566.103. Crime of promoting on-line sexual solicitation, violation, penalty. - Missouri Statutes

Crime of promoting on-line sexual solicitation, violation, penalty.

566.103. 1. A person or entity commits the offense of promotingon-line sexual solicitation if such person or entity knowingly permits aweb-based classified service owned or operated by such person or entity tobe used by individuals to post advertisements promoting prostitution,enticing a child to engage in sexual conduct, or promoting sexualtrafficking of a child after receiving notice under this section.

2. As used in this section, the term "web-based classified service"means a person or entity in whose name a specific URL or Internet domainname is registered which has advertisements for goods and services orpersonal advertisements.

3. An advertisement may be deemed to promote prostitution, entice achild to engage in sexual conduct, or promote sexual trafficking of achild, if the content of such advertisement would be interpreted by areasonable person as offering to exchange sexual conduct for goods orservices in violation of chapter 567, RSMo, as seeking a child for thepurpose of sexual conduct or commercial sex act, or as offering a child asa participant in sexual conduct or commercial sex act in violation ofsection 566.151, 566.212, or 566.213.

4. It shall be prima facie evidence that a person or entity actsknowingly if an advertisement is not removed from the web-based classifiedservice within seventy-two hours of that person or entity being notifiedthat an advertisement has been posted on that service which is prohibitedunder this section.

5. Notice under this section may be provided by certified mail orfacsimile transmission by the attorney general or any prosecuting attorneyor circuit attorney.

6. A violation of this section shall be a felony, punishable by afine in the amount of five thousand dollars per day that the advertisementremains posted on the web-based classified service after seventy-two hoursof when notice has been provided pursuant to this section.

7. Original jurisdiction for prosecution of a violation of thissection shall be with the local prosecuting attorney or circuit attorney.

(L. 2009 H.B. 62)

*Words "or sections" appear in original rolls.