Section 589.400

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 589

Effective - 28 Aug 2018, 8 histories   

  589.400.  Registration of certain offenders with chief law officers of county of residence — time limitation — registration requirements — fees — automatic removal from registry — petitions for exemption — procedure, notice, denial of petition — nonresident workers, higher education students and workers. — 1.  Sections 589.400 to 589.425 shall apply to:

  (1)  Any person who, since July 1, 1979, has been or is hereafter adjudicated for an offense referenced in section 589.414, unless such person is exempt from registering under subsection 9 or 10 of this section or section 589.401;

  (2)  Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or conspiring to commit one or more of the following offenses:  kidnapping or kidnapping in the first degree when the victim was a child and the defendant was not a parent or guardian of the child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious restraint or kidnapping in the second degree when the victim was a child and the defendant is not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a nursing home or sexual conduct with a nursing facility resident or vulnerable person in the first or second degree; endangering the welfare of a child under section 568.045 when the endangerment is sexual in nature; genital mutilation of a female child, under section 568.065; promoting prostitution in the first degree; promoting prostitution in the second degree; promoting prostitution in the third degree; sexual exploitation of a minor; promoting child pornography in the first degree; promoting child pornography in the second degree; possession of child pornography; furnishing pornographic material to minors; public display of explicit sexual material; coercing acceptance of obscene material; promoting obscenity in the first degree; promoting pornography for minors or obscenity in the second degree; incest; use of a child in a sexual performance; or promoting sexual performance by a child; patronizing prostitution if the individual the person patronizes is less than eighteen years of age;

  (3)  Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath;

  (4)  Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense referenced in section 589.414;

  (5)  Any juvenile certified as an adult and transferred to a court of general jurisdiction who has been adjudicated for an offense listed under section 589.414;

  (6)  Any juvenile fourteen years of age or older at the time of the offense who has been adjudicated for an offense which is equal to or more severe than aggravated sexual abuse under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such offense;

  (7)  Any person who is a resident of this state who has, since July 1, 1979, been or is hereafter adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense which, if committed in this state, would constitute an offense listed under section 589.414, or has been or is required to register in another state, territory, the District of Columbia, or foreign country, or has been or is required to register under tribal, federal, or military law; or

  (8)  Any person who has been or is required to register in another state, territory, the District of Columbia, or foreign country, or has been or is required to register under tribal, federal, or military law and who works or attends an educational institution, whether public or private in nature, including any secondary school, trade school, professional school, or institution of higher education on a full-time or on a part-time basis or has a temporary residence in Missouri.  "Part-time" in this subdivision means for more than seven days in any twelve-month period.

  2.  Any person to whom sections 589.400 to 589.425 apply shall, within three business days of adjudication, release from incarceration, or placement upon probation, register with the chief law enforcement official of the county or city not within a county in which such person resides unless such person has already registered in that county for the same offense.  For any juvenile under subdivision (6) of subsection 1 of this section, within three business days of adjudication or release from commitment to the division of youth services, the department of mental health, or other placement, such juvenile shall register with the chief law enforcement official of the county or city not within a county in which he or she resides unless he or she has already registered in such county or city not within a county for the same offense.  Any person to whom sections 589.400 to 589.425 apply if not currently registered in their county of residence shall register with the chief law enforcement official of such county or city not within a county within three business days.  The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town, village, or campus law enforcement agency located within the county of the chief law enforcement official.

  3.  The registration requirements of sections 589.400 through 589.425 shall be as provided under subsection 4 of this section unless:

  (1)  All offenses requiring registration are reversed, vacated, or set aside;

  (2)  The registrant is no longer required to register and his or her name shall be removed from the registry under the provisions of section 589.414; or

  (3)  The court orders the removal or exemption of such person from the registry under section 589.401.

  4.  The registration requirements shall be as follows:

  (1)  Fifteen years if the offender is a tier I sex offender as provided under section 589.414;

  (2)  Twenty-five years if the offender is a tier II sex offender as provided under section 589.414; or

  (3)  The life of the offender if the offender is a tier III sex offender.

  5.  (1)  The registration period shall be reduced as described in subdivision (3) of this subsection for a sex offender who maintains a clean record for the periods described under subdivision (2) of this subsection by:

  (a)  Not being adjudicated of any offense for which imprisonment for more than one year may be imposed;

  (b)  Not being adjudicated of any sex offense;

  (c)  Successfully completing any periods of supervised release, probation, or parole; and

  (d)  Successfully completing an appropriate sex offender treatment program certified by the attorney general.

  (2)  In the case of a:

  (a)  Tier I sex offender, the period during which the clean record shall be maintained is ten years;

  (b)  Tier III sex offender adjudicated delinquent for the offense which required registration in a sex offender registry under sections 589.400 to 589.425, the period during which the clean record shall be maintained is twenty-five years.

  (3)  In the case of a:

  (a)  Tier I sex offender, the reduction is five years;

  (b)  Tier III sex offender adjudicated delinquent, the reduction is from life to that period for which the clean record under paragraph (b) of subdivision (2) of this subsection is maintained.

  6.  For processing an initial sex offender registration the chief law enforcement officer of the county or city not within a county may charge the offender registering a fee of up to ten dollars.

  7.  For processing any change in registration required pursuant to section 589.414 the chief law enforcement official of the county or city not within a county may charge the person changing their registration a fee of five dollars for each change made after the initial registration.

  8.  Any person currently on the sexual offender registry or who otherwise would be required to register for being adjudicated for the offense of felonious restraint of a nonsexual nature when the victim was a child and he or she was the parent or guardian of the child, nonsexual child abuse that was committed under section 568.060, or kidnapping of a nonsexual nature when the victim was a child and he or she was the parent or guardian of the child shall be removed from the registry.  However, such person shall remain on the sexual offender registry for any other offense for which he or she is required to register under sections 589.400 to 589.425.

  9.  The following persons shall be exempt from registering as a sexual offender upon petition to the court of jurisdiction under section 589.401; except that, such person shall remain on the sexual offender registry for any other offense for which he or she is required to register under sections 589.400 to 589.425:

  (1)  Any person currently on the sexual offender registry or who otherwise would be required to register for a sexual offense involving:

  (a)  Sexual conduct where no force or threat of force was directed toward the victim or any other individual involved, if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense; or

  (b)  Sexual conduct where no force or threat of force was directed toward the victim, the victim was at least fourteen years of age, and the offender was not more than four years older than the victim at the time of the offense; or

  (2)  Any person currently required to register for the following sexual offenses:

  (a)  Promoting obscenity in the first degree under section 573.020;

  (b)  Promoting obscenity in the second degree under section 573.030;

  (c)  Furnishing pornographic materials to minors under section 573.040;

  (d)  Public display of explicit sexual material under section 573.060;

  (e)  Coercing acceptance of obscene material under section 573.065;

  (f)  Trafficking for the purpose of slavery, involuntary servitude, peonage, or forced labor under section 566.206;

  (g)  Abusing an individual through forced labor under section 566.203;

  (h)  Contributing to human trafficking through the misuse of documentation under section 566.215; or

  (i)  Acting as an international marriage broker and failing to provide the information and notice as required under section 578.475.

  10.  Any person currently on the sexual offender registry for having been adjudicated for a tier I or II offense or adjudicated delinquent for a tier III offense or other comparable offenses listed under section 589.414 may file a petition under section 589.401.

  11.  Any nonresident worker, including work as a volunteer or intern, or nonresident student shall register for the duration of such person's employment, including participation as a volunteer or intern, or attendance at any school of higher education whether public or private, including any secondary school, trade school, professional school, or institution of higher education on a full-time or part-time basis in this state unless granted relief under section 589.401.  Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place.  Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401.

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(L. 1997 H.B. 883, A.L. 1998 H.B. 1405, et al., A.L. 2000 S.B. 757 & 602, A.L. 2002 S.B. 758 merged with S.B. 969, et al., A.L. 2003 S.B. 5 merged with S.B. 184, A.L. 2004 H.B. 1055, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al., A.L. 2009 H.B. 62, A.L. 2014 S.B. 491, A.L. 2018 S.B. 655 merged with S.B. 793)

(2005) Sex offender registration statutes are non-punitive civil regulation and thus do not constitute an ex post facto punishment; sections also do not violate the due process rights of registrants.  R. W. v. Sanders, 168 S.W.3d 65 (Mo.banc).

(2006) Sections 589.400 to 589.425 are constitutional under ex post facto, due process, equal protection, bill of attainder, and special law provisions; however, application of registration requirement to persons who pled guilty or were found guilty prior to sections' effective date of January 1, 1995, violates constitutional ban on laws retrospective in operation.  Doe v. Phillips, 194 S.W.3d 833 (Mo.banc).

(2023) Section mandates lifetime registration requirement in Missouri if the offender "has been" subject to federal registration requirements under Sex Offender Registration and Notification Act, even if that federal obligation has expired.  Smith v. St. Louis County Police, 659 S.W.3d 895 (Mo.banc).