589.400. Registration of certain offenders with chief law officers of county of residence--time limitation--cities may request copy of registration--fees--automatic removal from registry--petitions fo
Registration of certain offenders with chief law officers of county ofresidence--time limitation--cities may request copy ofregistration--fees--automatic removal from registry--petitionsfor removal--procedure, notice, denial of petition--highereducation students and workers--persons removed.
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) Any person who, since July 1, 1979, has been or is hereafterconvicted of, been found guilty of, or pled guilty or nolo contendere tocommitting, attempting to commit, or conspiring to commit a felony offenseof chapter 566, RSMo, including sexual trafficking of a child and sexualtrafficking of a child under the age of twelve, or any offense of chapter566, RSMo, where the victim is a minor, unless such person is exempted fromregistering under subsection 8 of this section; or
(2) Any person who, since July 1, 1979, has been or is hereafterconvicted of, been found guilty of, or pled guilty or nolo contendere tocommitting, attempting to commit, or conspiring to commit one or more ofthe following offenses: kidnapping when the victim was a child and thedefendant was not a parent or guardian of the child; abuse of a child undersection 568.060, RSMo, when such abuse is sexual in nature; feloniousrestraint when the victim was a child and the defendant is not a parent orguardian of the child; sexual contact or sexual intercourse with a residentof a nursing home, under section 565.200, RSMo; endangering the welfare ofa child under section 568.045, RSMo, when the endangerment is sexual innature; genital mutilation of a female child, under section 568.065, RSMo;promoting prostitution in the first degree; promoting prostitution in thesecond degree; promoting prostitution in the third degree; sexualexploitation of a minor; promoting child pornography in the first degree;promoting child pornography in the second degree; possession of childpornography; furnishing pornographic material to minors; public display ofexplicit sexual material; coercing acceptance of obscene material;promoting obscenity in the first degree; promoting pornography for minorsor obscenity in the second degree; incest; use of a child in a sexualperformance; or promoting sexual performance by a child; or
(3) Any person who, since July 1, 1979, has been committed to thedepartment of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty asa result of mental disease or defect of any offense listed in subdivision(1) or (2) of this subsection; or
(5) Any juvenile certified as an adult and transferred to a court ofgeneral jurisdiction who has been convicted of, found guilty of, or haspleaded guilty or nolo contendere to committing, attempting to commit, orconspiring to commit a felony under chapter 566, RSMo, which is equal to ormore severe than aggravated sexual abuse under 18 U.S.C. Section 2241,which shall include any attempt or conspiracy to commit such offense;
(6) Any juvenile fourteen years of age or older at the time of theoffense who has been adjudicated for an offense which is equal to or moresevere than aggravated sexual abuse under 18 U.S.C. Section 2241, whichshall 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, or is hereafter convicted of, been found guilty of, or pled guilty toor nolo contendere in any other state, or foreign country, or underfederal, tribal, or military jurisdiction to committing, attempting tocommit, or conspiring to commit an offense which, if committed in thisstate, would be a violation of chapter 566, RSMo, or a felony violation ofany offense listed in subdivision (2) of this subsection or has been or isrequired to register in another state or has been or is required toregister under tribal, federal, or military law; or
(8) Any person who has been or is required to register in anotherstate or has been or is required to register under tribal, federal, ormilitary law and who works or attends an educational institution, whetherpublic or private in nature, including any secondary school, trade school,professional school, or institution of higher education on a full-time oron a part-time basis or has a temporary residence in Missouri."Part-time" in this subdivision means for more than seven days in anytwelve-month period.
2. Any person to whom sections 589.400 to 589.425 apply shall, withinthree days of conviction, release from incarceration, or placement uponprobation, register with the chief law enforcement official of the countyor city not within a county in which such person resides unless such personhas already registered in that county for the same offense. Any person towhom sections 589.400 to 589.425 apply if not currently registered in theircounty of residence shall register with the chief law enforcement officialof such county or city not within a county within three days. The chieflaw enforcement official shall forward a copy of the registration formrequired by section 589.407 to a city, town, village, or campus lawenforcement agency located within the county of the chief law enforcementofficial, if so requested. Such request may ask the chief law enforcementofficial to forward copies of all registration forms filed with suchofficial. The chief law enforcement official may forward a copy of suchregistration form to any city, town, village, or campus law enforcementagency, if so requested.
3. The registration requirements of sections 589.400 through 589.425are lifetime registration requirements unless:
(1) All offenses requiring registration are reversed, vacated or setaside;
(2) The registrant is pardoned of the offenses requiringregistration;
(3) The registrant is no longer required to register and his or hername shall be removed from the registry under the provisions of subsection6 of this section; or
(4) The registrant may petition the court for removal or exemptionfrom the registry under subsection 7 or 8 of this section and the courtorders the removal or exemption of such person from the registry.
4. For processing an initial sex offender registration the chief lawenforcement officer of the county or city not within a county may chargethe offender registering a fee of up to ten dollars.
5. For processing any change in registration required pursuant tosection 589.414 the chief law enforcement official of the county or citynot within a county may charge the person changing their registration a feeof five dollars for each change made after the initial registration.
6. Any person currently on the sexual offender registry for beingconvicted of, found guilty of, or pleading guilty or nolo contendere tocommitting, attempting to commit, or conspiring to commit, feloniousrestraint when the victim was a child and he or she was the parent orguardian of the child, nonsexual child abuse that was committed undersection 568.060, RSMo, or kidnapping when the victim was a child and he orshe was the parent or guardian of the child shall be removed from theregistry. However, such person shall remain on the sexual offenderregistry for any other offense for which he or she is required to registerunder sections 589.400 to 589.425.
7. Any person currently on the sexual offender registry for havingbeen convicted of, found guilty of, or having pleaded guilty or nolocontendere to committing, attempting to commit, or conspiring to commitpromoting prostitution in the second degree, promoting prostitution in thethird degree, public display of explicit sexual material, statutory rape inthe second degree, and no physical force or threat of physical force wasused in the commission of the crime may file a petition in the civildivision of the circuit court in the county in which the offender wasconvicted or found guilty of or pled guilty or nolo contendere tocommitting, attempting to commit, or conspiring to commit the offense oroffenses for the removal of his or her name from the sexual offenderregistry after ten years have passed from the date he or she was requiredto register.
8. Effective August 28, 2009, any person on the sexual offenderregistry for having been convicted of, found guilty of, or having pledguilty or nolo contendere to an offense included under subsection 1 of thissection may file a petition after two years have passed from the date theoffender was convicted or found guilty of or pled guilty or nolo contendereto the offense or offenses in the civil division of the circuit court inthe county in which the offender was convicted or found guilty of or pledguilty or nolo contendere to the offense or offenses for removal of his orher name from the registry if such person was nineteen years of age oryounger and the victim was thirteen years of age or older at the time ofthe offense and no physical force or threat of physical force was used inthe commission of the offense, unless such person meets the qualificationsof this subsection, and such person was eighteen years of age or younger atthe time of the offense, and is convicted or found guilty of or pleadsguilty or nolo contendere to a violation of section* 566.068, 566.090,566.093, or 566.095, RSMo, when such offense is a misdemeanor, in whichcase, such person may immediately file a petition to remove or exempt hisor her name from the registry upon his or her conviction or finding orpleading of guilty or nolo contendere to such offense.
9. (1) The court may grant such relief under subsection 7 or 8 ofthis section if such person demonstrates to the court that he or she hascomplied with the provisions of this section and is not a current orpotential threat to public safety. The prosecuting attorney in the circuitcourt in which the petition is filed must be given notice, by the personseeking removal or exemption from the registry, of the petition to presentevidence in opposition to the requested relief or may otherwise demonstratethe reasons why the petition should be denied. Failure of the personseeking removal or exemption from the registry to notify the prosecutingattorney of the petition shall result in an automatic denial of suchperson's petition. If the prosecuting attorney is notified of the petitionhe or she shall make reasonable efforts to notify the victim of the crimefor which the person was required to register of the petition and the datesand times of any hearings or other proceedings in connection with thatpetition.
(2) If the petition is denied, such person shall wait at least twelvemonths before petitioning the court again. If the court finds that thepetitioner is entitled to relief, which removes or exempts such person'sname from the registry, a certified copy of the written findings or ordershall be forwarded by the court to the chief law enforcement officialhaving jurisdiction over the offender and to the Missouri state highwaypatrol in order to have such person's name removed or exempted from theregistry.
10. Any nonresident worker or nonresident student shall register forthe duration of such person's employment or attendance at any school ofhigher education and is not entitled to relief under the provisions ofsubsection 9 of this section. Any registered offender from another statewho has a temporary residence in this state and resides more than sevendays in a twelve-month period shall register for the duration of suchperson's temporary residency and is not entitled to the provisions ofsubsection 9 of this section.
11. Any person whose name is removed or exempted from the sexualoffender registry under subsection 7 or 8 of this section shall no longerbe required to fulfill the registration requirements of sections 589.400 to589.425, unless such person is required to register for committing anotheroffense after being removed from the registry.
(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)*Word "sections" appears in original rolls.
(2002) Person entering Alford plea to one of the enumerated offenses is subject to sex offender registration. Haffner v. Saulters, 77 S.W.3d 45 (Mo.App.E.D.).
(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).