Missouri HB 1628: Prohibits the prosecution of minor children for prostitution and requires patrons of child prostitutes to register as sex offenders

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1628
99TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE EVANS.
5420H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 567.020, 567.030, and 589.400, RSMo, and to enact in lieu thereof three new
sections relating to minor children suspected of prostitution, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 567.020, 567.030, and 589.400, RSMo, are repealed and three new
2 sections enacted in lieu thereof, to be known as sections 567.020, 567.030, and 589.400, to read
3 as follows:
567.020. 1. A person commits the offense of prostitution if he or she engages in or
2 offers or agrees to engage in sexual conduct with another person in return for something of value
3 to be received by any person.
4 2. The offense of prostitution is a class B misdemeanor unless the person knew prior to
5 performing the act of prostitution that he or she was infected with HIV in which case prostitution
6 is a class B felony. The use of condoms is not a defense to this offense.
7 3. As used in this section, "HIV" means the human immunodeficiency virus that causes
8 acquired immunodeficiency syndrome.
9 4. The judge may order a drug and alcohol abuse treatment program for any person found
10 guilty of prostitution, either after trial or upon a plea of guilty, before sentencing. For the class
11 B misdemeanor offense, upon the successful completion of such program by the defendant, the
12 court may at its discretion allow the defendant to withdraw the plea of guilty or reverse the
13 verdict and enter a judgment of not guilty. For the class B felony offense, the court shall not
14 allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment
15 of not guilty. The judge, however, has discretion to take into consideration successful
16 completion of a drug or alcohol treatment program in determining the defendant's sentence.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 1628 2
17 5. Notwithstanding any other provision of this section, if it is determined, after a
18 reasonable detention for investigative purposes, that a person suspected or charged with
19 a violation of this section is a person under the age of eighteen, that person shall be immune
20 from prosecution for an offense under this section.
567.030. 1. A person commits the offense of patronizing prostitution if he or she:
2 (1) Pursuant to a prior understanding, gives something of value to another person as
3 compensation for having engaged in sexual conduct with any person; or
4 (2) Gives or agrees to give something of value to another person with the understanding
5 that such person or another person will engage in sexual conduct with any person; or
6 (3) Solicits or requests another person to engage in sexual conduct with any person in
7 return for something of value.
8 2. It shall not be a defense that the person believed that the individual he or she
9 patronized for prostitution was eighteen years of age or older.
10 3. The offense of patronizing prostitution is a class B misdemeanor, unless the individual
11 who the person patronizes is less than eighteen years of age but older than fourteen years of age,
12 in which case patronizing prostitution is a class [A misdemeanor] E felony.
13 4. The offense of patronizing prostitution is a class [E] D felony if the individual who
14 the person patronizes is fourteen years of age or younger. Nothing in this section shall preclude
15 the prosecution of an individual for the offenses of:
16 (1) Statutory rape in the first degree pursuant to section 566.032;
17 (2) Statutory rape in the second degree pursuant to section 566.034;
18 (3) Statutory sodomy in the first degree pursuant to section 566.062; or
19 (4) Statutory sodomy in the second degree pursuant to section 566.064.
589.400. 1. Sections 589.400 to 589.425 shall apply to:
2 (1) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found
3 guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or conspiring
4 to commit a felony offense of chapter 566, including sexual trafficking of a child and sexual
5 trafficking of a child under the age of twelve, or any offense of chapter 566 where the victim is
6 a minor, unless such person is exempted from registering under subsection 8 of this section; [or]
7 (2) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found
8 guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or conspiring
9 to commit one or more of the following offenses: kidnapping or kidnapping in the first degree
10 when the victim was a child and the defendant was not a parent or guardian of the child; abuse
11 of a child under section 568.060