HB 35 -- Child Victims of Sex Offenses

Co-Sponsors:  Jolly, Moore, LeVota

TESTIMONY OF CHILD VICTIMS

This bill requires the defendant being prosecuted under certain
sections to be physically excluded from a room where discovery or
depositions are conducted when a child victim will testify.

CHILD MOLESTATION

The bill 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 only
available 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 bill 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 bill 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 only available for second or
subsequent sexual misconduct involving child offenses.

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