THE OFFENSE OF GROOMING (SECTIONS 566.152, 589.400, and 589.414)

This act establishes Sophie's Law, which provides for the offense of grooming of a minor. A person commits the offense when he or she is 18 years or older and engages in a pattern of conduct, as such term is defined in the act, with at least one overtly sexual act directed towards a person who is less than eighteen years of age that to a reasonable person would infer the intent to prepare, condition, or manipulate such person for sexual conduct, sexual exploitation, or sexual trafficking. The offense shall not apply to certain persons detailed in the act.

The offense of grooming of a minor is a class B felony unless sexual conduct, sexual exploitation, or sexual trafficking occurs, in which case it shall be a class A felony. No person convicted of such offense shall be eligible for probation, parole, or conditional release until serving a minimum of five years. The sentencing court shall also order the defendant to pay restitution to the victim as provided in the act. Furthermore, a person convicted of the offense shall register as a tier I sex offender.

The Department of Public Safety shall issue guidance, training, and procedures on the offense of grooming.

OFFENSES INVOLVING SEXUAL MATERIAL (SECTION 573.010, 573.110, 573.112, 573.114, 589.400, 589.414 & 595.045)

This act establishes the offenses of nonconsensual dissemination of private sexual images and threatening the nonconsensual dissemination of private sexual images as "Evan's Voice Act" and modifies such offenses by removing the element that the victim be at least 18 years of age.

Current law provides that the offense of nonconsensual dissemination of private sexual images is a class D felony. This act provides that such offense shall be a class C felony when the image was of a minor or of a vulnerable person.

Currently, the offense of threatening the nonconsensual dissemination of private sexual images is a class E felony. This act provides that it shall be a class D felony, except it is a class C felony for second offenses and a class B felony for third and subsequent offenses. If the image was of a minor or vulnerable person or the offense is the proximate cause of serious physical injury or death, then the offense is a class A felony.

Restitution as provided in the act shall also be ordered by the sentencing court to victims of those found guilty of the offense of nonconsensual dissemination of private sexual images or of threatening the nonconsensual dissemination of private sexual images. Those found guilty of such offenses shall also register as a tier II sexual offender if the victim was less than 18 years of age or the coercion was sexual in nature. Under current law, upon a finding or plea of guilty, such offenders are required to pay $46 to the Crime Victims' Compensation Fund. This act provides that the offenders shall pay at least $500, but not more than $5,000 to the Crime Victims' Compensation Fund.

KATIE O'BRIEN