HCS SS SCS SB 969, 673 & 855 -- SEX CRIMES AND CRIME PREVENTION

SPONSOR:  Klindt (Smith)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 13 to 0.

This substitute makes a variety of changes to the laws governing
sex crimes and the prosecution and prevention of crime.

In its provisions regarding specific sex crimes, the substitute:

(1)  Creates the crime of enticement of a child.  A person
commits the crime of enticement if he or she is at least 21 years
old and persuades, solicits, coaxes, entices, or lures any person
who is less than 15 years of age for the purpose of engaging in
sexual conduct.  Attempting to entice a child is a class D
felony.  Enticement of a child is a class C felony unless a
person has been found guilty of previous sexual offenses, then it
is a class B felony;

(2)  Creates the crime of sexual contact with an inmate, a class
C felony.  A person who is an employee of or assigned to work in
any correctional facility who has sexual intercourse or deviate
sexual intercourse with an inmate or resident of the facility is
guilty of the crime;

(3)  Adds attempted forcible rape and attempted forcible sodomy
to the list of dangerous felonies; and

(4)  Expands the crime of invasion of privacy, splitting the
offense into a first and second degree.  The current crime
(knowingly photographing another person in a state of full or
partial nudity in a place where that person has a reasonable
expectation of privacy without that person's consent) becomes
invasion of privacy in the second degree.  A person commits
invasion of privacy in the first degree if the defendant then
disseminates these photographs to another person.

In its provisions regarding the prosecution and prevention of
crime, the substitute:

(1)  Allows the State Highway Patrol to search the sex offender
registry when conducting background checks for potential
employees of day care, residential care facilities, and youth
services agency.  The State Highway Patrol will inform the agency
or provider of the address and the offenses of the applicant;

(2)  Creates the Missouri Regional Computer Forensics Laboratory,
within the Department of Public Safety.  The laboratory will
combine local, state, and federal resources to research and
combat computer and Internet-related crimes;

(3)  Requires any person who may meet the criteria of a sexually
violent predator to be evaluated by either a psychiatrist or a
psychologist as to whether or not the person meets the definition
of a sexually violent predator;

(4)  Allows parole boards to consider information listed on the
juvenile sex offenders registry if the offender being considered
for parole is less than 21 years old;

(5)  Authorizes the Attorney General to use all powers provided
by law to investigate technological crimes, as defined in the
substitute, including the ability to apply for search warrants
and subpoena witnesses and other evidentiary materials;

(6) Clarifies that the offense of aggravated stalking includes
credible threats made by electronic communications, by telephone,
or by posted messages publicly accessible via a computer;

(7)  Expands the crime of causing a catastrophe, so as to include
the initiating of a computer virus or the disabling of any
computer network or program.  The definition of "catastrophe" is
expanded to include substantial damage to a utility or a public
service; and

(8)  Creates the crime of cloning a human being, a class B
felony.  The substitute defines cloning.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Net Effect on General Revenue Fund of a
Cost of Unknown to an Income of Unknown in FY 2003, FY 2004, and
FY 2005.

PROPONENTS:  Supporters say that the computer crime lab that the
substitute creates would be funded primarily through federal
grants.  Such a lab is needed to keep up with the growing
technological expertise of today's criminal.  The early
psychological assessment of defendants will not promote due
process of law, but will help defendants get the psychological
care they might need.  The crime of child enticement is necessary
to prosecute sex offenders who attempt (but fail) to lure child
victims through the Internet.

Testifying for the bill were Senators Westfall and Klindt; Office
of the Attorney General; and Jeff Wunrow.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am