of 53
federal, state, county, or municipal law enforcement 54
officers conducting investigations of any violation of 55
federal, state, county, or municipal law. 56
SS#2 SB 999 27
[5.] 4. The offense of stalking in the first degree is 57
a class E felony, unless the defendant has previously been 58
found guilty of a violation of this section or section 59
565.227, or any offense committed in another jurisdiction 60
which, if committed in this state, would be chargeable or 61
indictable as a violation of any offense listed in this 62
section or section 565.227, or unless the victim is 63
intentionally targeted as a law enforcement officer, as 64
defined in section 556.061, or the victim is targeted 65
because he or she is a relative within the second degree of 66
consanguinity or affinity to a law enforcement officer, in 67
which case stalking in the first degree is a class D felony. 68
565.227. 1. A person commits the offense of stalking 1
in the second degree if he or she [purposely, through his or 2
her course of] knowingly engages in a course of conduct[, 3
disturbs, or follows with the intent to disturb another 4
person] directed at a specific person or technological abuse 5
conduct which would cause a reasonable person under the 6
circumstances to feel harassed, terrified, or intimidated. 7
2. This section shall not apply to activities of 8
federal, state, county, or municipal law enforcement 9
officers conducting investigations of any violation of 10
federal, state, county, or municipal law. 11
3. Any law enforcement officer may arrest, without a 12
warrant, any person he or she has probable cause to believe 13
has violated the provisions of this section. 14
4. The offense of stalking in the second degree is a 15
class A misdemeanor, unless the defendant has previously 16
been found guilty of a violation of this section or section 17
565.225, or of any offense committed in another jurisdiction 18
which, if committed in this state, would be chargeable or 19
indictable as a violation of any offense listed in this 20
SS#2 SB 999 28
section or section 565.225, or unless the victim is 21
intentionally targeted as a law enforcement officer, as 22
defined in section 556.061, or the victim is targeted 23
because he or she is a relative within the second degree of 24
consanguinity or affinity to a law enforcement officer, in 25
which case stalking in the second degree is a class E felony. 26
565.400. 1. A person commits the offense of 1
cyberharassment if such person purposely or knowingly 2
engages in a threatening, aggressive, or otherwise fear- 3
inducing, course of conduct by using digital technology, 4
internet service providers, electronic service providers, or 5
other electronic communications and devices to cause 6
reasonable fear, alarm, anxiety, undue stress, or terror to 7
others by repeated contact with no legitimate purpose. 8
2. The first offense of cyberharassment shall be a 9
class B misdemeanor. A second and any subsequent offense 10
shall be a class A misdemeanor. 11
565.405. 1. A person commits the offense of 1
cyberstalking if such person purposely or knowingly engages 2
in a threatening, aggressive, or otherwise fear-inducing, 3
course of conduct by using digital technology, internet 4
service providers, electronic service providers, or other 5
electronic communications and devices to enhance the ability 6
to intimidate, track, follow or cause reasonable fear, 7
alarm, anxiety, undue stress, or terror to another person. 8
2. The first offense of cyberstalking shall be a class 9
A misdemeanor. A second and any subsequent offense shall be 10
a class E felony. 11
573.570. 1. As used in this section, the following 1
terms mean: 2
(1) "Depicted individual", an individual who, as a 3
result of digitization or by means of digital manipulation, 4
SS#2 SB 999 29
appears in whole or in part in an intimate digital depiction 5
and who is identifiable by virtue of the individual's face, 6
likeness, or other distinguishing characteristic, such as a 7
unique birthmark or other recognizable feature, or from 8
information displayed in connection with the digital 9
depiction; 10
(2) "Digital depiction", a realistic visual depiction 11
of an individual that has been created or altered using 12
digital manipulation; 13
(3) "Information content providers", any person or 14
entity that is responsible, in whole or in part, for the 15
creation or development of information provided through the 16
internet or any other interactive computer service; 17
(4) "Intimate digital depiction", a digital depiction 18
of an individual that has been created or altered using 19
digital manipulation and that depicts: 20
(a) The uncovered genitals, pubic area, anus, or 21
postpubescent female nipple of an identifiable individual; 22
(b) The display or transfer of bodily sexual fluids: 23
a. Onto any part of the body of an identifiable 24
individual; or 25
b. From the body of an identifiable individual; or 26
(c) An identifiable individual engaging in sexually 27
explicit conduct; 28
(5) "Sexually explicit conduct", actual or simulated: 29
(a) Sexual intercourse, including genital-genital, 30
oral-genital, anal-genital, or oral-anal, whether between 31
persons of the same or opposite sex; 32
(b) Bestiality; 33
(c) Masturbation; 34
(d) Sadistic or masochistic abuse; or 35
SS#2 SB 999 30
(e) Lascivious exhibition of the genitals or pubic 36
area of any person. 37
2. A person commits the offense of disclosure of an 38
intimate digital depiction if the person: 39
(1) Discloses an intimate digital depiction: 40
(a) With the intent to harass, annoy, threaten, alarm, 41
or cause substantial harm to the finances or reputation of 42
the depicted individual; or 43
(b) With the actual knowledge that, or reckless 44
disregard for whether, such disclosure will cause physical, 45
emotional, reputational, or economic harm to the depicted 46
individual; or 47
(2) Threatens to disclose an intimate digital 48
depiction: 49
(a) With the intent to harass, annoy, threaten, alarm, 50
or cause substantial harm to the finances or reputation of 51
the depicted individual; or 52
(b) With the actual knowledge that, or reckless 53
disregard for whether, such threatened disclosure will cause 54
physical, emotional, reputational, or economic harm to the 55
depicted individual. 56
3. (1) A violation of subdivision (1) of subsection 2 57
of this section shall be a class D felony. 58
(2) A violation of subdivision (2) of subsection 2 of 59
this section shall be a class E felony. 60
(3) A violation of subsection 2 of this section shall 61
be a class C felony if: 62
(a) The violation is a second or other subsequent 63
violation of subsection 2 of this section; or 64
(b) The violation is such that the digital depiction 65
could be reasonably expected to: 66
SS#2 SB 999 31
a. Affect the conduct of any administrative, 67
legislative, or judicial proceeding of a federal, state, 68
local, or tribal government agency, including the 69
administration of an election or the conduct of foreign 70
relations; or 71
b. Facilitate violence. 72
4. It shall not be a defense to an offense of 73
disclosure of an intimate digital depiction under this 74
section that there is a disclaimer stating that the intimate 75
digital depiction of the depicted individual was 76
unauthorized or that the depicted individual did not 77
participate in the creation or development of the digital 78
depiction. 79
5. For the purposes of this section, a provider of an 80
interactive computer service shall not be held to have 81
committed the offense of disclosure of an intimate digital 82
depiction due to: 83
(1) Any action voluntarily taken in good faith to 84
restrict access to or availability of intimate digital 85
depictions; or 86
(2) Any action taken to enable or make available to 87
information content providers or other persons the technical 88
means to restrict access to intimate digital depictions. 89
573.575. 1. A person commits the offense of sadistic 1
online exploitation if he or she: 2
(1) Uses the internet to manipulate, intimidate, hurt, 3
scare, control, or threaten a victim to undergo suffering 4
through forcing their submission, use of violence, self- 5
harm, or destruction for sadistic or sinister purposes; 6
(2) Coerces a victim into performing self-harm, animal 7
harm, harming another person, sharing personal information, 8
or suicidal actions or ideations; 9
SS#2 SB 999 32
(3) Uses nonphysical forms of coercion, manipulation, 10
shame or fear to extort another person into providing 11
sexually explicit content then using such content to further 12
extort, threaten, or control the victim; or 13
(4) Uses intimate depictions as devices to threaten or 14
coerce a victim by demanding any kind of financial gain. 15
2. The offense of sadistic online exploitation shall 16
be a class E felony. 17
Section B. Notwithstanding the provisions of section 1
1.140 to the contrary, the provisions of section A of this 2
act shall be nonseverable, and if any provision is for any 3
reason held to be invalid, such decision shall invalidate 4
all of the remaining provisions of section A of this act. 5
Section C. The repeal and reenactment of sections 1
565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 2
565.073, 565.074, 565.076, 565.090, 565.091, 565.225, and 3
565.227 and the enactment of sections 27.117, 565.400, and 4
565.405 of this act shall become effective on July 1, 2027. 5
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