HCS HB 1169 -- SEXUAL OFFENSES

SPONSOR:  Hosmer (Gross)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 16 to 0.

This substitute revises the crime of deviate sexual intercourse
to include any act involving the genitals of one person and the
hand of another person, with the other current statutory
elements of the crime being present.  Currently, persons can
only be convicted of this crime if there is a sexual act
involving the genitals of a person and the mouth, tongue, or
anus of another person.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the change to the definition of
deviate sexual intercourse will allow cases to be prosecuted
that should be included in criminally prohibited conduct.

Testifying for the bill were Representative Gross; and Office of
the St. Charles County Prosecuting Attorney.

OPPONENTS:  Those who oppose the bill say that increasing
penalties for criminal behavior is not in society's best
interest in many cases.  Opponents also say that the current
language concerning this issue was carefully drafted to exclude
conduct that is not considered as criminally culpable.

Testifying against the bill was Missouri Association of Criminal
Defense Lawyers.

Sarah Madden, Legislative Analyst

HB 1169 -- Sexual Offenses

Sponsor:  Gross

This bill revises the crime of deviate sexual intercourse to
include any act involving the genitals of one person and the
hand of another person, and the other current statutory elements
of the crime are satisfied.  Currently, persons can only be
convicted of this crime if there is a sexual act involving the
genitals of a person and the mouth, tongue, or anus of another
person.

The bill also lowers the age required for conviction of
statutory rape in the second degree and statutory sodomy in the
second degree from 21 to 19.