Missouri House Bill HB804

Missouri 2023 Regular Session

• Introduced: 1/17/23
• Refer: 5/12/23

Caption

Establishes the offense of sexual contact with a child or incapacitated person

Impact

The enactment of HB 804 will amend Chapter 566 of the Revised Statutes of Missouri by adding a new section that specifically addresses sexual contact in foster care situations. By making it a felony to engage in sexual contact under these circumstances, the bill aims to deter potential offenders and close legal loopholes where consent by the child or incapacitated person is not considered a defense. Thus, this change will strengthen legal repercussions for violations and contribute to a more robust framework for the protection of vulnerable individuals.

Summary

House Bill 804 establishes the offense of sexual contact with a child or incapacitated person specifically when the offender is a foster parent or legal guardian. This legislation seeks to enhance protections for vulnerable populations by criminalizing such conduct, reflecting society's commitment to safeguarding children and individuals who cannot protect themselves. The bill categorizes this offense as a Class E felony, indicating the seriousness with which the legislature views such actions.

Sentiment

The sentiment surrounding HB 804 appears to be largely supportive, as it aligns with broader societal values that prioritize the safety and welfare of children and incapacitated persons. Legislators and advocates who support the bill argue that it is necessary to hold accountable those in trusted positions, such as foster parents and guardians, for harmful behavior. However, it is crucial to recognize that some concerns may be raised regarding the definitions used in the bill and ensuring clarity in enforcement.

Contention

One potential point of contention includes the precise definition of 'incapacitated person' within the bill, as it raises questions about how to determine an individual's capacity and the implications for enforcement. Additionally, while the bill promotes clear protections, debates may arise regarding whether the penalties are sufficient or excessive, particularly in sensitive cases involving families. The balance between protecting vulnerable individuals and ensuring fair prosecution will be a critical aspect of discussions around the implementation of this legislation.