HOUSE BILL NO. 1357 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE FUCHS.
2188H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 67.2540, 67.2552, 99.103, 188.028, 191.656, 191.668, 210.110, 210.118, 210.145, 210.156, 226.531, 513.605, 545.940, 566.103, 566.223, 567.010, 567.020, 567.030, 567.050, 567.060, 567.070, 567.080, 567.085, 567.087, 567.089, 567.090, 567.100, 567.110, 567.120, 573.503, 573.525, 573.531, 577.675, 578.421, 589.400, 589.414, 595.120, and 610.131, RSMo, and to enact in lieu thereof twenty-seven new sections relating to sexual conduct offenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 67.2540, 67.2552, 99.103, 188.028, 191.656, 191.668, 210.110, 2 210.118, 210.145, 210.156, 226.531, 513.605, 545.940, 566.103, 566.223, 567.010, 567.020, 3 567.030, 567.050, 567.060, 567.070, 567.080, 567.085, 567.087, 567.089, 567.090, 567.100, 4 567.110, 567.120, 573.503, 573.525, 573.531, 577.675, 578.421, 589.400, 589.414, 595.120, 5 and 610.131, RSMo, are repealed and twenty-seven new sections enacted in lieu thereof, to be 6 known as sections 67.2540, 67.2552, 99.103, 188.028, 191.656, 191.668, 210.110, 210.118, 7 210.145, 210.156, 226.531, 513.605, 545.940, 566.103, 566.223, 567.010, 567.016, 567.080, 8 573.503, 573.525, 573.531, 577.675, 578.421, 589.400, 589.414, 595.120, and 610.131, to 9 read as follows: 67.2540. As used in sections 67.2540 to 67.2556, the following terms mean: 2 (1) "Adult cabaret", a nightclub, bar, restaurant, or similar establishment in which 3 persons regularly appear in a state of nudity, as defined in section 573.500, or seminudity in 4 the performance of their duties; 5 (2) "Employee", a person who is at least twenty-one years of age and who performs 6 any service on the premises of a sexually oriented business on a full-time, part-time, or
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 1357 2
7 contract basis, whether or not the person is denominated an employee, independent 8 contractor, agent, or otherwise, and whether or not said person is paid a salary, wage, or other 9 compensation by the operator of said business. The term employee does not include a person 10 exclusively on the premises for repair or maintenance of the premises or equipment on the 11 premises, or for the delivery of goods to the premises; 12 (3) "Nudity" or a "state of nudity", the showing of the human male or female genitals, 13 pubic area, vulva, anus, anal cleft or anal cleavage with less than a fully opaque covering, the 14 showing of the female breast with less than a fully opaque covering of any part of the nipple, 15 or the showing of the covered male genitals in a discernibly turgid state; 16 (4) "Nuisance", any place in or upon which lewdness, assignation, or [prostitution] 17 commercial sexual exploitation is conducted, permitted, continued, or exists, or any place, 18 in or upon which lewd, indecent, lascivious, or obscene films, or films designed to be 19 projected for exhibition, are photographed, manufactured, developed, screened, exhibited, or 20 otherwise prepared or shown, and the personal property and contents used in conducting and 21 maintaining any such place for any such purpose. The provisions of this section shall not 22 affect any newspaper, magazine, or other publication entered as second class matter by the 23 post office department; 24 (5) "Person", an individual, proprietorship, partnership, corporation, association, or 25 other legal entity; 26 (6) "Seminude" or in a "seminude condition", a state of dress in which opaque 27 clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and 28 areola of the female breast below a horizontal line across the top of the areola at its highest 29 point. Seminudity shall include the entire lower portion of the female breast, but shall not 30 include any portion of the cleavage of the human female breast exhibited by wearing apparel 31 provided the areola is not exposed in whole or part; 32 (7) "Sexually oriented business", an adult cabaret or any business which offers its 33 patrons goods of which a substantial or significant portion are sexually oriented material. It 34 shall be presumed that a business that derives thirty percent or less of its revenue from 35 sexually oriented materials is presumed not to be a sexually oriented business. No building, 36 premises, structure, or other facility that contains any sexually oriented business shall contain 37 any other kind of sexually oriented business; 38 (8) "Sexually oriented materials", any pictorial or three-dimensional material, or film, 39 motion picture, DVD, video cassette, or similar photographic reproduction, that depicts 40 nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as defined in section 41 573.010; 42 (9) "Specified criminal activity" includes the following offenses: HB 1357 3
43 (a) Prostitution or promotion of prostitution as it existed prior to August 28, 2025; 44 commercial sexual exploitation; dissemination of obscenity; sale, distribution, or display of 45 harmful material to a minor; sexual performance by a child; possession or distribution of child 46 pornography; public lewdness; indecent exposure; indecency with a child; engaging in 47 organized criminal activity; sexual assault; molestation of a child; gambling prohibited under 48 Missouri law; or distribution of a controlled substance; or any similar offenses described in 49 this subdivision under the criminal or penal code of other states or countries; 50 (b) For which: 51 a. Less than two years have elapsed since the date of conviction or the date of release 52 from confinement imposed for the conviction, whichever is the later date, if the conviction is 53 of a misdemeanor offense; 54 b. Less than five years have elapsed since the date of conviction or the date of release 55 from confinement for the conviction, whichever is the later date, if the conviction is of a 56 felony offense; or 57 c. Less than five years have elapsed since the date of the last conviction or the date of 58 release from confinement for the last conviction, whichever is the later date, if the convictions 59 are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring 60 within any twenty-four-month period; 61 (c) The fact that a conviction is being appealed shall not prevent a sexually oriented 62 business from being considered a nuisance and closed under section 67.2546; 63 (10) "Specified sexual activities" includes the following acts: 64 (a) The fondling or other erotic touching of human genitals, pubic region, buttocks, 65 anus, or female breasts; 66 (b) Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, 67 or sodomy; or 68 (c) Excretory functions as part of or in connection with any of the activities set forth 69 in this subdivision. 67.2552. 1. It shall be a class A misdemeanor for a person, in a sexually oriented 2 business, to knowingly and intentionally appear in a state of nudity or depict, simulate, or 3 perform specified sexual activities. 4 2. It shall be a class A misdemeanor for a person to appear knowingly or intentionally 5 in a sexually oriented business in a seminude condition unless the person is an employee who, 6 while seminude, shall be at least ten feet from any patron or customer and on a stage at least 7 two feet from the floor and behind a railing no less than twenty-four inches in height. 8 3. It shall be a class A misdemeanor for an employee, while seminude, to touch a 9 customer or the clothing of a customer. HB 1357 4
10 4. It shall be a class A misdemeanor if a person knowingly allows on the premises of 11 a sexually oriented business a person under the age of twenty-one years, except for a person 12 exclusively on the premises for repair or maintenance of the premises or equipment on the 13 premises, or for the delivery of goods to the premises. 14 5. The provisions of sections 67.2540 to 67.2552 are designed to protect the 15 following public policy interest of this state, including but not limited to: to mitigate the 16 adverse secondary effects of sexually oriented businesses, to limit harm to minors, and to 17 reduce [prostitution] commercial sexual exploitation, crime, juvenile delinquency, 18 deterioration in property values and lethargy in neighborhood improvement efforts. 99.103. 1. In addition to the duties imposed by section 99.100, no housing authority 2 in any city with a population of four hundred thousand or more inhabitants, and whose 3 jurisdiction covers more than one county, shall rent or lease accommodations to any person 4 who, within the preceding five years, has been convicted of [a crime] an offense involving 5 prostitution as it existed prior to August 28, 2025, commercial sexual exploitation, or the 6 possession or sale of controlled substances listed in schedule I and II of section 195.017, or 7 whose dwelling unit is known to have been the site of [crimes] offenses involving prostitution 8 as it existed prior to August 28, 2025, commercial sexual exploitation, or the possession or 9 sale of controlled substances listed in schedule I and II of section 195.017. 10 2. If a family which is living in accommodations rented or leased by the housing 11 authority becomes ineligible for such accommodations because a member of that family was 12 convicted of a crime listed in subsection 1 of this section, the remaining members of such 13 family may reapply to the board of commissioners of the housing authority for 14 accommodations. 188.028. 1. Except in the case of a medical emergency, no person shall knowingly 2 perform or induce an abortion upon a pregnant woman under the age of eighteen years unless: 3 (1) The attending physician has secured the informed written consent of the minor 4 and one parent or guardian, and the consenting parent or guardian of the minor has notified 5 any other custodial parent in writing prior to the securing of the informed written consent of 6 the minor and one parent or guardian. For purposes of this subdivision, "custodial parent" 7 shall only mean a parent of a minor who has been awarded joint legal custody or joint 8 physical custody of such minor by a court of competent jurisdiction. Notice shall not be 9 required for any parent: 10 (a) Who has been found guilty of any offense in violation of chapter 565, relating to 11 offenses against the person; chapter 566, relating to sexual offenses; chapter 567, relating to 12 prostitution as it existed prior to August 28, 2025, or commercial sexual exploitation; 13 chapter 568, relating to offenses against the family; or chapter 573, related to pornography 14 and related offenses, if a child was a victim; HB 1357 5
15 (b) Who has been found guilty of any offense in any other state or foreign country, or 16 under federal, tribal, or military jurisdiction if a child was a victim, which would be a 17 violation of chapters 565, 566, 567, 568, or 573 if committed in this state; 18 (c) Who is listed on the sexual offender registry under sections 589.400 to 589.425; 19 (d) Against whom an order of protection has been issued, including a foreign order of 20 protection given full faith and credit in this state under section 455.067; 21 (e) Whose custodial, parental, or guardianship rights have been terminated by a court 22 of competent jurisdiction; or 23 (f) Whose whereabouts are unknown after reasonable inquiry, who is a fugitive from 24 justice, who is habitually in an intoxicated or drugged condition, or who has been declared 25 mentally incompetent or incapacitated by a court of competent jurisdiction; 26 (2) The minor is emancipated and the attending physician has received the informed 27 written consent of the minor; 28 (3) The minor has been granted the right to self-consent to the abortion by court order 29 pursuant to subsection 2 of this section, and the attending physician has received the informed 30 written consent of the minor; or 31 (4) The minor has been granted consent to the abortion by court order, and the court 32 has given its informed written consent in accordance with subsection 2 of this section, and the 33 minor is having the abortion willingly, in compliance with subsection 3 of this section. 34 2. The right of a minor to self-consent to an abortion under subdivision (3) of 35 subsection 1 of this section or court consent under subdivision (4) of subsection 1 of this 36 section may be granted by a court pursuant to the following procedures: 37 (1) The minor or next friend shall make an application to the juvenile court which 38 shall assist the minor or next friend in preparing the petition and notices required pursuant to 39 this section. The minor or the next friend of the minor shall thereafter file a petition setting 40 forth the initials of the minor; the age of the minor; the names and addresses of each parent, 41 guardian, or, if the minor's parents are deceased and no guardian has been appointed, any 42 other person standing in loco parentis of the minor; that the minor has been fully informed of 43 the risks and consequences of the abortion; that the minor is of sound mind and has sufficient 44 intellectual capacity to consent to the abortion; that, if the court does not grant the minor 45 majority rights for the purpose of consent to the abortion, the court should find that the 46 abortion is in the best interest of the minor and give judicial consent to the abortion; that the 47 court should appoint a guardian ad litem of the child; and if the minor does not have private 48 counsel, that the court should appoint counsel. The petition shall be signed by the minor or 49 the next friend; 50 (2) A hearing on the merits of the petition, to be held on the record, shall be held as 51 soon as possible within five days of the filing of the petition. If any party is unable to afford HB 1357 6
52 counsel, the court shall appoint counsel at least twenty-four hours before the time of the 53 hearing. At the hearing, the court shall hear evidence relating to the emotional development, 54 maturity, intellect and understanding of the minor; the nature, possible consequences, and 55 alternatives to the abortion; and any other evidence that the court may find useful in 56 determining whether the minor should be granted majority rights for the purpose of 57 consenting to the abortion or whether the abortion is in the best interests of the minor; 58 (3) In the decree, the court shall for good cause: 59 (a) Grant the petition for majority rights for the purpose of consenting to the abortion; 60 (b) Find the abortion to be in the best interests of the minor and give judicial consent 61 to the abortion, setting forth the grounds for so finding; or 62 (c) Deny the petition, setting forth the grounds on which the petition is denied; 63 (4) If the petition is allowed, the informed consent of the minor, pursuant to a court 64 grant of majority rights, or the judicial consent, shall bar an action by the parents or guardian 65 of the minor on the grounds of battery of the minor by those performing or inducing the 66 abortion. The immunity granted shall only extend to the performance or induction of the 67 abortion in accordance herewith and any necessary accompanying services which are 68 performed in a competent manner. The costs of the action shall be borne by the parties; 69 (5) An appeal from an order issued under the provisions of this section may be taken 70 to the court of appeals of this state by the minor or by a parent or guardian of the minor. The 71 notice of intent to appeal shall be given within twenty-four hours from the date of issuance of 72 the order. The record on appeal shall be completed and the appeal shall be perfected within 73 five days from the filing of notice to appeal. Because time may be of the essence regarding 74 the performance or induction of the abortion, the supreme court of this state shall, by court 75 rule, provide for expedited appellate review of cases appealed under this section. 76 3. If a minor desires an abortion, then she shall be orally informed of and, if possible, 77 sign the written consent required under this chapter in the same manner as an adult person. 78 No abortion shall be performed or induced on any minor against her will, except that an 79 abortion may be performed or induced against the will of a minor pursuant to a court order 80 described in subdivision (4) of subsection 1 of this section that the abortion is necessary to 81 preserve the life of the minor. 191.656. 1. (1) All information known to, and records containing any information 2 held or maintained by, any person, or by any agency, department, or political subdivision of 3 the state concerning an individual's HIV infection status or the results of any individual's HIV 4 testing shall be strictly confidential and shall not be disclosed except to: 5 (a) Public employees within the agency, department, or political subdivision who 6 need to know to perform their public duties; HB 1357 7
7 (b) Public employees of other agencies, departments, or political subdivisions who 8 need to know to perform their public duties; 9 (c) Peace officers, as defined in section 590.100, the attorney general or any assistant 10 attorneys general acting on his or her behalf, as defined in chapter 27, and prosecuting 11 attorneys or circuit attorneys as defined in chapter 56 and pursuant to section 191.657; 12 (d) Prosecuting attorneys or circuit attorneys as defined in chapter 56 to prosecute 13 cases pursuant to section 191.677 or 567.020 as it existed prior to August 28, 2025. 14 Prosecuting attorneys or circuit attorneys may obtain from the department of health and 15 senior services the contact information and test results of individuals with whom the HIV- 16 infected individual has had sexual intercourse or deviate sexual intercourse. Any prosecuting 17 attorney or circuit attorney who receives information from the department of health and 18 senior services pursuant to the provisions of this section shall use such information only for 19 investigative and prosecutorial purposes and such information shall be considered strictly 2