566.147. Certain offenders not to reside within one thousand feet of a school or child-care facility. - Missouri Statutes

Certain offenders not to reside within one thousand feet of a schoolor child-care facility.

566.147. 1. Any person who, since July 1, 1979, has been orhereafter has pleaded guilty or nolo contendere to, or been convicted of,or been found guilty of:

(1) Violating any of the provisions of this chapter or the provisionsof subsection 2 of section 568.020, RSMo, incest; section 568.045, RSMo,endangering the welfare of a child in the first degree; subsection 2 ofsection 568.080, RSMo, use of a child in a sexual performance; section568.090, RSMo, promoting a sexual performance by a child; section 573.023,RSMo, sexual exploitation of a minor; section 573.025, RSMo, promotingchild pornography in the first degree; section 573.035, RSMo, promotingchild pornography in the second degree; section 573.037, RSMo, possessionof child pornography, or section 573.040, RSMo, furnishing pornographicmaterial to minors; or

(2) Any offense in any other state or foreign country, or underfederal, tribal, or military jurisdiction which, if committed in thisstate, would be a violation listed in this section;

shall not reside within one thousand feet of any public school as definedin section 160.011, RSMo, or any private school giving instruction in agrade or grades not higher than the twelfth grade, or child-care facilityas defined in section 210.201, RSMo, which is in existence at the time theindividual begins to reside at the location.

2. If such person has already established a residence and a publicschool, a private school, or child-care facility is subsequently built orplaced within one thousand feet of such person's residence, then suchperson shall, within one week of the opening of such public school, privateschool, or child-care facility, notify the county sheriff where such publicschool, private school, or child-care facility is located that he or she isnow residing within one thousand feet of such public school, privateschool, or child-care facility and shall provide verifiable proof to thesheriff that he or she resided there prior to the opening of such publicschool, private school, or child-care facility.

3. For purposes of this section, "resides" means sleeps in aresidence, which may include more than one location and may be mobile ortransitory.

4. Violation of the provisions of subsection 1 of this section is aclass D felony except that the second or any subsequent violation is aclass B felony. Violation of the provisions of subsection 2 of thissection is a class A misdemeanor except that the second or subsequentviolation is a class D felony.

(L. 2004 H.B. 1055, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al., A.L. 2009 H.B. 62)

(2005) Iowa statute prohibiting persons who had committed criminal sex offenses against minors from residing within two thousand feet of school or child care facilities does not violate various federal constitutional provisions. Doe v. Miller, 405 F.3d 700 (8th Cir.).

(2008) Section imposing residency restrictions on sex offenders whose conduct predated effective date of section is unconstitutional as retrospective law. R. L. v. State of Missouri Department of Corrections, 245 S.W.3d 236 (Mo.banc).