Sex Offender Registry Sanity – Law Change to Allow Removal of Registry Requirement for Thousands


A law change that will take effect on August 28, 2018, allow many convicted sex offenders to be removed from the registry. SB655 allows sex offenders on tier 1 – the lowest level of offender – to be removed from the registry as early as 10 years following conviction. A tier 2 sex offender is eligible for removal from the registry at 25 years. Just as all sex offenders before, a tier 3 sex offender will be on the registry for life.

This represents a significant change in the registry laws in Missouri and brings the previously draconian state laws in line with the federal laws.

The law defines tier 1 sex offenders as a predatory or persistent sexual offender (as defined by 566.125) who has been adjudicated for the offense of:

  1. Sexual abuse in the first degree under Sect. 566.100 if the victim is 18 years old or older;
  2. Sexual misconduct involving a child under section 566.083 if it is a first offense and the punishment is less than one year;
  3. Sexual abuse in the second degree under section 566.101 if the punishment is less than a year;
  4. Kidnapping in the second degree under section 565.120 with sexual motivation;
  5. Kidnapping in the third degree under section 565.130;
  6. 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;
  7. Sexual conduct under section 566.116 with a nursing facility resident or vulnerable person;
  8. Sexual contact with a prisoner or offender under section 566.145 if the victim is eighteen years of age or older;
  9. Sex with an animal under section 566.111;
  10. Trafficking for the purpose of sexual exploitation under section 566.209 if the victim is eighteen years of age or older;
  11. Possession of child pornography under section 573.037;
  12. Sexual misconduct in the first degree under section 566.093; (m) Sexual misconduct in the second degree under section 566.095;
  13. 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; or
  14. (o) Invasion of privacy under section 565.252 if the victim is less than eighteen years of age;

A tier 2 sex offender includes any offender who has been adjudicated for the offense of:

  1. Statutory sodomy in the second degree under section 566.064 if the victim is sixteen to seventeen years of age;
  2. Child molestation in the third degree under section 566.069 if the victim is between thirteen and fourteen years of age;
  3. Sexual contact with a student under section 566.086 if the victim is thirteen to seventeen years of age;
  4. Enticement of a child under section 566.151;
  5. 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;
  6. Sexual exploitation of a minor under section 573.023;
  7. Promoting child pornography in the first degree under section 573.025;
  8. Promoting child pornography in the second degree under section 573.035;
  9. Patronizing prostitution under section 567.030;
  10. Sexual contact with a prisoner or offender under section 566.145 if the victim is thirteen to seventeen years of age;
  11. Child molestation in the fourth degree under section 566.071 if the victim is thirteen to seventeen years of age;
  12. Sexual misconduct involving a child under section 566.083 if it is a first offense and the penalty is a term of imprisonment of more than a year; or
  13. Age misrepresentation with intent to
  14. solicit a minor under section 566.153;

Tier III sexual offenders include any offender registered as a predatory sexual offender as defined in section 566.123 or a persistent sexual offender as defined in section 566.124 and any offender who has been adjudicated for the crime of:

  1. Rape in the first degree under section 566.030;
  2. Statutory rape in the first degree under section 566.032; (c) Rape in the second degree under section 566.031;
  3. Endangering the welfare of a child in the first degree under section 568.045 if the offense is sexual in nature;
  4. Sodomy in the first degree under section 566.060;
  5. Statutory sodomy under section 566.062;
  6. Statutory sodomy under section 566.064 if the victim is under sixteen years of age;
  7. Sodomy in the second degree under section 566.061;
  8. Sexual misconduct involving a child under section 566.083 if the offense is a second or subsequent offense;
  9. Sexual abuse in the first degree under section 566.100 if the victim is under thirteen years of age;
  10. 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;
  11. Child kidnapping under section 565.115;
  12. Sexual conduct with a nursing facility resident or vulnerable person in the first degree under section 566.115 if the punishment is greater than a year;
  13. Incest under section 568.020;
  14. Endangering the welfare of a child in the first degree under section 568.045 with sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;
  15. Child molestation in the first degree under section 566.067;
  16. Child molestation in the second degree under section 566.068; (r) Child molestation in the third degree under section 566.069 if the victim is under thirteen years of age;
  17. Promoting prostitution in the first degree under section 567.050 if the victim is under eighteen years of age;
  18. Promoting prostitution in the second degree under section 567.060 if the victim is under eighteen years of age;
  19. Promoting prostitution in the third degree under section 567.070 if the victim is under eighteen years of age;
  20. Promoting travel for prostitution under section 567.085 if the victim is under eighteen years of age;
  21. Trafficking for the purpose of sexual exploitation under section 566.209 if the victim is under eighteen years of age;
  22. Sexual trafficking of a child in the first degree under section 566.210;
  23. Sexual trafficking of a child in the second degree under section 566.211;
  24. Genital mutilation of a female child under section 568.065; (aa) Statutory rape in the second degree under section 566.034;
  25. Child molestation in the fourth degree under section 566.071 if the victim is under thirteen years of age;
  26. Sexual abuse in the second degree under section 566.101 if the penalty is a term of imprisonment of more than a year;
  27. Patronizing prostitution under section 567.030 if the offender is a persistent offender;
  28. 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;
  29. Sexual contact with a prisoner or offender under section 566.145 if the victim is under thirteen years of age;
  30. Sexual intercourse with a prisoner or offender under section 566.145;
  31. Sexual contact with a student under section 566.086 if the victim is under thirteen years of age;
  32. Use of a child in a sexual performance under section 573.200; or
  33. Promoting a sexual performance by a child under section 573.205;

There are, of course, other factors that go into the placing of an offender in Tier 1, 2, or 3. If you have been convicted of a sex offense more than 10 years ago, you should talk to an attorney to see how you can get off of the registry under the new law change.

 

For the full-text of SB655 go here:

https://www.senate.mo.gov/18info/pdf-bill/tat/SB655.pdf