MISSOURI SEX OFFENDER LAWS

Understand Missouri Sex Offender Laws

Missouri sex offender laws are designed to have a permanent effect on your life if convicted. Sex offender designation carries a significant legal burden and social stigma that will undoubtedly have a negative impact on your life. The stakes are high. 

What many people don’t realize is the broad scope of how Missouri sex offender laws are being applied to the average person, particularly young people. Without much thought, “sexting” carries the very real risk of criminal investigation and, in the right case, prosecution.

This page was created to give you a detailed look at all the details of Missouri sex offender laws including a list of registration offenses, penalties for failing to register, registration requirements, timelines, and information on removal from the offender registry.

  • Missouri Sex Offender Laws: Registration Offenses
  • Missouri Sex Offender Laws: Failure to Register Penalties
  • Missouri Sex Offender Laws: Who is Required to Register?
  • Missouri Sex Offender Laws: Registration Requirements
  • Missouri Sex Offender Laws: Registration Timeline
  • Missouri Sex Offender Laws: Removal from the Offender Registry

A sex offense conviction can disrupt your life and of your loved ones. Consulting a Missouri sex offense lawyer is the very first line of defense in a case where you are charged or accused.

Our group of highly regarded criminal defense lawyers possess years of experience managing hundreds of bench and jury trials for serious criminal charges, we’re ready to fight for your rights and help you avoid the outcome of a sex offense conviction in Missouri.

Child Porn Laws

At Carver, Cantin and Mynarich, we have extensive experience with child porn laws.

If you have been charged with a crime under Missouri Sex Offender Laws, or even being investigated, it is in your best interest to speak with a highly-qualified team of sex crime attorneys. Carver, Cantin & Mynarich, LLC is very familiar with Missouri’s sex offender designation crimes and possesses years of experience defending people in your exact situation.

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By U.S. News & World Report & Best Lawyers

Missouri Sex Offender Laws: Registration Offenses

Missouri law requires persons convicted of specified sex crimes to register as sex offenders. This listing requirement promotes public awareness of sex offenders. The rule follows incidents of convicted sex offenders committing heinous crimes in local communities where they lived with hidden criminal pasts.  Missouri Law Offenses Requiring Registration (589.400) lists the below stated offenses.

  •    Kidnapping a child victim under Section 565.110, RSMo – but the rule excludes kidnaps by parents and guardian (see RSMo 589.400.6).
  •    Felony restraint of underage victim – by others than the parent and guardians
  •    Promoting first, second, and third-degree prostitution offenses
  •    Sexually exploiting a child or underage person
  •    Promoting  first and second-degree child pornography
  •    Possessing child pornography, or furnishing it to underage persons
  •    Public display of explicit sexual material
  •    Coercing others to accept obscene material
  •    Promoting first degree obscenity
  •    Promoting pornography for underage persons or obscenity in the second degree
  •    Incest
  •    Use of children in sexual performances
  •    Promoting sexual performance by a child
  •    Sexual Endangerment of child welfare   
  •    Sexual contact or sexual relations with a resident of a nursing home
  •    Genital mutilation of a female child
  •    Furnishing pornographic material to minors
  •    Juvenile offenders over thirteen years of age or that the State has adjudicated for similar or more severe offenses than felony-aggravated sexual abuse; juveniles tried as adults for offenses equal to, or more severe than, felony-aggravated sexual abuse.

One of the most challenging components of Missouri sex offender laws has to be youths sending and receiving sexually-charged material over their phones. Even though the State of Missouri has attempted to provide some safeguards to keep kids off the Sex Offender Registry, there are some scenarios where sending or receiving sexually-explicit material could land a young person on the Registry.

A person under the age of 14 is regarded as a child in Missouri and the consequences for distributing or possessing pictures of a sexual nature are punished severely. Between age 14 and 17, a individual is regarded as a juvenile. Nonetheless, in Missouri, a 17 year old could be charged as an adult in many circumstances. When 18, the law considers that the individual an adult.

It’s not tough to find a situation in which a 17 turned 18 year old is dating a 15 or 16 year old, and also, via a set of unfortunate choices, owns or distributes sexually explicit pictures of this 15 or 16 year-old. In that circumstance, a felony prosecution and investigation is a really real risk, also may be a life changing event for both young people.

Missouri Sex Offender Laws- Registration Offenses

Missouri Sex Offender Registry

The Missouri Sex Offender Registry is a publicly available database of the names and addresses of Missouri residents who have been convicted of sex crimes and other sexually-motivated offenses. The database is managed by the Missouri State Highway Patrol, Missouri’s statewide law enforcement organization, and is available on the State Highway Patrol’s website. While the State Highway Patrol maintains the website, the chief law enforcement official – typically the sheriff – of the country where the sex offender resides is also responsible for maintaining the records in the database. Citizens interested in reviewing the sex offender registry can do so on the State Highway Patrol’s website or by calling 1-888-SOR-MSHP (767-6747).

Missouri’s sex offender registry is similar to registries across the country, most of which were created in response to a series of state and federal laws in the 1980s and 1990s. A spate of brutal child sexual assaults, kidnappings, and murders – including the cases of Jacob Wetterling in Minnesota and Adam Walsh (son of TV star John Walsh) in Florida – inspired Congress and state legislatures to enact tough new laws to ensure public disclosure of sex offenders’ whereabouts. These laws include:

  • Jacob Wetterling Act – requiring states to establish a sex offender registry
  • Megan’s Law – allowing states to make a sex offender registry publicly available
  • Pam Lychner Sexual Offender Tracking Law – allowing law enforcement to track sex offenders across states and requiring offenders to register for life
  • Campus Sex Crimes Prevention Act – requiring additional information from sex offenders attending or working on college campuses
  • Adam Walsh Child Protection and Safety Act – enhancing national standards for state sex offender registries

People living in Missouri are required to register for the Missouri Sex Offender Registry if they have been convicted, pled guilty, or otherwise found responsible for a number of crimes that involve sexual assault, public sexual deviance, or assaults on children. The crimes that require an individual to register in Missouri include, but are not limited to, kidnapping a child, prostitution, sexually exploiting a child, child pornography, obscenity, incest, sexual contact with a resident of a nursing home, and sexual abuse. Missouri residents who are required to register as a sex offender under federal criminal law, military law, laws in another state or tribal nation, or international law are also required to register as a sex offender with the State of Missouri. Offenders must register within three days of being released from prison or moving into Missouri.

While the requirement to register as a sex offender is quite broad, a series of court rulings have created some exceptions to registration. For instance, the Missouri Supreme Court has held that people convicted of sex offenses prior to the enactment of sex offender registry laws are not legally responsible for registering under those laws. However, this exemption is not absolute – federal law sometimes imposes a burden to register independent of state law. If you have concerns about whether or not you need to register for the Missouri Sex Offender Registry, consult an attorney.

In addition, the Missouri State Highway Patrol does not guarantee that the Missouri Sex Offender Registry is accurate. Inaccuracies can come from incorrect reporting by registrants or inaccurate entry by government officials. Additional information on the contents of the registry can be found by contacting a county’s chief law enforcement officer, typically the sheriff.

Missouri Sex Offender Laws: Failure to Register Penalties (589.424)

The sex offender law requires registration for offenses committed in Missouri and for offenses committed in any other state just as if they had been committed in Missouri. There is a three-day rule requiring registration within three days of release from prison, released to probation, or any other condition after conviction and release. The rule applies to persons that live in the state full or part-time.

Missouri sex offender registration is provided through the Missouri State Highway Patrol.

The penalties for failure to register are as listed below:

  •    First offense- a first offense failure to register is a class D felony; the offense may be elevated to a Missouri Class C felony if it involved an unclassified felony, a class A or B felony, or any felony involving a child under age 14.
  •    Second offense-  a second offense failure to register is the same.
  •    Third offense- a third offense failure to register offender must serve a minimum sentence in prison of ten-years up to a maximum of 30 years. After release, the offender shall wear GPS monitoring device for life.

Automatic conversion- The law automatically converts Offenders required to register semi-annually to quarterly that fail to meet their semi-annual reporting requirements.

SORNA requires sex offenders to enroll and maintain their registration current in each jurisdiction where they reside, are used, or attend college. A sex offender should also initially enroll in the jurisdiction where convicted if it differs in the authority of residence. Jurisdictions’ registration applications need to incorporate theses prerequisites to execute SORNA.

Under 18 U.S.C. §2250, the national failure-to-register crime, a punishment of up to ten years of imprisonment exists for sex offenders required to register who intentionally don’t enroll or update a registration as needed where circumstances encouraging national authority exist, such as interstate or global travel or traveling on or off an Indian reserve with a sex offender, or certainty of a national sex offense for which registration is needed.

Could a non-federally convicted sex offender be prosecuted in the national system for failure to enroll?

Yes. When a sex offender convicted or adjudicated delinquent in a jurisdiction’s court must enroll under SORNA, and knowingly fails to enroll or update a registration as needed, and also the sex offender participates in interstate or global travel or leaves or enter or even resides in Native-American territory, then the offender could be prosecuted under 18 U.S.C. §2250, the national failure-to-register crime.

Missouri Sex Offender Laws: Who is Required to Register? (589.400)

Missouri law specifies the offenders that must register with the CLEO. The statute specifies offenders convicted under or an equivalent offense in another state to register if any of the below descriptions apply.

Persons must register for violations of one or more felony offenses of Chapter 566 if they have been:

  •    Convicted of
  •    Found guilty of
  •    Pled guilty to committing; attempting to commit; conspiracy to commit
  •    Pled nolo contendere
  •    Committed to the Missouri Department of Mental Health as a criminal or sexual psychopath
  •    Found not legally responsible due to a mental disease or defect (1-1-1999)
  •    Subject to mandatory to registration in other nations or jurisdictions
  •    Subject to mandatory registration under US federal civil or criminal law
  •    Subject to mandatory registration under any US military law or tribunal
  •    Offenders working at or attending a school or training facility on a full or part-time basis in Missouri
  •    Offenders tried or adjudicated under a tribal jurisdiction or treaty for similar offenses.

Missouri Sex Offender Laws: Registration Requirements

The Offender Must Provide information (589.407) about his or her appearance, location, identification, and motor vehicles, as follows.

  •    Name, date of birth, Social Security Number, any and all alias names and alias dates of birth, and any identifying information he or she uses online.
  •    Nature of offenses, dates,  and release date.
  •    Photocopy of (1) driver’s license or nondriver’s identification card, and (2) vehicle registration for each of the offender’s vehicle.
  •    Physical Description of offender and photographs as required and one per year; Palm prints and a DNA sample.
  •    Addresses for home, work, school, and any temporary addresses, and a document verifying proof of residency.
  •    Vehicle information for any and all vehicles owned or operated by the offender including year, make, model, color, license plate, and license jurisdiction.

An attorney at the law offices of Carver, Cantin & Mynarich, with a deep comprehension of the Missouri sex offender registration laws is here to assist.

Missouri Sex Offender Laws: Registration Timeline ( 589.400 – 589.425)

When Must an Offender Register? 

Convicted sex offenders must register in person with the Chief Law Enforcement Officer within three (3) days of the below-listed events.

  1. Date of arrival in the state of Missouri whether full or part-time.
  2. Date of conviction
  3. Date of release from incarceration
  4. Date placed on probation.  

Which are the requirements for maintaining sex offender registry data present?

A sex offender must, not later than three business days following every change of name, residence, occupation, or student status, look in person in a minimum of one jurisdiction where the sex offender must register and notify that authority of changes in the data needed for this sex offender at the sex offender registry. This advice must immediately be offered to other jurisdictions where the sex offender is needed to enroll. Jurisdictions must also want a sex offender to give notice if he or she’s leaving the authority before the transfer; the sexual offender should provide details on the subject of the authority to which he or she’s going.

Missouri Sex Offender Laws: Removal from the Offender Registry (589.400)

Removal from the registry occurs by operation of law for any person that is a parent or guardian of the victim convicted of non-sexual child abuse, felonious restraint or kidnapping. This provision points to fact circumstances of child custody disputes.

All other eligible offenders must petition the court for removal. Eligible offenders are those that used no physical force or threat in the commission of their crime or attempts to commit the crime, and that meet the below-listed crime classifications.

  •    Second-degree prostitution- promoting the offense
  •    Third-degree prostitution- promoting the offense
  •    Displaying explicit sexual material
  •    Statutory rape in the second degree

Procedure – The registered offender must notify the prosecution, and they must file a petition in the circuit court in which the conviction occurred. They must have specific notice served upon the prosecutor’s office that brought the charges and obtained the conviction. Without notice to the prosecution, the petition must fail.

Romeo & Juliet Exception – A convicted offenders under age 19 with a victim under age 13, can petition the court for removal after two years from the registry date. The felony must not have involved physical force or threat of force.

Missouri Sex Offender Registry Statutes

TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]


Chapter 589 Crime Prevention and Control Programs and Services
Section 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 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.

  1. 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.
  2. 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.

  1. 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.
  2. 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.
  3. 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
  4. 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.
  5. 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.
  6. (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.

  1. 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.
  2. 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).

TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.402 Internet search capability of registered sex offenders to be maintained–information to be made available–newspaper publication.

589.402. 1. The chief law enforcement officer of the county or city not within a county may maintain a web page on the internet, which shall be open to the public and shall include a registered sexual offender search capability.

  1. The registered sexual offender search shall make it possible for any person using the internet to search for and find the information specified in subsection 3 of this section, if known, on offenders registered in this state pursuant to sections 589.400 to 589.425, except that only persons who have been convicted of, found guilty of, or plead guilty to committing, attempting to commit, or conspiring to commit sexual offenses shall be included on this website.
  2. Only the information listed in this subsection shall be provided to the public in the registered sexual offender search:

(1) The name and any known aliases of the offender;

(2) The date of birth and any known alias dates of birth of the offender;

(3) A physical description of the offender;

(4) The residence, temporary, work, and school addresses of the offender, including the street address, city, county, state, and zip code;

(5) Any photographs of the offender;

(6) A physical description of the offender’s vehicles, including the year, make, model, color, and license plate number;

(7) The nature and dates of all offenses qualifying the offender to register;

(8) The date on which the offender was released from the department of mental health, prison, or jail, or placed on parole, supervised release, or probation for the offenses qualifying the offender to register;

(9) Compliance status of the offender with the provisions of sections 589.400 to 589.425; and

(10) Any online identifiers, as defined in section 43.651, used by the person. Such online identifiers shall not be included in the general profile of an offender on the web page and shall only be available to a member of the public by a search using the specific online identifier to determine if a match exists with a registered offender.

  1. The chief law enforcement officer of any county or city not within a county may publish in any newspaper distributed in the county or city not within a county the sexual offender information provided under subsection 3 of this section for any offender residing in the county or city not within a county.

(L. 2005 S.B. 73, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)


TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services

 

Section 589.403 Correctional facility or mental health institution releasing on parole or discharge, official in charge, duties.

589.403. Any person to whom subsection 1 of section 589.400 applies who is paroled, discharged, or otherwise released from any correctional facility of the department of corrections or any mental health institution where such person was confined shall be informed by the official in charge of such correctional facility or mental health institution of the person’s possible duty to register pursuant to sections 589.400 to 589.425. If such person is required to register pursuant to sections 589.400 to 589.425, the official in charge of the correctional facility or the mental health institution shall complete the initial registration prior to release and forward the offender’s registration, within three business days, to the chief law enforcement official of the county or city not within a county where the person expects to reside upon discharge, parole or release. When the person lists an address where he or she expects to reside that is not in this state, the initial registration shall be forwarded to the Missouri state highway patrol.

(L. 1997 H.B. 883, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)


TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.405 Court’s duties upon release of sexual offender.

589.405. Any person to whom subsection 1 of section 589.400 applies who is released on probation, discharged upon payment of a fine, or released after confinement in a county jail shall, prior to such release or discharge, be informed of the possible duty to register pursuant to sections 589.400 to 589.425 by the court having jurisdiction over the case. If such person is required to register pursuant to sections 589.400 to 589.425, the court shall obtain the address where the person expects to reside upon discharge, parole or release and shall report, within three business days, such address to the chief law enforcement official of the county or city not within a county where the person expects to reside, upon discharge, parole or release.

(L. 1997 H.B. 883, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)


TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.407 Registration, required information–substantiating accuracy of information.

 

589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of completion of an offender registration form developed by the Missouri state highway patrol. Such form shall include, but is not limited to the following:

(1) A statement in writing signed by the person, giving the name, address, Social Security number and phone number of the person, the license plate number and vehicle description, including the year, make, model, and color of each vehicle owned or operated by the offender, any online identifiers, as defined in section 43.651, used by the person, the place of employment of such person, enrollment within any institutions of higher education, the crime which requires registration, whether the person was sentenced as a persistent or predatory offender pursuant to section 566.125*, the date, place, and a brief description of such crime, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to section 589.040, if applicable;

(2) The fingerprints, palm prints, and a photograph of the person; and

(3) A DNA sample, if a sample has not already been obtained.

2. The offender shall provide positive identification and documentation to substantiate the accuracy of the information completed on the offender registration form, including but not limited to the following:

(1) A photocopy of a valid driver’s license or nondriver’s identification card;

(2) A document verifying proof of the offender’s residency; and

(3) A photocopy of the vehicle registration for each of the offender’s vehicles.

(L. 1997 H.B. 883, A.L. 1998 H.B. 1405, et al., A.L. 2003 S.B. 5 merged with S.B. 184, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)

*Section 558.018 was transferred to section 566.125 by S.B. 491, 2014, effective 1-01-17.


TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.410 Highway patrol to be notified, information to be made a part of MULES.

 

589.410. The chief law enforcement official shall forward the completed offender registration form to the Missouri state highway patrol within three days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system, and other entities as provided by law, upon inquiry.

(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.)


TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.414 Registrant’s duties on change of address–time limitations for certain notifications–change in online identifiers, duty to report.

 

589.414. 1. Any person required by sections 589.400 to 589.425 to register shall, not later than three business days after each change of name, residence within the county or city not within a county at which the offender is registered, employment, or student status, appear in person to the chief law enforcement officer of the county or city not within a county and inform such officer of all changes in the information required by the offender. The chief law enforcement officer shall immediately forward the registrant changes to the Missouri state highway patrol within three business days.

2. If any person required by sections 589.400 to 589.425 to register changes such person’s residence or address to a different county or city not within a county, the person shall appear in person and shall inform both the chief law enforcement official with whom the person last registered and the chief law enforcement official of the county or city not within a county having jurisdiction over the new residence or address in writing within three business days of such new address and phone number, if the phone number is also changed. If any person required by sections 589.400 to 589.425 to register changes their state of residence, the person shall appear in person and shall inform both the chief law enforcement official with whom the person was last registered and the chief law enforcement official of the area in the new state having jurisdiction over the new residence or address within three business days of such new address. Whenever a registrant changes residence, the chief law enforcement official of the county or city not within a county where the person was previously registered shall inform the Missouri state highway patrol of the change within three business days. When the registrant is changing the residence to a new state, the Missouri state highway patrol shall inform the responsible official in the new state of residence within three business days.

3. In addition to the requirements of subsections 1 and 2 of this section, the following offenders shall report in person to the chief law enforcement agency every ninety days to verify the information contained in their statement made pursuant to section 589.407:

(1) Any offender registered as a predatory or persistent sexual offender under the definitions found in section 566.125*;

(2) Any offender who is registered for a crime where the victim was less than eighteen years of age at the time of the offense; and

(3) Any offender who has pled guilty or been found guilty pursuant to section 589.425 of failing to register or submitting false information when registering.

4. In addition to the requirements of subsections 1 and 2 of this section, all registrants shall report semiannually in person in the month of their birth and six months thereafter to the chief law enforcement agency to verify the information contained in their statement made pursuant to section 589.407. All registrants shall allow the chief law enforcement officer to take a current photograph of the offender in the month of his or her birth to the chief law enforcement agency.

5. In addition to the requirements of subsections 1 and 2 of this section, all Missouri registrants who work or attend school or training on a full-time or part-time basis in any other state shall be required to report in person to the chief law enforcement officer in the area of the state where they work or attend school or training and register in that state. “Part-time” in this subsection means for more than seven days in any twelve-month period.

6. If a person, who is required to register as a sexual offender under sections 589.400 to 589.425, changes or obtains a new online identifier as defined in section 43.651, the person shall report such information in the same manner as a change of residence before using such online identifier.

(L. 1997 H.B. 883, A.L. 1998 H.B. 1405, et al., A.L. 2000 S.B. 757 & 602, A.L. 2003 S.B. 5 merged with S.B. 184, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)

*Section 558.018 was transferred to section 566.125 by S.B. 491, 2014, effective 1-01-17.

(2009) Section is constitutional and does not operate retrospectively for those who committed offenses prior to its effective date as long as plea or conviction occurred after effective date. State v. Holden, 278 S.W.3d 674 (Mo.banc).

(2011) Section requiring sex offenders to report change in employment status does not violate constitutional prohibition against retrospective laws as applied to offender whose conviction predated statute’s enactment. State v. Guyer, 353 S.W.3d 458 (Mo.App.W.D.).

(2012 Section requires updating status on sexual offense registry within three days of changing residence, rather than updating status only after obtaining new permanent residence. State v. Kelly, 367 S.W.3d 629 (Mo.App.E.D.).

TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.415 Probation and parole officers to notify law enforcement of sex offender change of residence, when–probation officer defined.

589.415. 1. Any probation officer or parole officer assigned to a sexual offender who is required to register pursuant to sections 589.400 to 589.425 shall notify the appropriate law enforcement officials whenever the officer has reason to believe that the offender will be changing his or her residence. Upon obtaining the new address where the offender expects to reside, the officer shall report such address to the chief law enforcement official with whom the offender last registered and the chief law enforcement official of the county having jurisdiction over the new residence, if different. The officer shall also inform the offender of the offender’s duty to register. However, nothing in this section shall affect the offender’s duty to register, pursuant to sections 589.400 to 589.425.

2. As used in this section, the term “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.

(L. 2004 H.B. 1055)

 

TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.417 Statements, photographs and fingerprints required not to be public records–disclosure authorized for law enforcement officials and agencies–complete list of offenders maintained–released upon request.

 

589.417. 1. Except for the specific information listed in subsection 2 of this section, the complete statements, photographs and fingerprints required by sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610 and are not public records as defined in section 610.010, and shall be available only to courts, prosecutors and law enforcement agencies.

2. Notwithstanding any provision of law to the contrary, the chief law enforcement official of the county shall maintain, for all offenders registered in such county, a complete list of the names, addresses and crimes for which such offenders are registered. Any person may request such list from the chief law enforcement official of the county.

(L. 1997 H.B. 883, A.L. 1998 H.B. 1405, et al.)

Effective 1-1-99

TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.420 Temporary assignment outside correctional facility or mental health institution–official in charge to notify before release–exception.

589.420. In any case where any person who would be required by sections 589.400 to 589.425 to register is temporarily sent outside a correctional facility or a mental health institution where the person is confined, on any assignment of whatever nature, the chief law enforcement official of the county having jurisdiction over the place where the assignment occurs shall be notified by the official in charge of the correctional facility or mental health institution within a reasonable time prior to removal from the correctional facility or mental health institution. This section shall not apply to any person temporarily released under guard from the correctional facility or mental health institution in which such person is confined.

(L. 1997 H.B. 883)

TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS [Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.425 Failure to register, penalty–subsequent violations, penalty.

 

589.425. 1. A person commits the crime of failing to register as a sex offender when the person is required to register under sections 589.400 to 589.425 and fails to comply with any requirement of sections 589.400 to 589.425. Failing to register as a sex offender is a class E felony unless the person is required to register based on having committed an offense in chapter 566 which was an unclassified felony, a class A or B felony, or a felony involving a child under the age of fourteen, in which case it is a class D felony.

2. A person commits the crime of failing to register as a sex offender as a second offense by failing to comply with any requirement of sections 589.400 to 589.425 and he or she has previously pled guilty to or has previously been found guilty of failing to register as a sex offender. Failing to register as a sex offender as a second offense is a class E felony unless the person is required to register based on having committed an offense in chapter 566, or an offense in any other state or foreign country, or under federal, tribal, or military jurisdiction, which if committed in this state would be an offense under chapter 566 which was an unclassified felony, a class A or B felony, or a felony involving a child under the age of fourteen, in which case it is a class D felony.

3. (1) A person commits the crime of failing to register as a sex offender as a third offense by failing to meet the requirements of sections 589.400 to 589.425 and he or she has, on two or more occasions, previously pled guilty to or has previously been found guilty of failing to register as a sex offender. Failing to register as a sex offender as a third offense is a felony which shall be punished by a term of imprisonment of not less than ten years and not more than thirty years.

(2) No court may suspend the imposition or execution of sentence of a person who pleads guilty to or is found guilty of failing to register as a sex offender as a third offense. No court may sentence such person to pay a fine in lieu of a term of imprisonment.

(3) A person sentenced under this subsection shall not be eligible for conditional release or parole until he or she has served at least two years of imprisonment.

(4) Upon release, an offender who has committed failing to register as a sex offender as a third offense shall be electronically monitored as a mandatory condition of supervision. Electronic monitoring may be based on a global positioning system or any other technology which identifies and records the offender’s location at all times.

(L. 1997 H.B. 883, A.L. 1998 H.B. 1405, et al., A.L. 2000 S.B. 757 & 602, 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

TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS[Missouri Sex Offender Registry]

Chapter 589 Crime Prevention and Control Programs and Services
Section 589.426 Halloween, restrictions on conduct–violations, penalty.


589.426. 1. Any person required to register as a sexual offender under sections 589.400 to 589.425 shall be required on October thirty-first of each year to:

(1) Avoid all Halloween-related contact with children;

(2) Remain inside his or her residence between the hours of 5 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies;

(3) Post a sign at his or her residence stating, “No candy or treats at this residence”; and

(4) Leave all outside residential lighting off during the evening hours after 5 p.m.

2. Any person required to register as a sexual offender under sections 589.400 to 589.425 who violates the provisions of subsection 1 of this section shall be guilty of a class A misdemeanor.

(L. 2008 S.B. 714, et al.)

(2010) Section prohibiting convicted sex offenders from various actions on Halloween and requiring posted notices, as applied to person whose sex offense conviction predated the law’s enactment, violated Article I, Section 13 provision prohibiting retrospective laws. F.R. v. St. Charles County Sheriff’s Department, 301 S.W.3d 56 (Mo.banc).

TITLE V MILITARY AFFAIRS AND POLICE [Missouri Sex Offender Registry]

Chapter 43 Highway Patrol, State
Section 43.650. Internet site to be maintained, registered sex offender search–confidentiality, release of information, when.

Internet site to be maintained, registered sex offender search–confidentiality, release of information, when.
43.650. 1. The patrol shall, subject to appropriation, maintain a web page on the Internet which shall be open to the public and shall include a registered sexual offender search capability.

2. The registered sexual offender search shall make it possible for any person using the Internet to search for and find the information specified in subsection 4 of this section, if known, on offenders registered in this state pursuant to sections 589.400 to 589.425, except that only persons who have been convicted of, found guilty of or plead guilty to committing, attempting to commit, or conspiring to commit sexual offenses shall be included on this website.

3. The registered sexual offender search shall include the capability to search for sexual offenders by name, zip code, and by typing in an address and specifying a search within a certain number of miles radius from that address.

4. Only the information listed in this subsection shall be provided to the public in the registered sexual offender search:

(1) The name and any known aliases of the offender;

(2) The date of birth and any known alias dates of birth of the offender;

(3) A physical description of the offender;

(4) The residence, temporary, work, and school addresses of the offender, including the street address, city, county, state, and zip code;

(5) Any photographs of the offender;

(6) A physical description of the offender’s vehicles, including the year, make, model, color, and license plate number;

(7) The nature and dates of all offenses qualifying the offender to register;

(8) The date on which the offender was released from the department of mental health, prison, or jail, or placed on parole, supervised release, or probation for the offenses qualifying the offender to register;

(9) Compliance status of the offender with the provisions of section 589.400 to 589.425; and

(10) Any online identifiers, as defined in section 43.651, used by the person. Such online identifiers shall not be included in the general profile of an offender on the web page and shall only be available to a member of the public by a search using the specific online identifier to determine if a match exists with a registered offender.

(L. 2003 S.B. 184, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)

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