HOUSE BILL NO. 1464 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LEWIS.
3110H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 43.656, 67.2540, 168.071, 210.1080, 210.1505, 324.012, 329.050, 339.100, 491.075, 492.304, 537.046, 542.301, 566.010, 566.147, 566.148, 566.149, 566.150, 566.151, 566.155, 566.210, 566.211, 566.218, 567.030, 573.010, 573.023, 573.025, 573.035, 573.037, 573.038, 573.050, 573.052, 573.215, 589.042, 589.400, 589.414, 650.120, and 660.520, RSMo, and to enact in lieu thereof thirty-eight new sections relating to the protection of children and vulnerable persons, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 43.656, 67.2540, 168.071, 210.1080, 210.1505, 324.012, 2 329.050, 339.100, 491.075, 492.304, 537.046, 542.301, 566.010, 566.147, 566.148, 566.149, 3 566.150, 566.151, 566.155, 566.210, 566.211, 566.218, 567.030, 573.010, 573.023, 573.025, 4 573.035, 573.037, 573.038, 573.050, 573.052, 573.215, 589.042, 589.400, 589.414, 650.120, 5 and 660.520, RSMo, are repealed and thirty-eight new sections enacted in lieu thereof, to be 6 known as sections 43.656, 67.2540, 168.071, 210.1080, 210.1505, 324.012, 329.050, 7 339.100, 491.075, 492.304, 537.046, 542.301, 566.010, 566.147, 566.148, 566.149, 566.150, 8 566.151, 566.155, 566.201, 566.210, 566.211, 566.218, 567.030, 573.010, 573.023, 573.025, 9 573.035, 573.037, 573.038, 573.050, 573.052, 573.215, 589.042, 589.400, 589.414, 650.120, 10 and 660.520, to read as follows: 43.656. It is hereby found and declared that: 2 (1) With the widespread use of computers, the internet and electronic devices to 3 commit crimes and the critical lack of resources at state and local levels;
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 1464 2
4 (2) Modern day criminals have learned to exploit the internet and electronic 5 communication to leverage computer technology to reach a virtually unlimited number of 6 victims while maintaining a maximum level of anonymity[,]. Computer crimes will continue 7 to mount, especially in, but not limited to, the areas of child [pornography] sexual abuse 8 material and sexual offenses involving children, consumer fraud and harassment; 9 (3) It is necessary for the protection of the citizens of this state that provisions be 10 made for the establishment of the Missouri regional computer forensics lab to prevent and 11 reduce computer, internet and other electronically based crimes. 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 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 is 17 conducted, permitted, continued, or exists, or any place, in or upon which lewd, indecent, 18 lascivious, or obscene films, or films designed to be projected for exhibition, are 19 photographed, manufactured, developed, screened, exhibited, or otherwise prepared or 20 shown, and the personal property and contents used in conducting and maintaining any such 21 place for any such purpose. The provisions of this section shall not affect any newspaper, 22 magazine, or other publication entered as second class matter by the post office department; 23 (5) "Person", an individual, proprietorship, partnership, corporation, association, or 24 other legal entity; 25 (6) "Seminude" or in a "seminude condition", a state of dress in which opaque 26 clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and 27 areola of the female breast below a horizontal line across the top of the areola at its highest 28 point. Seminudity shall include the entire lower portion of the female breast, but shall not HB 1464 3
29 include any portion of the cleavage of the human female breast exhibited by wearing apparel 30 provided the areola is not exposed in whole or part; 31 (7) "Sexually oriented business", an adult cabaret or any business which offers its 32 patrons goods of which a substantial or significant portion are sexually oriented material. It 33 shall be presumed that a business that derives thirty percent or less of its revenue from 34 sexually oriented materials is presumed not to be a sexually oriented business. No building, 35 premises, structure, or other facility that contains any sexually oriented business shall contain 36 any other kind of sexually oriented business; 37 (8) "Sexually oriented materials", any pictorial or three-dimensional material, or film, 38 motion picture, DVD, video cassette, or similar photographic reproduction, that depicts 39 nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as defined in section 40 573.010; 41 (9) "Specified criminal activity" includes the following offenses: 42 (a) Prostitution or promotion of prostitution; dissemination of obscenity; sale, 43 distribution, or display of harmful material to a minor; sexual performance by a child; 44 possession or distribution of child pornography as it existed prior to August 28, 2025; 45 possession or distribution of child sexual abuse material; public lewdness; indecent 46 exposure; indecency with a child; engaging in organized criminal activity; sexual assault; 47 molestation of a child; gambling prohibited under Missouri law; or distribution of a controlled 48 substance; or any similar offenses described in this subdivision under the criminal or penal 49 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; HB 1464 4
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. 168.071. 1. The state board of education may refuse to issue or renew a certificate, or 2 may, upon hearing, discipline the holder of a certificate of license to teach for the following 3 causes: 4 (1) A certificate holder or applicant for a certificate has pleaded to or been found 5 guilty of a felony or crime involving moral turpitude under the laws of this state, any other 6 state, of the United States, or any other country, whether or not sentence is imposed; 7 (2) The certification was obtained through use of fraud, deception, misrepresentation 8 or bribery; 9 (3) There is evidence of incompetence, immorality, or neglect of duty by the 10 certificate holder; 11 (4) A certificate holder has been subject to disciplinary action relating to certification 12 issued by another state, territory, federal agency, or country upon grounds for which discipline 13 is authorized in this section; or 14 (5) If charges are filed by the local board of education, based upon the annulling of a 15 written contract with the local board of education, for reasons other than election to the 16 general assembly, without the consent of the majority of the members of the board that is a 17 party to the contract. 18 2. A public school district may file charges seeking the discipline of a holder of a 19 certificate of license to teach based upon any cause or combination of causes outlined in 20 subsection 1 of this section, including annulment of a written contract. Charges shall be in 21 writing, specify the basis for the charges, and be signed by the chief administrative officer of 22 the district, or by the president of the board of education as authorized by a majority of the 23 board of education. The board of education may also petition the office of the attorney 24 general to file charges on behalf of the school district for any cause other than annulment of 25 contract, with acceptance of the petition at the discretion of the attorney general. 26 3. The department of elementary and secondary education may file charges seeking 27 the discipline of a holder of a certificate of license to teach based upon any cause or 28 combination of causes outlined in subsection 1 of this section, other than annulment of 29 contract. Charges shall be in writing, specify the basis for the charges, and be signed by legal 30 counsel representing the department of elementary and secondary education. 31 4. If the underlying conduct or actions which are the basis for charges filed pursuant 32 to this section are also the subject of a pending criminal charge against the person holding 33 such certificate, the certificate holder may request, in writing, a delayed hearing on advice of HB 1464 5
34 counsel under the fifth amendment of the Constitution of the United States. Based upon such 35 a request, no hearing shall be held until after a trial has been completed on this criminal 36 charge. 37 5. The certificate holder shall be given not less than thirty days' notice of any hearing 38 held pursuant to this section. 39 6. Other provisions of this section notwithstanding, the certificate of license to teach 40 shall be revoked or, in the case of an applicant, a certificate shall not be issued, if the 41 certificate holder or applicant has been found guilty of any of the following offenses 42 established pursuant to Missouri law or offenses of a similar nature established under the laws 43 of Missouri prior to January 1, 2017, any other state or of the United States, or any other 44 country, whether or not the sentence is imposed: 45 (1) Any dangerous felony as defined in section 556.061, or murder in the first degree 46 under section 565.020; 47 (2) Any of the following sexual offenses: rape in the first degree under section 48 566.030; forcible rape; rape; statutory rape in the first degree under section 566.032; statutory 49 rape in the second degree under section 566.034; rape in the second degree under section 50 566.031; sexual assault under section 566.040 as it existed prior to August 28, 2013; sodomy 51 in the first degree under section 566.060; forcible sodomy under section 566.060 as it existed 52 prior to August 28, 2013; sodomy as it existed prior to January 1, 1995; statutory sodomy in 53 the first degree under section 566.062; statutory sodomy in the second degree under section 54 566.064; child molestation in the first degree; child molestation in the second degree; child 55 molestation in the third degree under section 566.069; child molestation in the fourth degree 56 under section 566.071; sodomy in the second degree under section 566.061; deviate sexual 57 assault under section 566.070 as it existed prior to August 28, 2013; sexual misconduct 58 involving a child under section 566.083; sexual contact with a student under section 566.086; 59 sexual misconduct in the first degree under section 566.093; sexual misconduct in the first 60 degree under section 566.090 as it existed prior to August 28, 2013; sexual misconduct in the 61 second degree under section 566.095; sexual misconduct in the second degree under section 62 566.093 as it existed prior to August 28, 2013; sexual misconduct in the third degree under 63 section 566.095 as it existed prior to August 28, 2013; sexual abuse in the first degree under 64 section 566.100; sexual abuse under section 566.100 as it existed prior to August 28, 2013; 65 sexual abuse in the second degree under section 566.101; enticement of a child under section 66 566.151; or attempting to entice a child; 67 (3) Any of the following offenses against the family and related offenses: incest 68 under section 568.020; abandonment of child in the first degree under section 568.030; 69 abandonment of child in the second degree under section 568.032; endangering the welfare of 70 a child in the first degree under section 568.045; abuse of a child under section 568.060; child HB 1464 6
71 used in a sexual performance; promoting sexual performance by a child; or trafficking in 72 children under section 568.175; and 73 (4) Any of the following offenses involving child pornography as it existed prior to 74 August 28, 2025, or child sexual abuse material and related offenses: promoting obscenity 75 in the first degree under section 573.020; promoting pornography for minors or obscenity in 76 the second degree when the penalty is enhanced to a class E felony under section 573.030; 77 promoting child pornography in the first degree under section 573.025 as it existed prior to 78 August 28, 2025; promoting child sexual abuse material in the first degree under section 79 573.025; promoting child pornography in the second degree under section 573.035 as it 80 existed prior to August 28, 2025; promoting child sexual abuse material in the second 81 degree under section 573.035; possession of child pornography under section 573.037 as it 82 existed prior to August 28, 2025; possession of child sexual abuse material under section 83 573.037; furnishing pornographic materials to minors under section 573.040; or coercing 84 acceptance of obscene material under section 573.065. 85 7. When a certificate holder is found guilty of any offense that would authorize the 86 state board of education to seek discipline against that holder's certificate of license to teach, 87 the local board of education or the department of elementary and secondary education shall 88 immediately provide written notice to the state board of education and the attorney general 89 regarding the finding of guilt. 90 8. The certificate holder whose certificate was revoked pursuant to subsection 6 of 91 this section may appeal such revocation to the state board of education. Notice of this appeal 92 must be received by the commissioner of education within ninety days of notice of revocation 93 pursuant to this subsection. Failure of the certificate holder to notify the commissioner of the 94 intent to appeal waives all rights to appeal the revocation. Upon notice of the certificate 95 holder's intent to appeal, an appeal hearing shall be held by a hearing officer designated by the 96 commissioner of education, with the final decision made by the state board of education, 97 based upon the record of that hearing. The certificate holder shall be given not less than thirty 98 days' notice of the hearing, and an opportunity to be heard by the hearing officer, together 99 with witnesses. 100 9. In the case of any certificate holder who has surrendered or failed to renew his or 101 her certificate of license to teach, the state board of education may refuse to issue or renew, or 102 may suspend or revoke, such certificate for any of the reasons contained in this section. 103 10. In those cases where the charges filed pursuant to this section are based upon an 104 allegation of misconduct involving a minor child, the hearing officer may accept into the 105 record the sworn testimony of the minor child relating to the misconduct received in any court 106 or administrative hearing. HB 1464 7
107 11. Hearings, appeals or other matters involving certificate holders, licensees or 108 applicants pursuant to this section may be informally resolved by consent agreement or 109 agreed settlement or voluntary surrender of the certificate of license pursuant to the rules 110 promulgated by the state board of education. 111 12. The final decision of the state board of education is subject to judicial review 112 pursuant to sections 536.100 to 536.140. 113 13. A certificate of license to teach to an individual who has been convicted of a 114 felony or crime involving moral turpitude, whether or not sentence is imposed, shall be issued 115 only upon motion of the state board of education adopted by a unanimous affirmative vote of 116 those members present and voting. 210.1080. 1. As used in this section, the following terms mean: 2 (1) "Child care provider", a person licensed, regulated, or registered to provide child 3 care within the state of Missouri, including the member or members, manager or managers, 4 shareholder or shareholders, director or directors, and officer or officers of any entity 5 licensed, regulated, or registered to provide child care within the state of Missouri; 6 (2) "Child care staff member", a child care provider; persons employed by the child 7 care provider for compensation, including contract employees