Missouri Sexual Offender Registration

Per Missouri Revised Statute
   589.400 to 589.425

Notification Only - Pending Registration

Person has been notified of their duty to register and are pending registration at the Chief Law Enforcement Official where they plan to reside. Offenders have 10 days to register after release from incarceration or re-locating.

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Offenses Requiring Registration (589.400 - 589.425)

Any felony offenses in Chapter 566, RSMo, including attempt to commit statutory rape and attempt to commit statutory sodomy.

Any offense in Chapter 566, RSMo when the victim is a minor.

Offenses not under Chapter 566, RSMo that require registration are: 

Kidnapping, pursuant to Section 565.110, RSMo - excluding kidnapping by parent/guardian. (589.400.6) 
Felonious restraint - when not the parent or guardian 
Promoting prostitution in the first, second, and third degree 
Sexual exploitation of a minor 
Promoting child pornography in the first and 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 
Promoting sexual performance by a child 
Endangering the welfare of a child, pursuant to 568.045, when endangerment is sexual in nature 
Sexual contact of sexual intercourse with a resident of a nursing home 
Genital mutilation of a female child 
Furnishing pornographic material to minors 

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Who is required to Register (589.400)

Any person who, since January 1, 1995, has been:

Convicted of 
Found guilty of 
Plead guilty to committing 
Attempting to commit 
Pled nolo contendere (8-28-2004) 
Who has been committed to the Department of Mental Health as a criminal sexual psychopath 
Who has been found not guilty as a result of mental disease or defect 
Is required to register in another state, foreign country, or has been or is required to register under federal or military law 
Who works or attends school or training on a full-time or part-time basis in Missouri 

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When Must an Offender Register (589.400)

Within 10 days of conviction, release from incarceration, or placed on probation the offender must register with the chief law enforcement officer (CLEO)

Within 10 days of moving into state

Within 10 days of changing address

Every offender must register in the month of his or her birth and every 6 months thereafter; predatory or persistent sexual offenders must register every 90 days. 

An offender must complete a yellow "Missouri Offender Registration" fingerprint card with the CLEO of the county of where they expect to reside. (Reside is defined by section 566.147 in RSMo as sleeps in a residence which may include more than one location and may be mobile on transitory) 
Within three (3) days of completing the offender registration card, the CLEO should submit the offender registration information to the Missouri State Highway Patrol’s Criminal Records and Identification Division. 
The CLEO is responsible for informing any institution of higher education when an offender is employed, carries on a vocation, or is a student. 
The registration requirements of Section 589.400 through 589.425 are lifetime registration requirements unless all offenses requiring registration are reversed, vacated or set aside, the registrant is pardoned of the offenses requiring registration, or petitions are filed and granted with the court under the appropriate circumstances. 
For processing an initial sex offender registration, the chief law enforcement officer of the county may charge the offender registering a fee of up to ten ($10) dollars (589.400.4), and for any processing change pursuant to section 589.414, the CLEO of the county may charge the person changing their registration a fee of five ($5) dollars for each change made after the initial registration. 

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What Information must the offender provide?

Name and Date of Birth 
Alias Names and Alias Dates of Birth 
Physical Description of offender (i.e. age, sex, race, height, and weight.) 
Addresses: home, work, school, temporary address 
Any photographs: required one per year 
Vehicle: year, make, model, color, license plate, license state 
Nature and Dates of Offenses 
Release Date 

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Special Considerations

Under Missouri law, any person who moves into Missouri from another state and is registered in that state or would be required to register under Missouri law if the offense had been committed in Missouri and it is a registerable offense they 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 14 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 14 days per 12-month period, registration is not required in Missouri. 
Registration in Missouri is in the same manner as the primary states requirement, (semi-annual, or 90-day registration). With the following exception:If the offender is required to register on an annual basis in their state for an offense if committed in Missouri would require a 90-day registration; then they would be considered a 90-day registrant. Registration is based on an offense and/or the victim’s age and states vary regarding registration requirements.

Certain offenders may not reside within 1000 feet of any public or private school up to the 12th grade or childcare facility, which is in existence at the time of the offender establishing his or her residency. If the offender has already established residence and a public or private school or childcare facility is built or placed within 1000 feet of the offender’s residence, the offender should notify the county sheriff within one week of the facility being opened. The offender has the responsibility of providing proof he/she had residence established prior to the new facility opening.

Certain sexual offenders may not loiter within 500 feet of the real property of any school when a person younger than 18 is present without permission from the School Superintendent or School Board or Principal of a private school.

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Penalties for failing to Register (589.425)

For the first conviction of failing to register the offense is a class A misdemeanor or it is a class D felony if the offense requiring registration was an unclassified felony, a class A or B felony, or a felony involving a child under the age of 14.

For a second conviction of failing to register the offense is a class D felony or a class C felony if the offense was an unclassified felony, a class A or B felony, or a felony involving a child under the age of 14. 

For a third conviction of failing to register the offender will serve a term of imprisonment not less than 10 and not more than 30 years. After release following third conviction electronic monitoring based upon a global positioning system or other technology will be used.

If an offender was required to register semi-annually and is convicted of failing to register they automatically become a 90-day registrant, this change in registration will remain in effect for life. It will not be changed to back semi-annual. 

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Verifying Information

Semi Annual registration takes place with all offenders in the month of their birth and 6 months thereafter and must provide updated photograph of him/herself during month of their birth.

90-day registrations take place when:

Offenders are predatory or persistent sexual offenders 
When victims were under the age of 18 
When offenders that have pled guilty or been found guilty of failing to register or submitting false information when registering. 
When a registrant changes residence or address within the same county, the person shall inform the CLEO of the county in writing within ten (10) days of his or her new address and telephone number.

When a registrant changes residence or address to a different county or state, the individual shall appear in person and inform both the CLEO of the previous jurisdiction and the officer having new jurisdiction within ten (10) days of arrival.

When a registrant changes residence, the CLEO of the county where the person was previously registered shall promptly complete a "Change of Address/Statement" form and submit it to the Missouri State Highway Patrol.

When the registrant is changing their residence to a new state, the Missouri State Highway Patrol will inform the responsible official via letter in the new state of residence.

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Juvenile Registration

Juvenile Sex Offenders are required to register with the juvenile office in the county in which they reside.

Any state agency having supervision or any court having jurisdiction over a juvenile who is required to register as a juvenile sex offender shall register with the juvenile office of the county within ten (10) days of moving into the county.

Juvenile officers shall maintain the registration forms on juvenile offenders in their jurisdiction.

Information shall be kept confidential and released only to those persons and agencies that are authorized to receive information from juvenile court records as provided by law.

A juvenile that is certified as an adult must register as an adult offender.

The office of State Courts has a juvenile sex offender registration fingerprint card.

Upon the juvenile turning age 21, the requirement for him or her to register shall be terminated.

Exception: Unless the juvenile offender is required to register as an adult offender, such as when a juvenile has moved into Missouri from another state and is required to have community notification. Community notification would require the juvenile to register as an adult offender.

Not all states have community notification. Community notification is generally addressed in state statute and may or may not be included in a state’s sex offender registry requirements. For example, Missouri does not have community notification.

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Removal from the Offender Registry

Any person guilty of nonsexual child abuse, felonious restraint or kidnapping of a child victim and is the parent/guardian of the victim is removed from the offender registry. (589.400)

Any person seeking removal from the sex offender registry must notify prosecutor in the court where the petition is filed, failure to notify results in automatic denial. Must wait 12 months before re-petitioning if denied by the judge. Prosecutor is to make reasonable efforts to notify the victim of the offender’s petition to remove name.

Exception: Any person under age 19 guilty of a sexual offense with a victim 13 or older with no physical force or threat of physical force (statutory rape in second degree) can petition the court to have his/her name removed from sex offender registry after two years.

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Electronic Monitoring and Registration

Probation and Parole has access to home computer information for a registered sex offender. (589.042) 
DOC must notify MSHP of any offender requiring electronic monitoring. 
RSMo 599.106 passed in 2005 provides for lifetime supervision and electronic monitoring for sexual offenders who: 
Committed the act on or after August 28, 2005 
Had previously plead guilty or been found guilty of an offense in Chapter 566, RSMo 
Had plead guilty or has been found guilty of the following offense(s) where the victim is under 14: 
Rape 
Statutory rape 
Sodomy 
Statutory sodomy 
Child molestation 
Sexual misconduct involving a child 
Sexual abuse 
Enticement of a child 
Sexual trafficking of a child 
Incest 
Child used in a sexual performance 
Promoting sexual performance by a child 
When using a livescan device for taking fingerprints of an offender, the CLEO should retain a signed copy of the fingerprint card. This fingerprint card can be used if the offender fails to register.

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Sentencing and Penalty Provisions

Imprisonment for a persistent sexual offender has increased from 30 years to life (558.018) 
Imprisonment for forcible rape and forcible sodomy with a victim under 12 has increased from 5 years to 30 years 
Offender found guilty of failure to register can no longer receive suspended imposition of sentence or suspended execution of sentence. (589.425) 
The penalty for enticement of a child and attempting to commit enticement of child has increased from 5 to 30 years 
Person who commits 1st degree child molestation with a victim under 12 and has a history of sexual offense, inflicting serious injury or displaying a deadly weapon will be ineligible for probation or parole 
New legislation creates Aiding a Sexual Offender, class D Felony.

The court may conditionally release a person civilly committed as a sexually violent predator if the mental abnormality has changed and the person is not likely to commit violent acts if released.

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Public Access / MSHP Website / SFCSD Website

The Missouri Sex Offender Registry can be accessed through the Missouri State Highway Patrol’s website at http://www.mshp.dps.mo.gov. Information included on the website includes name, address, offense and picture of registered sex offenders.

In August 2005, legislation was passed to give the counties the ability to post on their web sites pictures of all sex offenders registered within the county.

Effective October 1, 2006, the Missouri State Highway Patrol will operate a toll free number 888-SOR-MSHP (888-767-6747) to disseminate sex offender information. (43.533)

Sheriff’s departments may also publish sexual offender information in the newspaper.

Return to the Offenders Introduction Page