FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES JOLLY, MOORE AND LeVOTA (Co-sponsors).
Pre-filed December 2, 2002, and copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 566.067, 566.068, and 566.083, RSMo, and to enact in lieu thereof six new sections relating to sexual conduct involving child victims, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 566.067, 566.068, and 566.083, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 491.707, 566.067, 566.068, 566.069, 566.071, and 566.083, to read as follows:
491.707. 1. In all prosecutions brought under chapter 566, RSMo, sections 565.050, 565.060, and 565.070, RSMo, sections 568.045, 568.050, 568.060, 568.080, and 568.090, RSMo, and sections 573.025 and 573.040, RSMo, the defendant shall be physically excluded from the room in which any and all discovery deposition proceedings are conducted at which a child victim will testify.
2. As used in this section "child victim" means any person who is less than seventeen years of age.
566.067. 1. A person commits the crime of child molestation in the first degree if he or she subjects another person who is less than fourteen years of age to sexual contact.
2. Child molestation in the first degree is a class B felony unless the actor has previously pleaded guilty to or been convicted of an offense under this chapter or has pleaded guilty to or been convicted of an offense in another state or jurisdiction which would have constituted an offense pursuant to this chapter if it had been committed in this state, or in the course thereof the actor inflicts serious physical injury, displays a deadly weapon or deadly instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class A felony.
566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.
2. Child molestation in the second degree is a class [A misdemeanor] C felony unless the actor has previously pleaded guilty to or been convicted of an offense under this chapter or has pleaded guilty to or been convicted of an offense in another state or jurisdiction which would have constituted an offense pursuant to this chapter if it had been committed in this state, or in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class [D] B felony.
566.069. 1. A person commits the crime of child molestation in the third degree if such person subjects another person who is less than fourteen years of age to conduct which would constitute sexual contact except that the touching occurs through the clothing.
2. Child molestation in the third degree is a class D felony unless the actor has previously pleaded guilty to or been convicted of an offense pursuant to this chapter or has pleaded guilty to or been convicted of an offense in another state or jurisdiction which would have constituted an offense pursuant to this chapter if it had been committed in this state, or in the course thereof the actor inflicts serious physical injury, displays a deadly weapon or a dangerous instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony in which case the crime is a class C felony.
566.071. 1. A person commits the crime of child molestation in the fourth degree if such person subjects another person who is less than seventeen years of age to conduct which would constitute sexual contact except that the touching occurs through the clothing.
2. Child molestation in the fourth degree is a class A misdemeanor unless the actor has previously pleaded guilty to or been convicted of an offense pursuant to this chapter or has pleaded guilty to or been convicted of an offense in another state or jurisdiction which would have constituted an offense pursuant to this chapter if it had been committed in this state, or in the course thereof the actor inflicts serious physical injury, displays a deadly weapon or a dangerous instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony in which case the crime is a class D felony.
566.083. 1. A person commits the crime of sexual misconduct involving a child if the person:
(1) Knowingly exposes the person's genitals to a child less than fourteen years of age in a manner that would cause a reasonable adult to believe that the conduct is likely to cause affront or alarm to a child less than fourteen years of age;
(2) Knowingly exposes the person's genitals to a child less than fourteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child; or
(3) Coerces a child less than fourteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child.
2. As used in this section, the term "sexual act" means any of the following, whether performed or engaged in either with any other person or alone: sexual or anal intercourse, masturbation, bestiality, sadism, masochism, fetishism, fellatio, cunnilingus, any other sexual activity or nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any individual who may view such depiction.
3. Violation of this section is a class D felony[; except that the second or any subsequent violation of this section] unless the actor has previously pleaded guilty to or been convicted of an offense pursuant to this chapter or the actor has previously pleaded guilty to or been convicted of an offense against the laws of another state or jurisdiction which would constitute an offense pursuant to this chapter if it had been committed in this state, in which case it is a class C felony. <br><hr><br><a href=”https://house.mo.gov”><img src=”/graphics/home_btn.gif”>Missouri House of Representatives</a>