HCS HB 1055 -- SEXUAL OFFENSES (Bruns)

This substitute changes the laws regarding sexual offenses.  The
substitute:

(1)  Makes possession of child pornography a class D felony for a
first offense and a class C felony for any subsequent offense.
Under current law, it is a class A misdemeanor for a first
offense and a class D felony for a second or subsequent offense;

(2)  Makes the crime of furnishing pornographic material to
minors a class D felony when the offender has a prior conviction
for a violation of Chapters 566, 568, or 573, RSMo.  Under
current law, the crime is a class D felony only upon a second or
subsequent conviction for the offense;

(3)  Adds several pornography offenses to the list of crimes
which require a person to register as a sexual offender;

(4)  Clarifies that a plea of nolo contendere is considered the
same as a plea of guilty in terms of the sex offender registry;

(5)  Requires sex offenders to successfully complete a sex
offender treatment program.  Current law requires only that the
offenders participate in the program;

(6)  Prohibits any person who has been convicted of certain sex-
related crimes to live within 1,000 feet of a school or a child
care facility.  Violation of the provision is a class D felony.
A second or subsequent offense is a class B felony.  If a school
or child care facility is opened within 1,000 feet of where an
offender already resides, the person must notify the sheriff of
this fact within one week.  Failure to do so is a class A
misdemeanor.  A subsequent offense is a class D felony;

(7)  Increases the penalty for failing to register as a sex
offender to a class D felony.  A second or subsequent offense is
a class C felony.  Under current law, the first offense is a
class A misdemeanor, and a second or subsequent offense is a
class D felony;

(8)  Allows sheriffs to collect a fee from sex offenders at the
time of the offender's registration.  At the offender's initial
registration, the fee can be up to $10.  For every subsequent
change in registration, the fee is $5;

(9)  Requires probation and parole officers who are assigned to a
registered sex offender to notify the sheriff when learning of
the sex offender's intent to change residency.  The officer must
also notify the offender of his or her duty to register upon
changing residency.  The substitute clarifies that the term
"probation officer" includes any private entity providing
probation supervision services;

(10)  Expands the crime of sexual misconduct in the second
degree.  The crime is committed when a person has sexual contact
while in a public place in the presence of another person;

(11)  Expands the crime of sexual misconduct in the third degree.
The crime is committed when a person requests another person to
engage in sexual conduct while in a public place in the presence
of another person; and

(12)  Lengthens the statute of limitation for most sexual
offenses in which the victim is age 18 or younger.  Under current
law, the statute of limitation is 10 years after the victim
reaches age 18.  The substitute lengthens the limitation to 20
years after the victim reaches age 18.  The limitation applies to
all sexual offenses in which the victim is under the age of 18,
except for the crimes of rape and sodomy for which there is no
statute of limitation.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of More than
$100,000 in FY 2005, FY 2006, and FY 2007.  No impact on Other
State Funds in FY 2005, FY 2006, and FY 2007.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am