Missouri Revised Statutes
Chapter 566
Sexual Offenses
←566.145
Section 566.147.1
566.147→
August 28, 2015
Beginning January 1, 2017--Certain offenders not to reside within one thousand feet of a school or child care facility.
566.147. 1. Any person who, since July 1, 1979, has been or
hereafter has been found guilty of:
(1) Violating any of the provisions of this chapter or the provisions
of section 568.020, incest; section 568.045, endangering the welfare of a
child in the first degree; subsection 2 of section 568.080 as it existed
prior to January 1, 2017, or section 573.200, use of a child in a sexual
performance; section 568.090 as it existed prior to January 1, 2017, or
section 573.205, promoting a sexual performance by a child; section
573.023, sexual exploitation of a minor; section 573.025, promoting child
pornography in the first degree; section 573.035, promoting child
pornography in the second degree; section 573.037, possession of child
pornography, or section 573.040, 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 feet of any public school as defined
in section 160.011, any private school giving instruction in a grade or
grades not higher than the twelfth grade, or any child care facility that
is licensed under chapter 210, or any child care facility as defined in
section 210.201 that is exempt from state licensure but subject to state
regulation under section 210.252 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.
2. 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 feet of such person's residence, then such
person shall, within one week of the opening of such public school, private
school, or child care facility, notify the county sheriff where such public
school, private school, or child care facility is located that he or she is
now residing within one thousand feet of such public school, private
school, or child care facility 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.
3. For purposes of this section, "resides" means sleeps in a
residence, which may include more than one location and may be mobile or
transitory.
4. Violation of the provisions of subsection 1 of this section is a
class E felony except that the second or any subsequent violation is a
class B felony. Violation of the provisions of subsection 2 of this
section is a class A misdemeanor except that the second or subsequent
violation is a class E felony.
(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, A.L. 2011 H.B. 111 merged with S.B.
250, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)
Effective 1-01-17
(2008) Section imposing residency restrictions on sex offenders whose
conduct predated effective date of section is unconstitutional as
retrospective law. R. L. v. State of Missouri Department of
Corrections, 245 S.W.3d 236 (Mo.banc).
(2010) Section prohibiting convicted sex offenders from residing
within 1,000 feet of any school or child-care facility, as
applied to person whose sex offense conviction predated the
law's enactment, violates Article I, Section 13 provision
prohibiting retrospective laws. F.R. v. St. Charles County
Sheriff's Department, 301 S.W.3d 56 (Mo.banc).
2017
2017
2009
2008
2006
2004
2017
566.147. 1. Any person who, since July 1, 1979, has been or
hereafter has been found guilty of:
(1) Violating any of the provisions of this chapter or the provisions
of section 568.020, incest; section 568.045, endangering the welfare of a
child in the first degree; section 573.200, use of a child in a sexual
performance; section 573.205, promoting a sexual performance by a child;
section 573.023, sexual exploitation of a minor; section 573.025, promoting
child pornography in the first degree; section 573.035, promoting child
pornography in the second degree; section 573.037, possession of child
pornography, or section 573.040, 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 feet of any public school as defined
in section 160.011, any private school giving instruction in a grade or
grades not higher than the twelfth grade, or any child care facility that
is licensed under chapter 210, or any child care facility as defined in
section 210.201 that is exempt from state licensure but subject to state
regulation under section 210.252 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.
2. 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 feet of such person's residence, then such
person shall, within one week of the opening of such public school, private
school, or child care facility, notify the county sheriff where such public
school, private school, or child care facility is located that he or she is
now residing within one thousand feet of such public school, private
school, or child care facility 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.
3. For purposes of this section, "resides" means sleeps in a
residence, which may include more than one location and may be mobile or
transitory.
4. Violation of the provisions of subsection 1 of this section is a
class E felony except that the second or any subsequent violation is a
class B felony. Violation of the provisions of subsection 2 of this
section is a class A misdemeanor except that the second or subsequent
violation is a class E felony.
2017
566.147. 1. Any person who, since July 1, 1979, has been or
hereafter has been found guilty of:
(1) Violating any of the provisions of this chapter or the provisions
of section 568.020, incest; section 568.045, endangering the welfare of a
child in the first degree; section 573.200, use of a child in a sexual
performance; section 573.205, promoting a sexual performance by a child;
section 573.023, sexual exploitation of a minor; section 573.025, promoting
child pornography in the first degree; section 573.035, promoting child
pornography in the second degree; section 573.037, possession of child
pornography, or section 573.040, 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 feet of any public school as defined
in section 160.011, any private school giving instruction in a grade or
grades not higher than the twelfth grade, or any child care facility that
is licensed under chapter 210, or any child care facility as defined in
section 210.201 that is exempt from state licensure but subject to state
regulation under section 210.252 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.
2. 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 feet of such person's residence, then such
person shall, within one week of the opening of such public school, private
school, or child care facility, notify the county sheriff where such public
school, private school, or child care facility is located that he or she is
now residing within one thousand feet of such public school, private
school, or child care facility 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.
3. For purposes of this section, "resides" means sleeps in a
residence, which may include more than one location and may be mobile or
transitory.
4. Violation of the provisions of subsection 1 of this section is a
class E felony except that the second or any subsequent violation is a
class B felony. Violation of the provisions of subsection 2 of this
section is a class A misdemeanor except that the second or subsequent
violation is a class E felony.
2009
566.147. 1. Any person who, since July 1, 1979, has been or hereafter
has pleaded guilty or nolo contendere to, or been convicted of, or been found
guilty of:
(1) Violating any of the provisions of this chapter or the provisions of
subsection 2 of section 568.020, incest; section 568.045, endangering the
welfare of a child in the first degree; subsection 2 of section 568.080, use
of a child in a sexual performance; section 568.090, promoting a sexual
performance by a child; section 573.023, sexual exploitation of a minor;
section 573.025, promoting child pornography in the first degree; section
573.035, promoting child pornography in the second degree; section 573.037,
possession of child pornography, or section 573.040, 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;
shall not reside within one thousand feet of any public school as defined in
section 160.011, or any private school giving instruction in a grade or
grades not higher than the twelfth grade, or child-care facility as defined
in section 210.201, which is in existence at the time the individual begins to
reside at the location.
2. 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 feet of such person's residence, then such person
shall, within one week of the opening of such public school, private school,
or child-care facility, notify the county sheriff where such public school,
private school, or child-care facility is located that he or she is now
residing within one thousand feet of such public school, private school, or
child-care facility 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.
3. For purposes of this section, "resides" means sleeps in a residence,
which may include more than one location and may be mobile or transitory.
4. Violation of the provisions of subsection 1 of this section is a class
D felony except that the second or any subsequent violation is a class B
felony. Violation of the provisions of subsection 2 of this section is a
class A misdemeanor except that the second or subsequent violation is a class
D felony.
2008
566.147. 1. Any person who, since July 1, 1979, has been or
hereafter has pleaded guilty or nolo contendere to, or been convicted of,
or been found guilty of violating any of the provisions of this chapter 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 for an 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 shall not reside within one thousand feet of any public
school as defined in section 160.011, RSMo, or any private school giving
instruction in a grade or grades not higher than the twelfth grade, or
child-care facility as defined in section 210.201, RSMo, which is in
existence at the time the individual begins to reside at the location.
2. 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 feet of such person's residence, then such
person shall, within one week of the opening of such public school, private
school, or child-care facility, notify the county sheriff where such public
school, private school, or child-care facility is located that he or she is
now residing within one thousand feet of such public school, private
school, or child-care facility 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.
3. For purposes of this section, "resides" means sleeps in a
residence, which may include more than one location and may be mobile or
transitory.
4. Violation of the provisions of subsection 1 of this section is a
class D felony except that the second or any subsequent violation is a
class B felony. Violation of the provisions of subsection 2 of this
section is a class A misdemeanor except that the second or subsequent
violation is a class D felony.
2006
566.147. 1. Any person who, since July 1, 1979, has been or
hereafter has pleaded guilty or nolo contendere to, or been convicted of,
or been found guilty of violating any of the provisions of this chapter 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; shall not reside within one
thousand feet of any public school as defined in section 160.011, RSMo, or
any private school giving instruction in a grade or grades not higher than
the twelfth grade, or child-care facility as defined in section 210.201,
RSMo, which is in existence at the time the individual begins to reside at
the location.
2. 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 feet of such person's residence, then such
person shall, within one week of the opening of such public school, private
school, or child-care facility, notify the county sheriff where such public
school, private school, or child-care facility is located that he or she is
now residing within one thousand feet of such public school, private
school, or child-care facility 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.
3. For purposes of this section, "resides" means sleeps in a
residence, which may include more than one location and may be mobile or
transitory.
4. Violation of the provisions of subsection 1 of this section is a
class D felony except that the second or any subsequent violation is a
class B felony. Violation of the provisions of subsection 2 of this
section is a class A misdemeanor except that the second or subsequent
violation is a class D felony.
2004
566.147. 1. Any person who has pleaded guilty or nolo contendere to,
or been convicted of, or been found guilty of violating any of the
provisions of this chapter or the provisions of section 565.253, RSMo,
invasion of privacy; 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; shall not establish residency
within one thousand feet of any public school as defined in section
160.011, RSMo, or any private school giving instruction in a grade or
grades not higher than the twelfth grade, or child-care facility as defined
in section 210.201, RSMo, which is in existence at the time such residency
is established.
2. 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 feet of such person's residence, then such
person shall, within one week of the opening of such public school, private
school, or child-care facility, notify the county sheriff where such public
school, private school, or child-care facility is located that he or she is
now residing within one thousand feet of such public school, private
school, or child-care facility 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.
3. Violation of the provisions of subsection 1 of this section is a
class D felony except that the second or any subsequent violation is a
class B felony. Violation of the provisions of subsection 2 of this
section is a class A misdemeanor except that the second or subsequent
violation is a class D felony.
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