HCS HB 229 -- SEX CRIMES

SPONSOR:  Mayer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 15 to 1.

This substitute makes a variety of changes in the laws governing
sex crimes.

FORCIBLE RAPE AND FORCIBLE SODOMY

The substitute increases the minimum sentence for forcible rape
and forcible sodomy from five years to 10 years imprisonment.
The substitute also increases the minimum sentence from 10 years
to 15 years for each of these crimes when the offender inflicts
serious physical injury, displays a deadly weapon in a
threatening manner, or subjects the victim to intercourse with
more than one person.

TESTIMONY OF CHILD VICTIMS

The substitute requires the defendant to be excluded from the
room when a child victim testifies at a deposition.

CHILD MOLESTATION

The substitute allows enhanced penalties for first degree child
molestation when the offender has previously pled guilty to a sex
offense in another state.  Currently, enhanced penalties are
available only when the offender has been found guilty in
Missouri.

The penalty for second degree sexual molestation is increased
from a class A misdemeanor to a class C felony.  Enhanced
penalties for second degree sexual molestation are allowed when
the offender has previously pled guilty to a sex offense in
Missouri or when the offender has pled guilty or been found
guilty of a sex offense in another state.  The enhanced penalty
for second degree child molestation is increased from a class D
felony to a class B felony.

The substitute creates the crimes of third and fourth degree
child molestation.  Third degree child molestation is subjecting
a child less than 14 years of age to conduct that would be sexual
contact except that touching occurs through clothing; it is a
class D felony.  The penalty becomes a class C felony if the
offender has previously pled guilty or been found guilty of a sex
offense in Missouri or another state, if the offender inflicts
serious physical injury on the child, if the offender displays a
deadly weapon or dangerous weapon in a threatening manner, or if
the conduct occurred as part of a ritual or ceremony.  Fourth
degree child molestation is subjecting a child less than 17 years
of age to conduct that would be sexual contact except that
touching occurs through clothing; it is a class A misdemeanor.
The penalty becomes a class D felony if the offender has
previously pled guilty or been found guilty of a sex offense in
Missouri or another state, if the offender inflicts serious
physical injury on the child, if the offender displays a deadly
weapon or dangerous weapon in a threatening manner, or if the
conduct occurred as part of a ritual or ceremony.

SEXUAL MISCONDUCT INVOLVING A CHILD

The substitute allows enhanced penalties for sexual misconduct
involving a child when the offender has previously pled guilty or
been convicted of a sex offense in Missouri or another state.
Currently, the enhanced penalty is available only for second or
subsequent sexual misconduct involving child offenses.

SEX OFFENDER TREATMENT

The substitute requires all convicted sex offenders, as a
condition of probation, to successfully complete a sex offender
treatment program and follow all directives of the treatment
program provider.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that Missouri has one of the lowest
minimum sentences for forcible rape in the country.  The
recidivism rate of rapists is high.  More than half of the men
committing sex offenses this year will have already been to
prison, only to be released after five or six years.

Testifying for the bill were Representative Wright; and Concerned
Women of America.

OPPONENTS:  Those who oppose the bill say that removing the five
year minimum will result in some guilty defendants being
acquitted and not serving a day in prison.  This can happen in
cases that are difficult to prove, such as date rape.  In these
prosecutions, it often comes down to the testimony of the victim
and the testimony of the defendant.  In some of these cases,
someone on the jury will refuse to sentence a defendant to 10
years or more, but would agree to a five-year sentence.

Testifying against the bill was St. Louis County Prosecutor's
Office.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am