Missouri Sex Offender Laws

Missouri takes crimes of a sexual nature very seriously.  The penalties for these crimes are meant to be punishments that can permanently affect the life of anyone convicted.  If you’re being charged with any crime of a sexual nature, you must contact a Twibell Pierson criminal defense attorney immediately to help avoid what would be a lifetime of hardship.

Which crimes will result in being labeled a “sex offender”?

There are three different tiers (I, II, and III) of offenders labeled sex offenders in Missouri.  Which tier someone is placed in is based on the crime committed.  Each tier has different registration requirements.  

Tier I Crimes

• Sexual Abuse – First Degree if victim is eighteen or older
• Sexual Misconduct Involving a Child – if first offense and punishment less than one year
• Sexual Abuse – Second Degree if punishment is less than one year
• Kidnapping – Second Degree with sexual motivation
• Kidnapping – Third Degree
• Sexual Conduct with a Nursing Facility Resident/Vulnerable Person – First Degree if punishment less than one year
• Sexual Conduct wit Nursing Facility Resident/Vulnerable Person
• Sexual Conduct with a Prisoner/Offender if victim is eighteen or older
• Sex with an Animal
• Trafficking for Purpose of Sexual Exploitation if victim is eighteen or older
• Possession of Child Pornography
• Sexual Misconduct – First Degree
• Sexual Misconduct – Second Degree
• Invasion of Privacy if victim is eighteen or younger

Tier II Crimes

• Statutory Sodomy – Second Degree if victim is 16 or 17
• Child Molestation – Third Degree if victim is 13 or 14
• Sexual Contact with Student if victim is between 13 and 17
• Enticement of a Child
• Abuse of a Child if offense is sexual in nature and victim is between 13 and 17
• Sexual Exploitation of a Minor
• Promoting Child Pornography – First Degree
• Promoting Child Pornography – Second Degree 
• Patronizing Prostitution
• Sexual Contact with Prisoner/Offender if victim is between 13 and 17
• Child Molestation – Fourth Degree if victim is between 13 and 17
• Sexual Misconduct Involving a Child if first offense and punishment is more than one year
• Age Misrepresentation with Intent to Solicit a Minor

Tier III

• Rape – First Degree
• Statutory Rape – First Degree
• Rape – Second Degree
• Endangering Welfare of a Child – First Degree if the offense is sexual
• Sodomy – First Degree
• Statutory Sodomy
• Statutory Sodomy if victim is 15 or younger
• Sodomy – Second Degree
• Sexual Misconduct Involving a Child if offense is a repeat offense
• Sexual Abuse – First Degree if the victim is 12 or younger
• Kidnapping – First Degree if the victim is 17 or younger (excluding kidnapping by a parent or guardian)
• Child Kidnapping
• Sexual Conduct with a Nursing Facility or Vulnerable Person – First Degree if the punishment is more than one year
• Incest
• Endangering the Welfare of a Child – First Degree with sexual intercourse or deviant sexual intercourse with a victim 17 or younger
• Child Molestation – First Degree
• Child Molestation – Second Degree
• Child Molestation – Third Degree if the victim is 12 or younger
• Promoting Prostitution – First Degree if victim is 17 or younger
• Promoting Prostitution – Second Degree if victim is 17 or younger
• Promoting Prostitution – Third Degree if victim is 17 or younger
• Promoting Travel for Prostitution if victim is 17 or younger
• Trafficking for the Purpose of Sexual Exploitation if victim is 17 or younger
• Sexual Trafficking of a Child – First Degree
• Sexual Trafficking of a Child – Second Degree
• Genital Mutilation of a Child
• Statutory Rape – Second Degree
• Child Molestation – Fourth Degree if victim is 12 or younger
• Sexual Abuse – Second Degree if punishment is more than one year
• Patronizing Prostitution if offense is a persistent offender
• Abuse of a Child if offense is sexual in nature and victim is 12 or younger
• Sexual Contact with a Prisoner or Offender if the victim is 12 or younger
• Sexual Intercourse with a Prisoner/Offender
• Sexual Contact with a Student if victim is 12 or younger
• Use of a Child in Sexual Performance
• Promoting a Sexual Performance of a Child

Sex Offender Registration

Anyone that has been categorized as a sex offender by being convicted of one of the crimes listed above will have to register themselves as a sex offender.  This means that, within three business days, the offender will have to present themselves, in person, to the country sheriff (or the St. Louis police chief if in St. Louis) if there is a change to the offender’s:

• Name
• Residence (Address)
• Employment Status (including volunteer work or internship)
• Student Status

Also, if there are changes to the following items, the offender will have to contact, not necessarily in person, the county sheriff (or St. Louis police chief in St. Louis) to register.

• Vehicle Information
• Temporary Lodging Information
• Temporary Residence Information
• Email Address
• Instant Messaging Address
• Telephone Number (both home/mobile)

Additionally, based on the tier of crime listed above, the offender will have to present themselves in person to the county sheriff (or the St. Louis police chief if in St. Louis) to verify their information as listed below:

• Tier I offenders need to present themselves once every year in the month of their birth
• Tier II offenders need to present themselves twice a year, in the month of their birth and six months later
• Tier III offenders need to present themselves every ninety days

How long must someone be on the sex offender registry?

For Tier I offenders, they must remain on the registry for 15 years unless the following terms have been met:

• The offender has not committed any crimes resulting in imprisonment of a year or more
• The offender has not committed any sexual crimes
• The offender has successfully completed a period of supervised release, probation, or parole
• The offender has successfully completed a sex offender treatment program

If those terms have been met, the offender can be removed from the registry after 10 years.

For Tier II offenders, they must remain on the registry for 25 years.

For Tier III offenders, they must remain on the registry for life unless their conviction was as a juvenile and they have met the same terms of the Tier I offenders listed above for 25 consecutive years.  At that point, they may be removed from the registry.

There is an exception called the Romeo & Juliet exception. If a person 18 or younger committed a crime against someone 12 or younger, they might petition the court to be removed after two years on the registry if the crime did not have the use of force involved.

If someone is convicted of one of these crimes, can they eventually be expunged from their record?

Unfortunately, no.  Any crime which initially requires sex offender registry cannot be expunged.

What other obligations do sex offenders have once initially released from prison?

• Offenders must obey all laws and report any arrests to a parole or probation officer within 48 hours
• Offenders must get permission in advance to leave the state or area where they live
• Offenders must get permission in advance to move places of residency
• Offenders must be employed. If they lose or change jobs, they must report this to a parole or probation officer within 48 hours
• Offenders must get permission to associate with anyone who has been convicted of a misdemeanor or a felony
• Offenders must not be in contact with anyone age 16 or younger
• Offenders must submit to regular drug screens
• Offenders convicted of a felony may not be in possession of a firearm
• Offenders may not possess or view pornography

Depending on the specific crime, it is possible to have further restrictions, such as those who have been convicted of child sexual abuse may not live within 1000 feet of any school or child care facility.  Please contact a criminal defense attorney to outline any specific restrictions that may apply to you.

The attorneys at Twibell Pierson Criminal Law are very experienced in defending those charged with sexual crimes.  Additionally, they have helped many get their names off of the sex offender registry.  If you need a consultation, please contact us.