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National

MO: SB655 changes Missouri’s sex offender list

A lot of people have been talking about how Senate Bill 655 adjusts how old one must be to get married in Missouri, increasing that age to 16.

Clay County Assistant Prosecuting Attorney Shannon Ryser said that is only one portion of the bill. He added that a portion also is dedicated to the sex offender registration list.

“There is a much larger portion of the bill that significantly revises and basically overhauls the requirements of sex offender registration,” Ryser said. “Right now in Missouri, everybody that is convicted of a felony sex offense, and everybody that is convicted of a misdemeanor sex offense involving a minor has to register as a sex offender for life.”

Beginning Aug. 28, those rules will change.

The new system classifies sex offenses into three tiers, the first tier covering crimes like sexual misconduct, while the more heinous sex crimes will fall under tier three. Full Article

Join the discussion

  1. AO

    Man, even their messed up system and new tiered registry sounds a lot better than California’s. I’m willing to bet the way CA has it’s currently set up, 95% of the people on it will remain on it either because of charges placing them into T2 and T3 without the ability to petition down, as well as requiring you to petition to get off regardless of how you’re categorized. I’d be surprised if they send out notices to over 100k people to let them know of their options. And I doubt local PD will be handing out pamphlets either. And even those in the know are not likely to be able to afford a lawyer to wade through the process. I suppose the harder the make it, the easier it’ll be to challenge. No due process seems ripe for it.

    • NPS

      No. I would say California’s tier system is better. Statutory rape is still a Tier 3 in Missouri? That would put a lot of young men in Tier 3 just for having sex with their still minor-aged girlfriend. Even 17 year-old males can still be charged if the girl’s parents make a fuss. In CA, this would be classified as Tier 1 (if the minor is 16-17) or Tier 2 (14-15).

      • AO

        Yes. But in MO T3 can petition down to get off after 25 years. In CA, T3 is 100% life except if it’s only because of your Static-99. Plus, CP possession is T3 in CA (not sure if it is in MO, but, again, you can petition out after 25 years).

        • Staci

          AO,
          Possession of CP is Tier 1 in MO. It baffles me that it is Tier 3 in CA. Actually what baffles me is how someone can be placed on a sex offender registry when they haven’t touched/offended someone. Yes, these pictures should not be in society and I can understand a punishment for that but where is the common sense?

      • Relief

        @NPS – The 6 Hofsheier type offenses, 288a(b)(1), (b)(2), etc are all Tier 1 per 667.5 for ages 14-17. Are you saying specifically 261.5(d) [14 – 15 yo] are Tier 2?
        And yes, CA does appear better unless very few granted a petition..

        • NPS

          “Are you saying specifically 261.5(d) [14 – 15 yo] are Tier 2?”

          Yes. I am. Hofsheier was overturned in 2014. It’s no longer available to anyone who wants to petition for registry removal. I tried to petition at that time, but I was told no. I did, however, get a 17b and 1203.4 expungement. It’s highly probably that anyone with an expunged record will fall under Tier 1 if their offense is a misdemeanor. All misdemeanors will be Tier 1, so if the offense is a wobbler, file that 17b. I noticed on the latest bill, a felony 288a(b)(1) will be Tier 2

      • Relief

        @NPS – DOJ v Johnson decision was delivered 5-2 on Jan 29, 2015, so yes Hofsheier relief was overturned, but they still can be referred/abbreviated as “Hofsheier-type” offenses. When you say “the latest bill”, which are you referring?
        It has been several months since I have researched, but there are approximately 6-8,000 registrants by stat rape charges and “Hofsheier equivalent” (single conviction) offenses of 286(b)(1),(2), 288a(b)(1), (2) and 289(b)(1), (2) and according to SB 384, 290(d)(1)(A):
        “(1) (A) … A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), OR for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5”
        Ca PC 667.5(c)(5) states only 288a(c) or (d) are classified as “serious felonies.”
        I do not see any 667.5(c) references to any 261.5 offenses(?) can you please specify your exact sources/interpretation. [very few 261.5’s are registrants]

        Further, (and FYI) statistical work done for this Board late last year, based on the current reading of SB 384, gives a rough preliminary estimate of registrants by Tiers in Jan 2021 of:
        Tier 1 : 35,700
        Tier 2 : 44,540
        Tier 3 : 22,320

        Thanks for your input NPS.

    • MO Didn't Fall Into The Trap

      Missouri’s Tiered Law is evidence that, even in a tiered registry, you do *not* need to incorporate the Static-99R “risk assessment” scam into law.

  2. David

    ACSOL should push for similar provisions for California’s Tiered Registry: [from the article] “Tier one is 15 years (on the registry). They have the ability to petition to get that reduced to 10 years. Tier two is 25 years …… Tier three is the lifetime registration requirement, and I believe those people have the ability to petition to get that reduced to 25 years.”
    So, in California, make it possible to petition for earlier removal from the tiered registry WITH AUTOMATIC REMOVAL upon reaching the full number of years for one’s assigned tier. That would greatly reduce the burden on the courts, the D.A.s, LE, and Registrants!! And if you want to get off the list early, you can apply, hire an attorney, make your case for relief before the court, etc. But for regular folks with limited resources, you will automatically be removed when you reach the full number of years for your assigned tier (assuming no new offense, etc.) To me, that sounds a lot more fair…. AND …. it will automatically and immediately reduce the number of registrants on the list.

    • LS

      If you look at the text of the Bill, Tier 3’s that were convicted as Juveniles can petition to 25 years.

    • David

      Wait….. they’re “increasing the age to get married to 16”?? So it was 15 years old (or even younger?) before this new law?? 🤔 So if you married the 15 year old, it wasn’t sexual abuse if you “exercised your conjugal rights”, but otherwise it was?? And you could have sex, but not take photos, because that would be production of CP….?? Huh?? 🙄 Ummm, yeah, I don’t get it. Must be a Missouri thing.

  3. j

    how it that possibly better?? Cal has 10 years than petition,, Mo has 15 years (than) you can petition for 10 years– Cal has 20 years than petition,, Mo has 25 years and CANT get reduced,, Cal has life–Mo also has life but can petition for 25 years (although will be very challenging)

    • Hmmm...

      If I am not mistaken, T1 and T2 do not require a petition, but they are automatic? You could petition for things like reducing the 15 year automatic to 10 years, as well as having your name off the public (Megan’s Law) registry. Equally significant, this bill does not incorporate a “risk assessment tool” like the Static-99R. If you watch some of the debate regarding a risk assessment tool in MO, you’ll see that the lawmakers were intelligently weary of using a static “test” to classify people.

      Of course, there are things that are arguably worse, such as classifying certain offenses into T3. But overall, considering the automatic periods at T1 and T2 — as well as no risk assessment tool — the MO bill does appear as a better alternative.

      Here is the actual text for those interested:

      https://legiscan.com/MO/text/SB655/id/1799295

    • David

      @ j: If you are referring to my comment, you may have missed my point. As California’s Tiered Registry stands now, no one gets off the Registry automatically. No one “drops off” the List after they reach the minimum number of years that California has assigned to their tier. I am suggesting that it be changed so that when one reaches the assigned number of years, he/she AUTOMATICALLY drops off the Registry – no petition needed, no court hearing needed. Along those lines, the only purpose of petitioning the court would be if one seeks early removal from the List, prior to reaching California’s required number of years for his/herTier.

  4. j

    and i think california should put that mark-that stamp just like Mo, as that state start as of aug 28, and california needs to wait until 2021, come on california get with it, you are on the correct track with good vibes, janet/chase–keep up the GREAT WORK.

  5. Relief

    @NPS – The 6 Hofsheier type offenses, 288a(b)(1), (b)(2), etc are all Tier 1 per 667.5 for ages 14-17. Are you saying specifically 261.5(d) [14 – 15 yo] are Tier 2?
    And yes, CA does appear better unless very few granted a petition..

  6. Joe123

    “The welfare of our children must always be a top priority,” Parson said.

    LOL. I am hysterically laughing at this. How can people be so God damn dumb about what they’re doing, yet be the ones in power? THIS is why the current system of government we have is a failure and has no future. We have clueless people pushing out laws that they have Zero Knowledge about, having done NO Research themselves.

    These lost souls (I won’t call them idiots) want to place “Child welfare” as a top priority, but they don’t consider the amount of abuse a child goes through physically, mentally, verbally in many households by PARENTS themselves. How many kids are born into Horrible conditions and households and violent physically abusive parents? It is EVERYWHERE and it CRIPPLES people for life. How about the abuse by doctors prescribing meds that affect the welfare of these children as soon as they are born? How about the profit driven systems in place such as the FDA which CHOOSES to ignore chemicals and other garbage ingested by CHILDREN who are then physically affected FOR LIFE. Where is the care about children’s welfare there?

    These clueless morons claiming they give a damn about children. Pathetic. Where were they when an African American Teenage girl last week was stabbed to death by a mentally unstable maniac with a LONG CRIMINAL RECORD OF REAL VIOLENT OFFENSES?

    These MORONS are telling the American people that they don’t CARE what career criminals and VIOLENT maniacs do to citizens, as long as these unstable people don’t have an inappropriate sexual thought or touch someone inappropriately.

    Clearly these politicians are the real ones that are sick in the head. People should be OUTRAGED about this.

    • Tim Moore

      I call it “ritual concern”. It is just something to make the population feel good. I don’t think we are that far from the ancient populations of Mesoamerica, that sacrificed their captives to ensure that rain would fall. The death now is social and sometimes slowly physical, not outright murder, except by vigilante proxy. Our sacrifice ritual is less honest than of old. To publish that concern, government servants (they forget they are supposed to serve the population, not themselves) establish “ritual punishment”. I think that is why the courts have such a problem with where to classify sex registry laws. They are not traditional punishment or traditional regulation, but something like establishing a belief system, a type of national mythology, and like all religious beliefs are only thinly tied to reality. Government is denied establishing a belief system by the 1st amendment — but there you have it.
      I am glad for myself and my children that my progeny are adults and saddened for the children of registrants. If my offspring were still young, I most likely would not be able to go to their school events — not in my community. I couldn’t take them to many national parks, like Zion or Bryce canyon, because of Utah’s vague public park presence laws. The longest I could stay in any state outside my home is about five days (maybe ten) without having to get on some other registry and have my name online, possibly forever, and have my children risk even more shame than they have dealt with by the offense itself. Unending shame. Let’s not even mention the poverty the registry breeds. How is this to protect children? Does making victims and politicians feel good protect children? It is all abstract. It is so politicians can proclaim their virtue from the rooftops of the Capitol and continue their hypocritically selective concern for children without question.

    • David

      “Where were they when an African American Teenage girl last week was stabbed to death by a mentally unstable maniac with a LONG CRIMINAL RECORD OF REAL VIOLENT OFFENSES?”
      Oh, I’m sorry – LEOs don’t have a list of GENUINE THREATS! All the LEOs were very busy doing Compliance Checks on all of us!! We’re such a scary, dangerous threat. 🙄

  7. RULE 401(b)

    Wow. Missouri smart enough to be straightforward with a tiered registry.

    1) No CA SOMB “treatment” required.*

    2) Automatic relief at 15 and 25 yr periods, with no “petition” bs (unless you want to get off earlier).

    3) No dumb “risk” assessment tool like the STATIC-99/R.

    Just shows how the special interests really control CA.

    * I am not against straightforward counseling for RSO’s. However, I am disgusted at how CA perverted counseling with junk science ala lie detectors, confidentiality waivers, dirty gov’t contracts, CASOMB standards/containment model… then rolled it all into “treatment.”

    • David

      We in California should certainly push for #2 in our State. We need to push back hard against all the stupid hoops the State wants us to jump through which will add a significant amount of time, effort. and the expense of hiring a lawyer to acquire the freedom we are already owed since completing our period of correctional supervision!! 😡

    • Gralphr

      Not only should they change tier 1 and 2, they should also change tier 3. After all, the majority have NOT been diagnosed with anything, they became tier 3 due to the age of the victim alone. Many believe one must be diagnosed by a professional to become a tier 3, but in most states if the victim in under 13, one becomes a SVP automatically with no way off the registry no matter how along ago the incident happened. One should have to prove they’re not dangerous, the government should have to prove they are and but new supporting incidents. Someone labeled a tier 3 for a incident 25 years ago and has been crime free ever since should NOT still be a tier 3 or even on the registry itself!

  8. DJ

    My husband was charged in 1991 for sexual assault. He is a tier 3. He was 19 y/o having a sexual relationship with a 14 y/o female. It was consensual, but by law, she wasn’t old enough to consent. We believe the charge he recieved was too harsh, he does know it was a mistake. It has been 21 years and he has never made this mistake again. Does anyone know how to start with getting this overturned?

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