632.480. Definitions. - Missouri Statutes

Definitions.

632.480. As used in sections 632.480 to 632.513, the following termsmean:

(1) "Agency with jurisdiction", the department of corrections or thedepartment of mental health;

(2) "Mental abnormality", a congenital or acquired conditionaffecting the emotional or volitional capacity which predisposes the personto commit sexually violent offenses in a degree constituting such person amenace to the health and safety of others;

(3) "Predatory", acts directed towards individuals, including familymembers, for the primary purpose of victimization;

(4) "Sexually violent offense", the felonies of forcible rape, rape,statutory rape in the first degree, forcible sodomy, sodomy, statutorysodomy in the first degree, or an attempt to commit any of the precedingcrimes, or child molestation in the first or second degree, sexual abuse,sexual assault, deviate sexual assault, or the act of abuse of a child asdefined in subdivision (1) of subsection 1 of section 568.060, RSMo, whichinvolves sexual contact, and as defined in subdivision (2) of subsection 1of section 568.060, RSMo;

(5) "Sexually violent predator", any person who suffers from a mentalabnormality which makes the person more likely than not to engage inpredatory acts of sexual violence if not confined in a secure facility andwho:

(a) Has pled guilty or been found guilty, or been found not guilty byreason of mental disease or defect pursuant to section 552.030, RSMo, of asexually violent offense; or

(b) Has been committed as a criminal sexual psychopath pursuant tosection 632.475 and statutes in effect before August 13, 1980.

(L. 1998 H.B. 1405, et al. § 1, A.L. 2001 S.B. 267)

(2004) Alcohol dependence may be considered as mental abnormality under section requiring commitment of offender as sexually violent predator. In re Care and Treatment of Burgess, 147 S.W.3d 822 (Mo.App.S.D.).