Mo. Rev. Stat. § 589.404

Current with changes from the 2024 Legislative Session

Section 589.404 - Definitions

As used in sections 589.400 to 589.425, the following terms mean:

(1)"Adjudicated" or "adjudication", adjudication of delinquency, a finding of guilt, plea of guilt, finding of not guilty due to mental disease or defect, or plea of nolo contendere to committing, attempting to commit, or conspiring to commit;

(2)"Adjudicated delinquent", a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

(3)"Chief law enforcement official", the sheriff's office of each county or the police department of a city not within a county;

(4)"Offender registration", the required minimum informational content of sex offender registries, which shall consist of, but not be limited to, a full set of fingerprints on a standard sex offender registration card upon initial registration in Missouri, as well as all other forms required by the Missouri state highway patrol upon each initial and subsequent registration;

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

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

(7)"Sex offense", any offense which is listed under section 589.414 or comparable to those listed under section 589.414 or otherwise comparable to offenses covered under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248;

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

(9)"Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual contact;

(10)"Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come into contact with another person, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;

(11)"Sexual element", used for the purposes of distinguishing if sexual contact or a sexual act was committed. Authorities shall refer to information filed by the prosecutor, amended information filed by the prosecutor, indictment information filed by the prosecutor, or amended indictment information filed by the prosecutor, the plea agreement, or court documentation to determine if a sexual element exists;

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

(13)"Student", an individual who enrolls in or attends the physical location of an educational institution, including a public or private secondary school, trade or professional school, or an institution of higher education;

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

§ 589.404, RSMo

Amended by 2022 Mo. Laws, SB 775,s A, eff. 8/28/2022.

Added by 2018 Mo. Laws, SB 655,s A, eff. 8/28/2018.