Megan’s Law for Missouri

updated 6/24/2016

Contact Person: Sex Offender Registry
Missouri State Highway Patrol
Criminal Justice Identification Division
tammy.byrd@mshp.dps.mo.gov
(573)526-6347 (phone)
(573)751-9382 (fax)
Offenders Required to Register: Missouri Revised Statutes posted 08/28/09
Chapter 589
Crime Prevention and Control Programs and Services
Section 589.425August 28, 2007Failure 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 D felony unless the person is required to register based on having committed an offense in chapter 566, RSMo, 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 C 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 D felony unless the person is required to register based on having committed an offense in chapter 566, RSMo, 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, RSMo, 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 C felony.
    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)

Supreme Court Ruling SC89727

On June 16, 2009 the Missouri Supreme Court ruled that federally mandated registration requirements under the Sexual Registration and Notification Act (SORNA) applies to individuals who committed a sex offense prior to July 20, 2006. Therefore, SORNA imposes an independent obligation requiring respondents to register as sex offenders in Missouri. The independent registration requirement under SORNA operates irrespective of any allegedly retrospective state law that has been enacted and may be subject to the Article 1, Section 13 of the Missouri State Constitution.

Supreme Court Ruling SC89834

On January 12, 2010 the Missouri Supreme Court held that Missouri Statute 566.147 does not apply to those whose convictions were before the statute’s effective date of August 28, 2004. The ruling was based on Article I, section 13 of the Missouri Constitution which forbids enactment of laws that are retrospective in operation.

Western District Court of Appeals WD72188

On April 26, 2011 the Western District court of Appeals upheld that a suspended imposition of sentence (SIS) requires registration under the Federal Sex Offender Registration and Notification Act (SORNA).

Supreme Court Ruling 92380

On December 18, 2012 the Missouri Supreme Court upheld the duration of registration in Missouri is lifetime, whether registering because of a Missouri, Federal, Out of State, Tribal, Military or Foreign registration requirement.

Supreme Court Ruling SC92382

On December 23, 2013 the Missouri Supreme Court ruled the restriction under 566.150 RSMo. can be applied retroactively and does not violate Article I, section 13 of the Missouri constitution. The ruling goes on to state the prohibition against laws retrospective in their operation does not apply to criminal laws.

Supreme Court Ruling SC90164

On January 12, 2010 the Missouri Supreme Court held that Missouri State 589.426 does not apply to those whose convictions were before the statute’s effective date of August 28, 2008. The ruling was based on Article I, Section 13 of the Missouri Constitution which forbids enactment of laws that are retrospective in operation.

589.400.

  1. Sections 589.400 to 589.425 shall apply to:
    1. Any person who, since July 1, 1979 January 1, 1995 (sc86573), has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, or attempting to commit, a felony offense of chapter 566, RSMo, including sexual trafficking of a child and sexual trafficking of a child under the age of twelve, or any offense of chapter 566, RSMo, 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 January 1, 1995 (sc86573), has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, or attempting to commit one or more of the following offenses: kidnapping 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, RSMo, when such abuse is sexual in nature; felonious restraint 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, under section 565.200, RSMo; endangering the welfare of a child under section 568.045, RSMo, when the endangerment is sexual in nature; genital mutilation of a female child, under section 568.065, RSMo; 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.
    3. Any person who, since July 1, 1979 January 1, 1995 (sc86573), has been committed to the department of mental health as a criminal sexual psychopath; or
    4. Any person who, since July 1, 1979 January 1, 1995 (sc86573), 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, RSMo, 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; or
    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; or
    7. Any person who is a resident of this state who has, since July 1, 1979 January 1, 1995 (sc86573), or is hereafter convicted of, been found guilty of, or pled guilty to or nolo contendere in any other state, foreign country, or under federal or military jurisdiction to committing, or attempting to commit, an offense which, if committed in this state, would be a violation of chapter 566, RSMo, 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 a 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 sonspiring 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, RSMo, 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.
  7. 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, 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.
  8. 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, RSMo, 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.
    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.
  9. 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.
  10. 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)Effective 6-5-06(2002) Person entering Alford plea to one of the enumerated offenses is subject to sex offender registration. Haffner v. Saulters, 77 S.W.3d 45 (Mo.App. E.D.).(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).
  11. And all sex offenders must re-register semi annually in the month of their birth and every 6 months thereafter.

International Travel

Missouri will ensure that the offender reports any intent to travel internationally 21 days in advance and to submit information concerning such travel to the Missouri State Highway Patrol who will then notify the appropriate Federal agency on the offender’s intent.

Protected Witnesses

Missouri will take measures to ensure a protected witness’s true name is excluded from the public website or may identity the registrant on the public website by his or her new identity or data.

Additional Policies and Procedures due to the Adam Walsh Act:
Under 589.407 it says: Any Registration pursuant to Sections 589.400 RSMo. To 589.425 RSMo. 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:

  • Information that pertains to the status of parole, probation or supervised release.
  • Passport and Immigration information.
  • Professional licensing information.
  • Temporary lodging. Dated of Temporary lodging (Start and End dates).
  • Vehicle information-In addition to owns and operates, whether a vehicle is for work or personal use. Aircraft or watercraft (same information as vehicles) permanent or request location where vehicle, aircraft or watercraft is stored (If same as where they live, use address of owner or own address)

Under Missouri law, any person who moves into Missouri from another state and is registered (or has ever registered) in that state or would be required to register under Missouri law if the offense had been committed in Missouri, must register as a sex offender.

Persons living out of state but who work or attend school or training on a full-time or part-time basis or has temporary residence must also register as a sex offender.

  • Part-time is considered seven (7) days in a 12-month period, required upon arrival and also when the offender leaves, such as no longer working or visiting or living temporarily in the state.
  • If the time is less than seven (7) days per 12-month period, registration is not required in Missouri
Information Collected:
  1. Name, date of birth and SSN #
  2. Alias names and alias dates of birth
  3. Physical Description of offender (i.e. age, sex, race, height, and weight.)
  4. Addresses: home, work, school, temporary address, volunteer status
  5. Any photographs: required one per year
  6. Vehicle: year, make, model, color, license plate, license state of any vehicle owned or operated by the offender
  7. Nature and dates of offenses
  8. Release Date
  9. Photocopy of driver’s license or nondriver’s identification card
  10. Document verifying proof of residency
  11. Photocopy of vehicle registration for each of the offender’s vehicles
  12. Any online identifying information he or she uses *
  13. Palm prints and a DNA sample

* Such information shall be made available to the public on the sex offender registry website, but only through specific searches using the online identifier. The information will no be included in the general profile of the offender. (43.651)

Administrating Agency: State Highway Patrol, local law enforcement.
Timeframe for Registration: Notified upon release, given 3 days to register to county official; within 3 days of moving into state; within 3 days of changing address. Every offender must register semi annually on the month of his or her birth and every six months thereafter.
Applies to Out of State Offenders: Yes
Duration of Requirement: Life. Persistent or predatory offenders, every 90 days; for offenders with victims under the age of 18, every 90 days. All sex offenders must register in the month of their birth and every 6 months thereafter.
Verification of Address: Yes, every 90 days or semi annual (depending on the frequency of registration) the Missouri State Highway Patrol mails out address verification letters to all offenders.
Penalties for Non-Compliance: 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 D felony unless the person is required to register based on having committed an offense in chapter 566, RSMo, 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 C 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 D felony unless the person is required to register based on having committed an offense in chapter 566, RSMo, 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 C felony.
    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)

Effective 6-5-06

Access to Information: Procedures for Public Access: Upon request, a local law enforcement agency will provide a complete list of the sexual offenders registered within that agency’s jurisdiction to any member of the public.
Confidentiality Provision: No
Number Registered: 15,434 as of 6/23/16
Percent Compliance: 93,95% Compliance as of 6/23/16
Internet Access: Missouri: http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/SOR/SORPage.html

Translate »