As used in this Article, the following terms shall have the
meanings set forth herein:
DEVIATE SEXUAL INTERCOURSE
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 penis, female genitalia, 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 CONDUCT
Sexual intercourse, deviate sexual intercourse or sexual
contact.
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 the sexual desire of any person or for the
purpose of terrorizing the victim.
A person commits the offense of sexual abuse in the second degree
if he/she purposely subjects another person to sexual contact without
that person's consent.
[Ord. No. 2019-24, 4-22-2019]
A. Any person who since July 1, 1979, has been or hereafter has been
found guilty of :
1.
Violating any of the provisions of Missouri Revised Statute
Sections as follows this Chapter or the provisions 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.,
as it existed prior to January 1, 2017, or Section 573.200, RSMo.,
Use Of A Child In A Sexual Performance; Section 568.090, RSMo., as
it existed prior to January 1, 2017, or Section 573.205, 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 573.0940, RSMo., Furnishing Pornographic Material
To Minors; or
2.
Any offense in any other jurisdiction which, if committed in
this State, would be a violation listed in this Section;
Shall not reside within one thousand (1,000) feet of any public
school as defined in Section 160.011, RSMo., any private school giving
instruction in a grade or grades not higher than twelfth (12th) grade,
or any child care facility that is licensed under Chapter 210, RSMo.,
or any child care facility as defined in Section 201.201, RSMo., that
is exempt from State licensure but subject to State regulation under
Section 210.252, RSMo., and holds itself out to be a child care facility,
where the school or facility is in existence at the time the individual
begins to reside at the location. Such person shall also not reside
within one thousand (1,000) feet of the property line of the residence
of a former victim of such person.
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B. If such person has already established a residence and a public school,
a private school, or child care facility is subsequently built or
placed within one thousand (1,000) feet of such person's residence,
or a former victim subsequently resides on property with a property
line within one thousand (1,000) feet of such person's residence,
then such person shall, within one (1) week of the opening of such
public school, private school, or child care facility, or the former
victim residing on the property, notify the Grundy County Sheriff
where such public school, private school, child care facility, or
residence of a former victim is located that he or she is now residing
within one thousand (1,000) feet of such public school, private school,
child care facility, or property line of the residence of a former
victim, and shall provide verifiable proof to the sheriff that he
or she resided there prior to the opening of such public school, private
school, or child care facility, or the former victim residing on the
property.
C. For purposes of this Section, "resides" means sleeps
in a residence, which may include more than one (1) location and may
be mobile or transitory.
D. For the purposes of the Section, one thousand (1,000) feet shall
be measured from the edge of the offender's property nearest the public
school, private school, child care facility, or former victim to the
nearest edge of the public school, private school, child care facility,
or former victim's property.
E. Violation of the provisions of this Section is an Ordinance Violation.