Megan’s Law for Missouri

mosor@mshp.dps.mo.gov

1 (888) SOR-MSHP (767-6747)

Pamela Aberle, Program Supervisor

pamela.aberle@mshp.dps.mo.gov
(573)526-6347 (phone)
(573)522-7668 (fax)

Chapter 589, Sections 589.400-589.425 RSMo

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. 

1. Sections 589.400 to 589.425 shall apply to:

(1)  Any person who, since July 1, 1979, has been or is hereafter adjudicated for an offense referenced in section 589.414, unless such person is exempt from registering under subsection 9 or 10 of this section or section 589.401;

(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; patronizing prostitution if the individual the person patronizes is less than eighteen years of age;

(3)  Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath;

(4)  Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense referenced in section 589.414;

(5)  Any juvenile certified as an adult and transferred to a court of general jurisdiction who has been adjudicated for an offense listed under section 589.414;

(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, been or is hereafter adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense which, if committed in this state, would constitute an offense listed under section 589.414, or has been or is required to register in another state, territory, the District of Columbia, or foreign country, 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, territory, the District of Columbia, or foreign country, 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.

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).

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.

1. 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: Tier III-Quarterly, Tier II Semiannually, Tier I Annually.
   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, watercraft or aircraft.
   12. Any online identifying information he or she uses *
   13. Palm prints and a DNA sample

   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

   * 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 not be included in the general profile of the offender. (43.651)

Tier I Sex Offenders shall report in person to the CLEO-Annually in the month of their birth

Tier II Sex Offenders shall report in person to the CLEO- Semiannually in person in the month of their birth and 6 months thereafter

Tier III Sex Offender shall report in person to the CLEO- every 90 days.

(1)  All offenses requiring registration are reversed, vacated, or set aside;

(2)  The registrant is no longer required to register and his or her name shall be removed from the registry under the provisions of section 589.414; or

(3)  The court orders the removal or exemption of such person from the registry under section 589.401.

The registration requirements shall be as follows:

(1)  Fifteen years if the offender is a tier I sex offender as provided under section 589.414;

(2)  Twenty-five years if the offender is a tier II sex offender as provided under section 589.414; or

(3)  The life of the offender if the offender is a tier III sex offender.

5.  (1)  The registration period shall be reduced as described in subdivision (3) of this subsection for a sex offender who maintains a clean record for the periods described under subdivision (2) of this subsection by:

(a)  Not being adjudicated of any offense for which imprisonment for more than one year may be imposed;

(b)  Not being adjudicated of any sex offense;

(c)  Successfully completing any periods of supervised release, probation, or parole; and

(d)  Successfully completing an appropriate sex offender treatment program certified by the attorney general.

(2)  In the case of a:

(a)  Tier I sex offender, the period during which the clean record shall be maintained is ten years;

(b)  Tier III sex offender adjudicated delinquent for the offense which required registration in a sex offender registry under sections 589.400 to 589.425, the period during which the clean record shall be maintained is twenty-five years.

(3)  In the case of a:

(a)  Tier I sex offender, the reduction is five years;

(b)  Tier III sex offender adjudicated delinquent, the reduction is from life to that period for which the clean record under paragraph (b) of subdivision (2) of this subsection is maintained.

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, 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 D
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, 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 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
   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.

• Boone Co Sheriff Sex Offender Registry
• Callaway Co Sheriff Sex Offender Registry
• Dallas Co Sheriff Sex Offender Registry
• Howell Co Sheriff Sex Offender Registry
• Jasper Co Sheriff Sex Offender Registry
• Laclede Co Sheriff Sex Offender Registry
• Lawrence Co Sheriff Sex Offender Registry
• Livingston Co Sheriff Sex Offender Registry
• Newton Co Sheriff Sex Offender Registry
• Polk Co Sheriff Sex Offender Registry
• Scott Co Sheriff Sex Offender Registry
• St. Charles Co Sheriff Sex Offender Registry
• St. Genevieve Co Sheriff Sex Offender Registry
• Stone Co Sheriff Sex Offender Registry