Bill Summary – FastDemocracy

FIRST REGULAR SESSION
                        HOUSE BILL NO. 1224
                               103RD GENERAL ASSEMBLY


                               INTRODUCED BY REPRESENTATIVE SPARKS.

     2734H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To amend chapter 566, RSMo, by adding thereto one new section relating to the offense of
           sexual exploitation by a clergyperson, with a penalty provision.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Chapter 566, RSMo, is amended by adding thereto one new section, to be
 2   known as section 566.088, to read as follows:
             566.088. 1. A person commits the offense of sexual exploitation by a
 2   clergyperson if such person is or holds oneself out to be a clergyperson as defined in
 3   subsection 3 of this section, engages in sexual conduct as defined in section 566.010 with
 4   another person who is not the clergyperson's spouse, and the sexual conduct occurred:
 5           (1) During the course of a meeting in which the victim sought or received
 6   religious, spiritual, marital, or relationship advice, counseling, therapy, aid, or comfort
 7   from the clergyperson or within one hundred twenty days after such meeting;
 8           (2) During a period of time in which the victim was meeting on an ongoing basis
 9   with the clergyperson to seek or receive religious, spiritual, marital, or relationship
10   advice, counseling, therapy, aid, or comfort from the clergyperson; or
11           (3) While the clergyperson was in a position of trust or authority over the victim
12   and used that position of trust or authority to engage in the sexual conduct.
13           2. Consent by the victim shall be a defense under this section unless the victim is
14   a child under seventeen years of age.
15           3. As used in this section, "clergyperson" means any person practicing as a
16   minister of the gospel, clergy, pastor, priest, bishop, cardinal, rabbi, Christian Science


     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 1224                                         2

17 practitioner, or other person serving in a similar capacity for any religious organization
18 as defined in section 352.400.
19        4. The offense of sexual exploitation by a clergyperson is a class C felony.
                                               ✔

Statutes affected: 
Introduced (2734H.01): 566.088