FIRST REGULAR SESSION

HOUSE BILL NO. 169

92ND GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE KELLY (144).

         Read 1^st time January 13, 2003, and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

0911L.01I

AN ACT

To repeal section 565.100, RSMo, and to enact in lieu thereof one new section relating to lack of consent in kidnapping and other crimes involving restraint.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 565.100, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 565.100, to read as follows:

            565.100. 1. It is an element of the offenses described in sections 565.110 through 565.130 of this chapter that the confinement, movement or restraint be committed without the consent of the victim.

            2. Lack of consent results from:

            (1) Forcible compulsion; or

            (2) Incapacity to consent.

            3. A person is deemed incapable of consent if he is

            (1) Less than [fourteen] seventeen years old; or

            (2) Incapacitated.