As used in this Article, the following terms shall have the
meanings set forth herein:
Any act involving the genitals of one person and the hand,
mouth, tongue or anus of another person or a sexual act involving
the penetration, however slight, of the male or female sex organ or
the anus by a finger, instrument or object done for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
Sexual intercourse, deviate sexual intercourse or 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, for the purpose of
arousing or gratifying sexual desire of any person.
Any penetration, however slight, of the female sex organ
by the male sex organ, whether or not an emission results.
A.
A person
commits the offense of indecent exposure (sexual misconduct) if such
person:
1.
Exposes his/her genitals under circumstances in which he/she knows
that his/her conduct is likely to cause affront or alarm; or
2.
Has sexual contact in the presence of a third (3rd) person or persons
under circumstances in which he/she knows that such conduct is likely
to cause affront or alarm; or
3.
Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of a third (3rd) person.
A person commits the offense of sexual misconduct in the first
degree if such person purposely subjects another person to sexual
contact without that person's consent.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
Any
person who has pleaded guilty or nolo contendere to, or been convicted
of, or been found guilty of:
1.
Violating any of the provisions of Chapter 566, RSMo., or the provisions
of Subsection (2) of Section 568.020, RSMo., Incest; Section 568.045,
RSMo., Endangering The Welfare Of A Child In The First Degree; Subsection
(2) of Section 568.080, RSMo., Use Of A Child In A Sexual Performance;
Section 568.090, RSMo., Promoting A Sexual Performance By A Child;
Section 573.023, RSMo., Sexual Exploitation Of A Minor; Section 573.025,
RSMo., Promoting Child Pornography In The First Degree; Section 573.035,
RSMo., Promoting Child Pornography In The Second Degree; Section 573.037,
RSMo., Possession Of Child Pornography; or Section 573.040, RSMo.,
Furnishing Pornographic Material To Minors; or
2.
Any offense in any other State or Foreign Country, or under federal,
tribal or military jurisdiction which, if committed in this State,
would be a violation listed in this Section;
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shall not knowingly be physically present in or loiter within
five hundred (500) feet of or to approach, contact, or communicate
with any child under eighteen (18) years of age in any child care
facility building, on the real property comprising any child care
facility when persons under the age of eighteen (18) are present in
the building, on the grounds, or in the conveyance, unless the offender
is a parent, legal guardian, or custodian of a student present in
the building or on the grounds.
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B.
For
purposes of this Section, "child care facility" shall
have the same meaning as such term is defined in Section 210.201,
RSMo.
C.
Any
person who violates the provisions of this Section is guilty of an
ordinance violation.
A.
Any
person who has pleaded guilty or nolo contendere to, or been convicted
of, or been found guilty of:
1.
Violating any of the provisions of Chapter 566, RSMo., or the provisions
of Subsection (2) of Section 568.020, RSMo., Incest; Section 568.045,
RSMo., Endangering The Welfare Of A Child In The First Degree; Subsection
(2) of Section 568.080, RSMo., Use Of A Child In A Sexual Performance;
Section 568.090, RSMo., Promoting A Sexual Performance By A Child;
Section 573.023, RSMo., Sexual Exploitation Of A Minor; Section 573.025,
RSMo., Promoting Child Pornography; or Section 573.040, RSMo., Furnishing
Pornographic Material To Minors; or
2.
Any offense in any other State or foreign country, or under tribal,
federal or military jurisdiction which, if committed in this State,
would be a violation listed in this Section;
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shall not be present in or loiter within five hundred (500) feet of any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds or in the conveyance, unless the offender is a parent, legal guardian or custodian of a student present in the building and has met the conditions set forth in Subsection (B) of this Section.
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B.
No parent, legal guardian or custodian who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the offenses listed in Subsection (A) of this Section shall be present in any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds or in the conveyance unless the parent, legal guardian or custodian has permission to be present from the Superintendent or School Board or in the case of a private school from the Principal. In the case of a public school, if permission is granted, the Superintendent or School Board President must inform the Principal of the school where the sex offender will be present. Permission may be granted by the Superintendent, School Board, or in the case of a private school from the Principal for more than one (1) event at a time, such as a series of events, however, the parent, legal guardian or custodian must obtain permission for any other event he/she wishes to attend for which he/she has not yet had permission granted.
C.
Regardless
of the person's knowledge of his or her proximity to school property
or a school-related activity, violation of the provisions of this
Section shall be an ordinance violation.
A.
Any
person required to register as a sexual offender under Sections 589.400
to 589.425, RSMo., shall be required on October thirty-first (31st)
of each year to:
1.
Avoid all Halloween-related contact with children;
2.
Remain inside his or her residence between the hours of 5:00 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 5:00 P.M.
