Missouri Revised Statutes
Chapter 589
Crime Prevention and Control Programs and Services
←589.310
Section 589.400.1
589.400→
August 28, 2015
Beginning January 1, 2017--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 for removal--procedure, notice, denial of petition--higher education 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 hereafter
convicted of, been found guilty of, or pled guilty or nolo contendere to
committing, attempting to commit, or conspiring to commit a felony offense
of chapter 566, including sexual trafficking of a child and sexual
trafficking of a child under the age of twelve, or any offense of chapter
566 where the victim is a minor, unless such person is exempted from
registering under subsection 8 of this section; or
(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; or
(3) Any person who, since July 1, 1979, has been committed to the
department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as
a 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 of
general jurisdiction who has been convicted of, found guilty of, or has
pleaded guilty or nolo contendere to committing, attempting to commit, or
conspiring to commit a felony under chapter 566 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;
(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, or is hereafter convicted of, been found guilty of, or pled guilty to
or nolo contendere in any other state, or foreign country, or under
federal, tribal, or military jurisdiction to committing, attempting to
commit, or conspiring to commit an offense which, if committed in this
state, would be a violation of chapter 566, or a felony violation of any
offense listed in subdivision (2) of this subsection or has been or is
required to register in another state 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 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 days of conviction, 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. 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 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, if so requested. Such request may ask the chief law enforcement
official to forward copies of all registration forms filed with such
official. The chief law enforcement official may forward a copy of such
registration form to any city, town, village, or campus law enforcement
agency, if so requested.
3. The registration requirements of sections 589.400 through 589.425
are lifetime registration requirements unless:
(1) All offenses requiring registration are reversed, vacated or set
aside;
(2) The registrant is pardoned of the offenses requiring
registration;
(3) The registrant is no longer required to register and his or her
name shall be removed from the registry under the provisions of subsection
6 of this section; or
(4) The registrant may petition the court for removal or exemption
from the registry under subsection 7 or 8 of this section and the court
orders the removal or exemption of such person from the registry.
4. 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.
5. 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.
6. Any person currently on the sexual offender registry for being
convicted of, found guilty of, or pleading guilty or nolo contendere to
committing, attempting to commit, or conspiring to commit, felonious
restraint 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 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.
7. Any person currently on the sexual offender registry for having
been convicted of, found guilty of, or having pleaded guilty or nolo
contendere to committing, attempting to commit, or conspiring to commit
promoting prostitution in the second degree, promoting prostitution in the
third degree, public display of explicit sexual material, statutory rape in
the second degree, and no physical force or threat of physical force was
used in the commission of the crime may file a petition in the civil
division of the circuit court in the county in which the offender was
convicted or found guilty of or pled guilty or nolo contendere to
committing, attempting to commit, or conspiring to commit the offense or
offenses for the removal of his or her name from the sexual offender
registry after ten years have passed from the date he or she was required
to register.
8. Effective August 28, 2009, any person on the sexual offender
registry for having been convicted of, found guilty of, or having pled
guilty or nolo contendere to an offense included under subsection 1 of this
section may file a petition after two years have passed from the date the
offender was convicted or found guilty of or pled guilty or nolo contendere
to the offense or offenses in the civil division of the circuit court in
the county in which the offender was convicted or found guilty of or pled
guilty or nolo contendere to the offense or offenses for removal of his or
her name from the registry if such person was nineteen years of age or
younger and the victim was thirteen years of age or older at the time of
the offense and no physical force or threat of physical force was used in
the commission of the offense, unless such person meets the qualifications
of this subsection, and such person was eighteen years of age or younger at
the time of the offense, and is convicted or found guilty of or pleads
guilty or nolo contendere to a violation of section 566.068, 566.090*,
566.093, or 566.095 when such offense is a misdemeanor, in which case, such
person may immediately file a petition to remove or exempt his or her name
from the registry upon his or her conviction or finding or pleading of
guilty or nolo contendere to such offense.
9. (1) The court may grant such relief under subsection 7 or 8 of
this section if such person demonstrates to the court that he or she has
complied with the provisions of this section and is not a current or
potential threat to public safety. The prosecuting attorney in the circuit
court in which the petition is filed must be given notice, by the person
seeking removal or exemption from the registry, of the petition to present
evidence in opposition to the requested relief or may otherwise demonstrate
the reasons why the petition should be denied. Failure of the person
seeking removal or exemption from the registry to notify the prosecuting
attorney of the petition shall result in an automatic denial of such
person's petition. If the prosecuting attorney is notified of the petition
he or she shall make reasonable efforts to notify the victim of the crime
for which the person was required to register of the petition and the dates
and times of any hearings or other proceedings in connection with that
petition.
(2) If the petition is denied, such person shall wait at least twelve
months before petitioning the court again. If the court finds that the
petitioner is entitled to relief, which removes or exempts such person's
name from the registry, a certified copy of the written findings or order
shall be forwarded by the court to the chief law enforcement official
having jurisdiction over the offender and to the Missouri state highway
patrol in order to have such person's name removed or exempted from the
registry.
10. Any nonresident worker or nonresident student shall register for
the duration of such person's employment or attendance at any school of
higher education and is not entitled to relief under the provisions of
subsection 9 of this section. 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 and is not entitled to the provisions of
subsection 9 of this section.
11. Any person whose name is removed or exempted from the sexual
offender registry under subsection 7 or 8 of this section shall no longer
be required to fulfill the registration requirements of sections 589.400 to
589.425, unless such person is required to register for committing another
offense 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,
A.L. 2014 S.B. 491)
Effective 1-01-17
*Section 566.090 was transferred 2013; now 566.101.
(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).
2009
2008
2006
2004
2003
2002
2000
2009
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) 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 a felony offense of
chapter 566, including sexual trafficking of a child and sexual trafficking of
a child under the age of twelve, or any offense of chapter 566 where the
victim is a minor, unless such person is exempted from registering under
subsection 8 of this section; or
(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 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 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,
under section 565.200; 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; or
(3) Any person who, since July 1, 1979, has been committed to the
department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as a
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 of
general jurisdiction who has been convicted of, found guilty of, or has
pleaded guilty or nolo contendere to committing, attempting to commit, or
conspiring to commit a felony under chapter 566 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;
(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, or is hereafter convicted of, been found guilty of, or pled guilty to
or nolo contendere in any other state, or foreign country, or under federal,
tribal, or military jurisdiction to committing, attempting to commit, or
conspiring to commit an offense which, if committed in this state, would be a
violation of chapter 566, or a felony violation of any offense listed in
subdivision (2) of this subsection or has been or is required to register in
another state 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
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 days of conviction, 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. 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 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, if so
requested. Such request may ask the chief law enforcement official to forward
copies of all registration forms filed with such official. The chief law
enforcement official may forward a copy of such registration form to any
city, town, village, or campus law enforcement agency, if so requested.
3. The registration requirements of sections 589.400 through 589.425 are
lifetime registration requirements unless:
(1) All offenses requiring registration are reversed, vacated or set
aside;
(2) The registrant is pardoned of the offenses requiring registration;
(3) The registrant is no longer required to register and his or her name
shall be removed from the registry under the provisions of subsection 6 of
this section; or
(4) The registrant may petition the court for removal or exemption from
the registry under subsection 7 or 8 of this section and the court orders the
removal or exemption of such person from the registry.
4. 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.
5. 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.
6. Any person currently on the sexual offender registry for being
convicted of, found guilty of, or pleading guilty or nolo contendere to
committing, attempting to commit, or conspiring to commit, felonious
restraint 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 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.
7. Any person currently on the sexual offender registry for having been
convicted of, found guilty of, or having pleaded guilty or nolo contendere to
committing, attempting to commit, or conspiring to commit promoting
prostitution in the second degree, promoting prostitution in the third degree,
public display of explicit sexual material, statutory rape in the second
degree, and no physical force or threat of physical force was used in the
commission of the crime may file a petition in the civil division of the
circuit court in the county in which the offender was convicted or found
guilty of or pled guilty or nolo contendere to committing, attempting to
commit, or conspiring to commit the offense or offenses for the removal of
his or her name from the sexual offender registry after ten years have passed
from the date he or she was required to register.
8. Effective August 28, 2009, any person on the sexual offender registry
for having been convicted of, found guilty of, or having pled guilty or nolo
contendere to an offense included under subsection 1 of this section may file
a petition after two years have passed from the date the offender was
convicted or found guilty of or pled guilty or nolo contendere to the offense
or offenses in the civil division of the circuit court in the county in which
the offender was convicted or found guilty of or pled guilty or nolo
contendere to the offense or offenses for removal of his or her name from the
registry if such person was nineteen years of age or younger and the victim
was thirteen years of age or older at the time of the offense and no physical
force or threat of physical force was used in the commission of the offense,
unless such person meets the qualifications of this subsection, and such
person was eighteen years of age or younger at the time of the offense, and
is convicted or found guilty of or pleads guilty or nolo contendere to a
violation of section* 566.068, 566.090, 566.093, or 566.095 when such offense
is a misdemeanor, in which case, such person may immediately file a petition
to remove or exempt his or her name from the registry upon his or her
conviction or finding or pleading of guilty or nolo contendere to such offense.
9. (1) The court may grant such relief under subsection 7 or 8 of this
section if such person demonstrates to the court that he or she has complied
with the provisions of this section and is not a current or potential threat
to public safety. The prosecuting attorney in the circuit court in which the
petition is filed must be given notice, by the person seeking removal or
exemption from the registry, of the petition to present evidence in
opposition to the requested relief or may otherwise demonstrate the reasons
why the petition should be denied. Failure of the person seeking removal or
exemption from the registry to notify the prosecuting attorney of the
petition shall result in an automatic denial of such person's petition. If
the prosecuting attorney is notified of the petition he or she shall make
reasonable efforts to notify the victim of the crime for which the person was
required to register of the petition and the dates and times of any hearings
or other proceedings in connection with that petition.
(2) If the petition is denied, such person shall wait at least twelve
months before petitioning the court again. If the court finds that the
petitioner is entitled to relief, which removes or exempts such person's name
from the registry, a certified copy of the written findings or order shall be
forwarded by the court to the chief law enforcement official having
jurisdiction over the offender and to the Missouri state highway patrol in
order to have such person's name removed or exempted from the registry.
10. Any nonresident worker or nonresident student shall register for the
duration of such person's employment or attendance at any school of higher
education and is not entitled to relief under the provisions of subsection 9
of this section. 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 and is not entitled to the provisions of subsection 9 of
this section.
11. Any person whose name is removed or exempted from the sexual
offender registry under subsection 7 or 8 of this section shall no longer be
required to fulfill the registration requirements of sections 589.400 to
589.425, unless such person is required to register for committing another
offense after being removed from the registry.
2008
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) 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 a felony offense
of chapter 566, RSMo, including sexual trafficking of a child and sexual
trafficking of a child under the age of twelve, or any offense of chapter
566, RSMo, where the victim is a minor; or
(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 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, RSMo, when such abuse is sexual in nature; felonious
restraint 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, under section 565.200, RSMo; endangering the welfare of
a child under section 568.045, RSMo, when the endangerment is sexual in
nature; genital mutilation of a female child, under section 568.065, RSMo;
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; and committed or
attempted to commit the offense against a victim who is a minor, defined
for the purposes of sections 589.400 to 589.425 as a person under eighteen
years of age; or
(3) Any person who, since July 1, 1979, has been committed to the
department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as
a 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 of
general jurisdiction who has been convicted of, found guilty of, or has
pleaded guilty or nolo contendere to committing, attempting to commit, or
conspiring to commit a felony under chapter 566, RSMo, 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;
(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, or is hereafter convicted of, been found guilty of, or pled guilty to
or nolo contendere in any other state, or foreign country, or under
federal, tribal, or military jurisdiction to committing, attempting to
commit, or conspiring to commit an offense which, if committed in this
state, would be a violation of chapter 566, RSMo, or a felony violation of
any offense listed in subdivision (2) of this subsection or has been or is
required to register in another state 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 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 days of conviction, 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. 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 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, if so requested. Such request may ask the chief law enforcement
official to forward copies of all registration forms filed with such
official. The chief law enforcement official may forward a copy of such
registration form to any city, town, village, or campus law enforcement
agency, if so requested.
3. The registration requirements of sections 589.400 through 589.425
are lifetime registration requirements unless:
(1) All offenses requiring registration are reversed, vacated or set
aside;
(2) The registrant is pardoned of the offenses requiring
registration;
(3) The registrant is no longer required to register and his or her
name shall be removed from the registry under the provisions of subsection
6 of this section; or
(4) The registrant may petition the court for removal from the
registry under subsection 7 or 8 of this section and the court orders the
removal of such person from the registry.
4. 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.
5. 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.
6. Any person currently on the sexual offender registry for being
convicted of, found guilty of, or pleading guilty or nolo contendere to
committing, attempting to commit, or conspiring to commit, felonious
restraint 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, RSMo, or kidnapping 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.
7. Any person currently on the sexual offender registry for having
been convicted of, found guilty of, or having pleaded guilty or nolo
contendere to committing, attempting to commit, or conspiring to commit
promoting prostitution in the second degree, promoting prostitution in the
third degree, public display of explicit sexual material, statutory rape in
the second degree, and no physical force or threat of physical force was
used in the commission of the crime may file a petition in the civil
division of the circuit court in the county in which the offender was
convicted or found guilty of or pled guilty or nolo contendere to
committing, attempting to commit, or conspiring to commit the offense or
offenses for the removal of his or her name from the sexual offender
registry after ten years have passed from the date he or she was required
to register.
8. Effective August 28, 2006, any person on the sexual offender
registry for having been convicted of, found guilty of, or having pled
guilty or nolo contendere to an offense included under subsection 1 of this
section may file a petition after two years have passed from the date the
offender was convicted or found guilty of or pled guilty or nolo contendere
to the offense or offenses in the civil division of the circuit court in
the county in which the offender was convicted or found guilty of or pled
guilty or nolo contendere to the offense or offenses for removal of his or
her name from the registry if such person was nineteen years of age or
younger and the victim was thirteen years of age or older at the time of
the offense and no physical force or threat of physical force was used in
the commission of the offense.
9. (1) The court may grant such relief under subsection 7 or 8 of
this section if such person demonstrates to the court that he or she has
complied with the provisions of this section and is not a current or
potential threat to public safety. The prosecuting attorney in the circuit
court in which the petition is filed must be given notice, by the person
seeking removal from the registry, of the petition to present evidence in
opposition to the requested relief or may otherwise demonstrate the reasons
why the petition should be denied. Failure of the person seeking removal
from the registry to notify the prosecuting attorney of the petition shall
result in an automatic denial of such person's petition. If the
prosecuting attorney is notified of the petition he or she shall make
reasonable efforts to notify the victim of the crime for which the person
was required to register of the petition and the dates and times of any
hearings or other proceedings in connection with that petition.
(2) If the petition is denied, such person shall wait at least twelve
months before petitioning the court again. If the court finds that the
petitioner is entitled to relief, which removes such person's name from the
registry, a certified copy of the written findings or order shall be
forwarded by the court to the chief law enforcement official having
jurisdiction over the offender and to the Missouri state highway patrol in
order to have such person's name removed from the registry.
10. Any nonresident worker or nonresident student shall register for
the duration of such person's employment or attendance at any school of
higher education and is not entitled to relief under the provisions of
subsection 9 of this section. 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 and is not entitled to the provisions of
subsection 9 of this section.
11. Any person whose name is removed from the sexual offender
registry under subsection 7 or 8 of this section shall no longer be
required to fulfill the registration requirements of sections 589.400 to
589.425, unless such person is required to register for committing another
offense after being removed from the registry.
2006
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) 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, or attempting to commit, a felony offense of chapter 566, RSMo,
including sexual trafficking of a child and sexual trafficking of a child
under the age of twelve, or any offense of chapter 566, RSMo, where the
victim is a minor; or
(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, or attempting to commit one or more of the following offenses:
kidnapping when the victim was a child and the defendant was not a parent
or guardian of the child; felonious restraint 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, under section
565.200, RSMo; endangering the welfare of a child under section 568.045,
RSMo, when the endangerment is sexual in nature; genital mutilation of a
female child, under section 568.065, RSMo; 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; and committed or attempted to commit the offense against a victim
who is a minor, defined for the purposes of sections 589.400 to 589.425 as
a person under eighteen years of age; or
(3) Any person who, since July 1, 1979, has been committed to the
department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as
a result of mental disease or defect of any offense listed in subdivision
(1) or (2) of this subsection; or
(5) 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 to
or nolo contendere in any other state, foreign country, or under federal or
military jurisdiction to committing, or attempting to commit, an offense
which, if committed in this state, would be a violation of chapter 566,
RSMo, or a felony violation of any offense listed in subdivision (2) of
this subsection or has been or is required to register in another state or
has been or is required to register under federal or military law; or
(6) Any person who has been or is required to register in another
state or has been or is required to register under federal or military law
and who works or attends school or training 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 fourteen days in any twelve-month
period.
2. Any person to whom sections 589.400 to 589.425 apply shall, within
ten days of conviction, 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. 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 ten days of August 28,
2003. 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, if so requested. Such request may ask the chief law
enforcement official to forward copies of all registration forms filed with
such official. The chief law enforcement official may forward a copy of
such registration form to any city, town, village, or campus law
enforcement agency, if so requested.
3. The registration requirements of sections 589.400 through 589.425
are lifetime registration requirements unless:
(1) All offenses requiring registration are reversed, vacated or set
aside;
(2) The registrant is pardoned of the offenses requiring
registration;
(3) The registrant is no longer required to register and his or her
name shall be removed from the registry under the provisions of subsection
6 of this section; or
(4) The registrant may petition the court for removal from the
registry under subsection 7 or 8 of this section and the court orders the
removal of such person from the registry.
4. 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.
5. 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.
6. Effective August 28, 2006, any person currently on the sexual
offender registry for being convicted of, found guilty of, or pleading
guilty or nolo contendere to committing felonious restraint 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, RSMo, or
kidnapping 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.
7. Effective August 28, 2006, any person currently on the sexual
offender registry for having been convicted of, found guilty of, or having
pleaded guilty or nolo contendere to promoting prostitution in the second
degree, promoting prostitution in the third degree, public display of
explicit sexual material, statutory rape in the second degree, and no
physical force or threat of physical force was used in the commission of
the crime, may file a petition in the civil division of the circuit court
in the county in which the offender was convicted or found guilty of or
pled guilty or nolo contendere to the offense or offenses for the removal
of his or her name from the sexual offender registry after ten years have
passed from the date he or she was required to register.
8. Effective August 28, 2006, any person on the sexual offender
registry for having been convicted of, found guilty of, or having pled
guilty or nolo contendere to an offense included under subsection 1 of this
section may file a petition after two years have passed from the date the
offender was convicted or found guilty of or pled guilty or nolo contendere
to the offense or offenses in the civil division of the circuit court in
the county in which the offender was convicted or found guilty of or pled
guilty or nolo contendere to the offense or offenses for removal of his or
her name from the registry if such person was nineteen years of age or
younger and the victim was thirteen years of age or older at the time of
the offense and no physical force or threat of physical force was used in
the commission of the offense.
9. (1) The court may grant such relief under subsection 7 or 8 of
this section if such person demonstrates to the court that he or she has
complied with the provisions of this section and is not a current or
potential threat to public safety. The prosecuting attorney in the circuit
court in which the petition is filed must be given notice, by the person
seeking removal from the registry, of the petition to present evidence in
opposition to the requested relief or may otherwise demonstrate the reasons
why the petition should be denied. Failure of the person seeking removal
from the registry to notify the prosecuting attorney of the petition shall
result in an automatic denial of such person's petition. If the
prosecuting attorney is notified of the petition he or she shall make
reasonable efforts to notify the victim of the crime for which the person
was required to register of the petition and the dates and times of any
hearings or other proceedings in connection with that petition.
(2) If the petition is denied, such person shall wait at least twelve
months before petitioning the court again. If the court finds that the
petitioner is entitled to relief, which removes such person's name from the
registry, a certified copy of the written findings or order shall be
forwarded by the court to the chief law enforcement official having
jurisdiction over the offender and to the Missouri state highway patrol in
order to have such person's name removed from the registry.
10. Any nonresident worker or nonresident student shall register for
the duration of such person's employment or attendance at any school of
higher education and is not entitled to relief under the provisions of
subsection 9 of this section. Any registered offender from another state
who has a temporary residence in this state and resides more than fourteen
days in a twelve-month period shall register for the duration of such
person's temporary residency and is not entitled to the provisions of
subsection 9 of this section.
11. Any person whose name is removed from the sexual offender
registry under subsection 7 or 8 of this section shall no longer be
required to fulfill the registration requirements of sections 589.400 to
589.425, unless such person is required to register for committing another
offense after being removed from the registry.
2004
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) 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, or attempting to commit, a felony offense of chapter 566, RSMo,
or any offense of chapter 566, RSMo, where the victim is a minor; or
(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, or attempting to commit one or more of the following offenses:
kidnapping, pursuant to section 565.110, RSMo; felonious restraint;
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; abuse of a child, pursuant to
section 568.060, RSMo; use of a child in a sexual performance; or promoting
sexual performance by a child; and committed or attempted to commit the
offense against a victim who is a minor, defined for the purposes of
sections 589.400 to 589.425 as a person under eighteen years of age; or
(3) Any person who, since July 1, 1979, has been committed to the
department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as
a result of mental disease or defect of any offense listed in subdivision
(1) or (2) of this subsection; or
(5) 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 to
or nolo contendere in any other state, foreign country, or under federal or
military jurisdiction to committing, or attempting to commit, an offense
which, if committed in this state, would be a violation of chapter 566,
RSMo, or a felony violation of any offense listed in subdivision (2) of
this subsection or has been or is required to register in another state or
has been or is required to register under federal or military law; or
(6) Any person who has been or is required to register in another
state or has been or is required to register under federal or military law
and who works or attends school or training on a full-time or on a
part-time basis in Missouri. "Part-time" in this subdivision means for
more than fourteen days in any twelve-month period.
2. Any person to whom sections 589.400 to 589.425 apply shall, within
ten days of conviction, release from incarceration, or placement upon
probation, register with the chief law enforcement official of the county
in which such person resides unless such person has already registered in
that 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
within ten days of August 28, 2003. 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, if so requested. Such
request may ask the chief law enforcement official to forward copies of all
registration forms filed with such official. The chief law enforcement
official may forward a copy of such registration form to any city, town,
village, or campus law enforcement agency, if so requested.
3. The registration requirements of sections 589.400 through 589.425
are lifetime registration requirements unless all offenses requiring
registration are reversed, vacated or set aside or unless the registrant is
pardoned of the offenses requiring registration.
4. For processing an initial sex offender registration the chief law
enforcement officer of the county may charge the offender registering a fee
of up to ten dollars.
5. For processing any change in registration required pursuant to
section 589.414 the chief law enforcement official of the county may charge
the person changing their registration a fee of five dollars for each
change made after the initial registration.
2003
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) Any person who, since July 1, 1979, has been or is hereafter
convicted of, been found guilty of, or pled guilty to committing, or
attempting to commit, a felony offense of chapter 566, RSMo, or any offense
of chapter 566, RSMo, where the victim is a minor; or
(2) Any person who, since July 1, 1979, has been or is hereafter
convicted of, been found guilty of, or pled guilty to committing, or
attempting to commit one or more of the following offenses: kidnapping,
pursuant to section 565.110, RSMo; felonious restraint; promoting
prostitution in the first degree; promoting prostitution in the second
degree; promoting prostitution in the third degree; incest; abuse of a
child, pursuant to section 568.060, RSMo; use of a child in a sexual
performance; or promoting sexual performance by a child; and committed or
attempted to commit the offense against a victim who is a minor, defined
for the purposes of sections 589.400 to 589.425 as a person under eighteen
years of age; or
(3) Any person who, since July 1, 1979, has been committed to the
department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as
a result of mental disease or defect of any offense listed in subdivision
(1) or (2) of this subsection; or
(5) 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 to
or nolo contendere in any other state or under federal jurisdiction to
committing, or attempting to commit, an offense which, if committed in this
state, would be a violation of chapter 566, RSMo, or a felony violation of
any offense listed in subdivision (2) of this subsection or has been or is
required to register in another state or has been or is required to
register under federal or military law; or
(6) Any person who has been or is required to register in another
state or has been or is required to register under federal or military law
and who works or attends school or training on a full-time or on a
part-time basis in Missouri. "Part-time" in this subdivision means for
more than fourteen days in any twelve-month period.
2. Any person to whom sections 589.400 to 589.425 apply shall, within
ten days of conviction, release from incarceration, or placement upon
probation, register with the chief law enforcement official of the county
in which such person resides unless such person has already registered in
that 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
within ten days of August 28, 2003. 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, if so requested. Such
request may ask the chief law enforcement official to forward copies of all
registration forms filed with such official. The chief law enforcement
official may forward a copy of such registration form to any city, town,
village, or campus law enforcement agency, if so requested.
3. The registration requirements of sections 589.400 through 589.425
are lifetime registration requirements unless all offenses requiring
registration are reversed, vacated or set aside or unless the registrant is
pardoned of the offenses requiring registration.
2002
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) Any person who, since July 1, 1979, has been or is hereafter
convicted of, been found guilty of, or pled guilty to committing, or
attempting to commit, a felony offense of chapter 566, RSMo, or any offense of
chapter 566, RSMo, where the victim is a minor; or
(2) Any person who, since July 1, 1979, has been or is hereafter
convicted of, been found guilty of, or pled guilty to committing, or
attempting to commit one or more of the following offenses: kidnapping,
pursuant to section 565.110, RSMo; felonious restraint; promoting prostitution
in the first degree; promoting prostitution in the second degree; promoting
prostitution in the third degree; incest; abuse of a child, pursuant to
section 568.060, RSMo; use of a child in a sexual performance; or promoting
sexual performance by a child; and committed or attempted to commit the
offense against a victim who is a minor, defined for the purposes of sections
589.400 to 589.425 as a person under eighteen years of age; or
(3) Any person who, since July 1, 1979, has been committed to the
department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as a
result of mental disease or defect of any offense listed in subdivision (1) or
(2) of this subsection; or
(5) 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 to or
nolo contendere in any other state or under federal jurisdiction to
committing, or attempting to commit, an offense which, if committed in this
state, would be a violation of chapter 566, RSMo, or a felony violation of any
offense listed in subdivision (2) of this subsection or has been or is
required to register in another state or has been or is required to register
under federal or military law; or
(6) Any person who has been or is required to register in another state
or has been or is required to register under federal or military law and who
works or attends school or training on a full-time or on a part-time basis in
Missouri. "Part-time" in this subdivision means for more than fourteen days
in any twelve-month period.
2. Any person to whom sections 589.400 to 589.425 apply shall, within
ten days of conviction, release from incarceration, or placement upon
probation, register with the chief law enforcement official of the county in
which such person resides unless such person has already registered in that
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 within ten days of
August 28, 2002. The chief law enforcement official shall forward a copy of
the registration form required by section 589.407 to a city, town or village
law enforcement agency located within the county of the chief law enforcement
official, if so requested. Such request may ask the chief law enforcement
official to forward copies of all registration forms filed with such official.
The chief law enforcement official may forward a copy of such registration
form to any city, town or village law enforcement agency, if so requested.
3. The registration requirements of sections 589.400 through 589.425 are
lifetime registration requirements unless all offenses requiring registration
are reversed, vacated or set aside or unless the registrant is pardoned of the
offenses requiring registration.
2000
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) Any person who, since July 1, 1979, has been or is hereafter
convicted of, been found guilty of, or pled guilty to committing, or
attempting to commit, an offense of chapter 566, RSMo; or
(2) Any person who, since July 1, 1979, has been or is hereafter
convicted of, been found guilty of, or pled guilty to committing, or
attempting to commit one or more of the following offenses: kidnapping;
promoting prostitution in the first degree; promoting prostitution in the
second degree; promoting prostitution in the third degree; incest; abuse of
a child; used a child in a sexual performance; or promoting sexual
performance by a child; and committed or attempted to commit the offense
against a victim who is a minor, defined for the purposes of sections
589.400 to 589.425 as a person under eighteen years of age; or
(3) Any person who, since July 1, 1979, has been committed to the
department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as
a result of mental disease or defect of any offense listed in subdivision
(1) or (2) of this subsection; or
(5) Any person who is a resident of this state and has been or is
required to register in another state or has been or is required to
register under federal or military law; or
(6) Any person who has been or is required to register in another
state or has been or is required to register under federal or military law
and who works or attends school or training on a full-time or on a part-
time basis in Missouri. Part-time in this subdivision means for more than
fourteen days in any twelve-month period.
2. Any person to whom sections 589.400 to 589.425 apply* shall,
within ten days of coming into any county, register with the chief law
enforcement official of the county in which such person resides. The chief
law enforcement official shall forward a copy of the registration form
required by section 589.407 to a city, town or village law enforcement
agency located within the county of the chief law enforcement official, if
so requested. Such request may ask the chief law enforcement official to
forward copies of all registration forms filed with such official. The
chief law enforcement official may forward a copy of such registration form
to any city, town or village law enforcement agency, if so requested.
3. The registration requirements of sections 589.400 through 589.425
are lifetime registration requirements unless all offenses requiring
registration are reversed, vacated or set aside or unless the registrant is
pardoned of the offenses requiring registration.
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