Section 589.404

There are multiple enactments of 589.404

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 589

Effective - 28 Aug 2026, 3 histories, see footnote   

  589.404.  Definitions. — As used in sections 589.400 to 589.425, the following terms mean:

  (1)  "Adjudicated" or "adjudication", adjudication of delinquency, a finding of guilt, plea of guilt, finding of not guilty due to mental disease or defect, or plea of nolo contendere to committing, attempting to commit, or conspiring to commit.  Adjudication does not require the imposition of sentence for the purposes of sections 589.400 to 589.425.  The term adjudication shall include by reference all acts meeting the definition of "conviction" under Section 111 of the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;

  (2)  "Adjudicated delinquent", a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

  (3)  "Chief law enforcement official", the sheriff's office of each county or the police department of a city not within a county;

  (4)  "Electronic mail", the transmission of information or communication by the use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless communication device, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person;

  (5)  "Entity", a business or organization that provides internet service, electronic communications service, remote computing service, online service, electronic mail service, or electronic instant message or chat services regardless of whether the business or organization is within or outside this state;

  (6)  "Instant message", a form of real-time text communication between two or more people.  The communication is conveyed via computers connected over a network such as the internet, or between cell phone or wireless communication device users, or over a cell phone or wireless communication device network;

  (7)  "Offender registration", the required minimum informational content of sex offender registries, which shall consist of, but not be limited to, a full set of fingerprints on a standard sex offender registration card upon initial registration in Missouri, as well as all other forms and in whatever manner required by the Missouri state highway patrol upon each initial and subsequent registration;

  (8)  "Online identifier", includes all of the following: electronic mail address, instant message screen name, user ID, cell phone number or wireless communication device number or identifier, chat or other internet communication name, social media profiles, IP addresses, or other identity information specified on the registration form by the Missouri state highway patrol;

  (9)  "Part-time", more than seven days in any twelve-month period;

  (10)  "Probation officer", includes any agent of a private entity assigned to provide probation supervision services to an offender due to the offender's status as a sexual offender who is required to register pursuant to sections 589.400 to 589.425;

  (11)  "Registration official", the chief law enforcement official for the county or city not within a county in which the offender is required to register;

  (12)  "Residence", the domicile of the offender;

  (13)  "Sex offender", any person who meets the criteria to register under sections 589.400 to 589.425 or under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;

  (14)  "Sex offender registry", a system maintained by the Missouri state highway patrol to collect, store, and disseminate all initial notification information, registration information, offender status, and all other information required under sections 589.400 to 589.425.  The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the sex offender registry publicly on the web in accordance with this section;

  (15)  "Sex offense", any offense that is listed as a tier I offense, tier II offense, or tier III offense, that is comparable to offenses listed as a tier I offense, tier II offense, or tier III offense, or that is otherwise comparable to offenses covered under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;

  (16)  "Sexual act", any type or degree of genital, oral, or anal penetration;

  (17)  "Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual contact;

  (18)  "Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come into contact with another person, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;

  (19)  "Sexual element", used for the purposes of distinguishing if sexual contact or a sexual act was committed.  Authorities shall refer to information filed by the prosecutor, amended information filed by the prosecutor, indictment information filed by the prosecutor, or amended indictment information filed by the prosecutor, the plea agreement, or court documentation to determine if a sexual element exists;

  (20)  "Signature", the name of the offender signed in writing or electronic form approved by the Missouri state highway patrol;

  (21)  "Student", an individual who enrolls in or attends the physical location of an educational institution, including a public or private secondary school, trade or professional school, or an institution of higher education;

  (22)  "Temporary residence", any place where a person sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period, other than the person's domicile;

  (23)  "Tier I offender":

  (a)  An individual who has been adjudicated for a tier I offense; or

  (b)  Any offender who is or has been adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense comparable to a tier I offense or that meets the definition of a tier I offense under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;

  (24)  "Tier II offender":

  (a)  An individual who has been adjudicated for a tier II offense; or

  (b)  Any offender who is adjudicated for an offense comparable to a tier I offense or failure to register offense under section 589.425 or comparable out-of-state failure to register offense and who is already required to register as a tier I offender due to having been adjudicated of a tier I offense on a previous occasion; or

  (c)  Any offender who is or has been adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of a sexual nature or with a sexual element that is comparable to a tier II offense or that meets the definition of a tier II offense under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;

  (25)  "Tier III offender":

  (a)  An individual who has been adjudicated for a tier III offense;

  (b)  Any offender registered as a predatory sexual offender or a persistent sexual offender, as the terms predatory sexual offender and persistent sexual offender are defined in section 566.125;

  (c)  Any offender who is adjudicated for an offense comparable to a tier I offense or tier II offense or failure to register offense under section 589.425, or other comparable out-of-state failure to register offense, who has been or is already required to register as a tier II offender because of having been adjudicated for a tier II offense, two tier I offenses, or a combination of a tier I offense and a failure to register offense, on a previous occasion;

  (d)  Any offender who is adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of a sexual nature or with a sexual element that is comparable to a tier III offense or that meets the definition of a tier III offense under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended; or

  (e)  Any offender who is adjudicated in this state for any offense of a sexual nature or with a sexual element requiring registration under sections 589.400 to 589.425 that is not classified as a tier I offense or tier II offense in this section;

  (26)  "Tier I offense", the following adjudicated offenses:

  (a)  Kidnapping in the first degree under section 565.110 with sexual motivation if the victim is eighteen years of age or older;

  (b)  Kidnapping in the second degree under section 565.120 with sexual motivation if the victim is eighteen years of age or older;

  (c)  Kidnapping in the third degree under section 565.130 with sexual motivation if the victim is eighteen years of age or older;

  (d)  Invasion of privacy under section 565.252 if the victim is less than eighteen years of age;

  (e)  Child molestation in the second degree under section 566.068 as it existed prior to January 1, 2017, if the punishment is less than one year;

  (f)  Sexual misconduct involving a child under section 566.083 if it is a first offense and the punishment is less than one year;

  (g)  Sexual misconduct in the first degree under section 566.093;

  (h)  Sexual misconduct in the second degree under section 566.095;

  (i)  Sexual abuse in the first degree under section 566.100 if the victim is eighteen years of age or older;

  (j)  Sexual abuse in the second degree under section 566.101 if the punishment is less than a year;

  (k)  Sex with an animal under section 566.111;

  (l)  Sexual conduct with a nursing facility resident or vulnerable person in the first degree under section 566.115 if the punishment is less than one year;

  (m)  Sexual conduct under section 566.116 with a nursing facility resident or vulnerable person;

  (n)  Sexual conduct in the course of public duty under section 566.145 if the victim is eighteen years of age or older;

  (o)  Trafficking for the purpose of sexual exploitation under section 566.209 if the victim is eighteen years of age or older;

  (p)  Promoting obscenity in the first degree under section 573.020 if the victim is less than eighteen years of age;

  (q)  Promoting pornography for minors or obscenity in the second degree under section 573.030 if the victim is less than eighteen years of age;

  (r)  Possession of child pornography under section 573.037 as it existed prior to August 28, 2026;

  (s)  Possession of child sexual abuse material under section 573.037;

  (t)  Furnishing pornographic material to minors under section 573.040;

  (u)  Public display of explicit sexual material under section 573.060 if the victim is less than eighteen years of age; or

  (v)  Coercing acceptance of obscene material under section 573.065 if the victim is less than eighteen years of age;

  (27)  "Tier II offense", the following adjudicated offenses:

  (a)  Statutory sodomy in the second degree under section 566.064 if the victim is sixteen to seventeen years of age;

  (b)  Child molestation in the third degree under section 566.069 if the victim is between thirteen and fourteen years of age;

  (c)  Child molestation in the fourth degree under section 566.071 if the victim is thirteen to seventeen years of age;

  (d)  Sexual misconduct involving a child under section 566.083 if it is a first offense and the penalty is a term of imprisonment of one year or more;

  (e)  Sexual contact with a student under section 566.086 if the victim is thirteen to seventeen years of age;

  (f)  Sexual abuse in the first degree under section 566.100 if the victim is thirteen to seventeen years of age;

  (g)  Sexual conduct in the course of public duty under section 566.145 if the victim is thirteen to seventeen years of age;

  (h)  Grooming or enticement of a minor under section 566.151;

  (i)  Age misrepresentation with intent to solicit a minor under section 566.153;

  (j)  Patronizing prostitution under section 567.030 if the person patronized is eighteen years of age or older;

  (k)  Promoting prostitution in the first degree under section 567.050 if the victim is eighteen years of age or older;

  (l)  Promoting prostitution in the second degree under section 567.060 if the victim is eighteen years of age or older;

  (m)  Promoting prostitution in the third degree under section 567.070 if the victim is eighteen years of age or older;

  (n)  Abuse of a child under section 568.060 if the offense is of a sexual nature and the victim is thirteen to seventeen years of age;

  (o)  Sexual exploitation of a minor under section 573.023;

  (p)  Promoting child pornography in the first degree under section 573.025 as it existed prior to August 28, 2026;

  (q)  Promoting child sexual abuse material in the first degree under section 573.025;

  (r)  Promoting child pornography in the second degree under section 573.035 as it existed prior to August 28, 2026;

  (s)  Promoting child sexual abuse material in the second degree under section 573.035;

  (t)  Nonconsensual dissemination of private sexual images under section 573.110 if the victim is seventeen years of age or under or if coercion of the victim was sexual in nature; or

  (u)  Threatening the nonconsensual dissemination of private sexual images under section 573.112 if the victim is seventeen years of age or under or if coercion of the victim was sexual in nature;

  (28)  "Tier III offense", the following adjudicated offenses:

  (a)  Kidnapping in the first degree under section 565.110 if the victim is under eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;

  (b)  Kidnapping in the second degree under section 565.120 if the victim is under eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;

  (c)  Kidnapping in the third degree under section 565.130 if the victim is under eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;

  (d)  Child kidnapping under section 565.115;

  (e)  Rape in the first degree under section 566.030;

  (f)  Rape in the second degree under section 566.031;

  (g)  Statutory rape in the first degree under section 566.032;

  (h)  Statutory rape in the second degree under section 566.034;

  (i)  Sodomy in the first degree under section 566.060;

  (j)  Sodomy in the second degree under section 566.061;

  (k)  Statutory sodomy in the first degree under section 566.062;

  (l)  Statutory sodomy in the second degree under section 566.064 if the victim is under sixteen years of age;

  (m)  Child molestation in the first degree under section 566.067;

  (n)  Child molestation in the second degree under section 566.068;

  (o)  Child molestation in the third degree under section 566.069 if the victim is under thirteen years of age;

  (p)  Child molestation in the fourth degree under section 566.071 if the victim is under thirteen years of age;

  (q)  Sexual misconduct involving a child under section 566.083 if the offense is a second or subsequent offense;

  (r)  Sexual contact with a student under section 566.086 if the victim is under thirteen years of age;

  (s)  Sexual abuse in the first degree under section 566.100 if the victim is under thirteen years of age;

  (t)  Sexual abuse in the second degree under section 566.101 if the penalty is a term of imprisonment of one year or more;

  (u)  Sexual conduct with a nursing facility resident or vulnerable person in the first degree under section 566.115 if the punishment is one year or more;

  (v)  Sexual conduct in the course of public duty under section 566.145 if the victim is under thirteen years of age;

  (w)  Trafficking for the purpose of sexual exploitation under section 566.209 if the victim is under eighteen years of age;

  (x)  Sexual trafficking of a child in the first degree under section 566.210;

  (y)  Sexual trafficking of a child in the second degree under section 566.211;

  (z)  Patronizing prostitution under section 567.030 if the offender is a persistent offender or if the person patronized is less than eighteen years of age;

  (aa)  Promoting prostitution in the first degree under section 567.050 if the victim is under eighteen years of age;

  (bb)  Promoting prostitution in the second degree under section 567.060 if the victim is under eighteen years of age;

  (cc)  Promoting prostitution in the third degree under section 567.070 if the victim is under eighteen years of age;

  (dd)  Promoting travel for prostitution under section 567.085 if the victim is under eighteen years of age;

  (ee)  Incest under section 568.020;

  (ff)  Endangering the welfare of a child in the first degree under section 568.045 if the offense is sexual in nature or if the offense involves sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;

  (gg)  Abuse of a child under section 568.060 if the offense is of a sexual nature and the victim is under thirteen years of age;

  (hh)  Genital mutilation of a female child under section 568.065;

  (ii)  Use of a child in a sexual performance under section 573.200; or

  (jj)  Promoting a sexual performance by a child under section 573.205;

  (29)  "Vehicle", any land vehicle, watercraft, or aircraft.

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(L. 2018 S.B. 655, A.L. 2022 S.B. 775, et al., A.L. 2026 H.B. 2637 & 3155 merged with S.B. 982)

Severability clause, see § 1.1005