589.425. Failure to register, penalty--subsequent violations, penalty. - Missouri Statutes

Failure to register, penalty--subsequent violations, penalty.

589.425. 1. A person commits the crime of failing to register as asex offender when the person is required to register under sections 589.400to 589.425 and fails to comply with any requirement of sections 589.400 to589.425. Failing to register as a sex offender is a class D felony unlessthe person is required to register based on having committed an offense inchapter 566, RSMo, which was an unclassified felony, a class A or B felony,or a felony involving a child under the age of fourteen, in which case itis a class C felony.

2. A person commits the crime of failing to register as a sexoffender as a second offense by failing to comply with any requirement ofsections 589.400 to 589.425 and he or she has previously pled guilty to orhas previously been found guilty of failing to register as a sex offender.Failing to register as a sex offender as a second offense is a class Dfelony unless the person is required to register based on having committedan offense in chapter 566, RSMo, or an offense in any other state orforeign country, or under federal, tribal, or military jurisdiction, whichif committed in this state would be an offense under chapter 566, RSMo,which was an unclassified felony, a class A or B felony, or a felonyinvolving a child under the age of fourteen, in which case it is a class Cfelony.

3. (1) A person commits the crime of failing to register as a sexoffender as a third offense by failing to meet the requirements of sections589.400 to 589.425 and he or she has, on two or more occasions, previouslypled guilty to or has previously been found guilty of failing to registeras a sex offender. Failing to register as a sex offender as a thirdoffense is a felony which shall be punished by a term of imprisonment ofnot less than ten years and not more than thirty years.

(2) No court may suspend the imposition or execution of sentence of aperson who pleads guilty to or is found guilty of failing to register as asex offender as a third offense. No court may sentence such person to paya fine in lieu of a term of imprisonment.

(3) A person sentenced under this subsection shall not be eligiblefor conditional release or parole until he or she has served at least twoyears of imprisonment.

(4) Upon release, an offender who has committed failing to registeras a sex offender as a third offense shall be electronically monitored as amandatory condition of supervision. Electronic monitoring may be based ona global positioning system or any other technology which identifies andrecords the offender's location at all times.

(L. 1997 H.B. 883, A.L. 1998 H.B. 1405, et al., A.L. 2000 S.B. 757 & 602, A.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)