Bill Text: MO HB1545 | 2014 | Regular Session | Introduced
Bill Title: Creates the offense of unlawful Internet communication with a minor
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-02-17 - Public Hearing Completed (H) [HB1545 Detail]
Download: Missouri-2014-HB1545-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HAEFNER (Sponsor), FRANKLIN, CONWAY (104), MONTECILLO, LICHTENEGGER AND LANT (Co-sponsors).
5237H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 566, RSMo, by adding thereto one new section relating to the offense of unlawful internet communication with a minor, with penalty provisions.
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 known as section 566.157, to read as follows:
566.157. 1. For purposes of this section, the following terms mean:
(1) "Instant messaging or chat room program", a program that allows a form of real time text communication between two or more people via computers connected over a network such as the internet, or between cell phone or wireless communication device users, or over a cell phone or wireless communication device network;
(2) "Social networking website", a website that allows users to create web pages or profiles about themselves that are available to the general public, or to any other users, and offers a mechanism for communication among users. Social networking website shall not include any of the following:
(a) A website that provides only one of the following services: photo-sharing, electronic mail, or instant messaging;
(b) A website, the primary purpose of which is the facilitation of commercial transactions involving goods or services between its members or visitors;
(c) A website, the primary purpose of which is the dissemination of news; or
(d) A website of a governmental entity.
2. A person commits the offense of unlawful internet communication with a minor if:
(1) Such person has been found guilty of:
(a) Any of the provisions of this chapter;
(b) Incest under section 568.020;
(c) Endangering the welfare of a child in the first degree under section 568.045;
(d) Use of a child in a sexual performance under section 568.080;
(e) Promoting a sexual performance by a child under section 568.090;
(f) Sexual exploitation of a minor under section 573.023;
(g) Promoting child pornography in the first degree under section 573.025;
(h) Promoting child pornography in the second degree under section 573.035;
(i) Possession of child pornography under section 573.037; or
(j) Furnishing pornographic material to minors under section 573.040; and
(2) Such person knowingly violates a condition of probation, parole, or supervised release that prohibits such person from using a social networking website or an instant messaging or chat room program to communicate, directly or through an intermediary, with a child less than sixteen years of age.
3. Unlawful internet communication with a minor is a class A misdemeanor unless the person has previously been found guilty of an offense under this section, in which case it is a class D felony.
4. It is a defense to prosecution under this section that the person reasonably believed that the child was at least sixteen years of age.
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