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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 589

Effective - 28 Aug 2018 bottom

  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;

  (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)  "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 required by the Missouri state highway patrol upon each initial and subsequent registration;

  (5)  "Residence", any place where an offender sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period;

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

  (7)  "Sex offense", any offense which is listed under section 589.414 or comparable to those listed under section 589.414 or 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;

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

  (9)  "Sexual contact", any sexual touching of or contact with a person's body, either directly or through the clothing;

  (10)  "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;

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

  (12)  "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;

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

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(L. 2018 S.B. 655)


---- end of effective   28 Aug 2018 ----

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