Missouri 2025 Regular Session

Missouri Senate Bill SB259 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 259
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR WASHINGTON.
88 0862S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 565.002 and 565.240, RSMo, and to enact in lieu thereof two new sections
1111 relating to offenses against employees of election authorities, with penalty provisions.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 565.002 and 565.240, RSMo, are 1
1515 repealed and two new sections enacted in lieu thereof, to b e 2
1616 known as sections 565.002 and 565.240, to read as follows:3
1717 565.002. As used in this chapter, unless a different 1
1818 meaning is otherwise plainly required the following terms 2
1919 mean: 3
2020 (1) "Adequate cause", cause that would reasonably 4
2121 produce a degree of passion in a person of ordinary 5
2222 temperament sufficient to substantially impair an ordinary 6
2323 person's capacity for self -control; 7
2424 (2) "Child", a person under seventeen years of age; 8
2525 (3) "Conduct", includes any act or omission; 9
2626 (4) "Course of conduct", a pattern of conduct composed 10
2727 of two or more acts, which may include communication by any 11
2828 means, over a period of time, however short, evidencing a 12
2929 continuity of purpose. Constitutionally protected activity 13
3030 is not included within the meaning of course of conduct. 14
3131 Such constitutionally protected activity includes picketing 15
3232 or other organized protests; 16
3333 (5) "Deliberation", cool reflection for any length of 17
3434 time no matter how brief; 18 SB 259 2
3535 (6) "Domestic victim", a household or family member as 19
3636 the term "family" or "household member" is defined in 20
3737 section 455.010, including any child who is a member of the 21
3838 household or family; 22
3939 (7) "Emotional distress", something markedly greater 23
4040 than the level of uneasiness, nervousnes s, unhappiness, or 24
4141 the like which are commonly experienced in day -to-day living; 25
4242 (8) "Full or partial nudity", the showing of all or 26
4343 any part of the human genitals, pubic area, buttock, or any 27
4444 part of the nipple of the breast of any female person, with 28
4545 less than a fully opaque covering; 29
4646 (9) "Legal custody", the right to the care, custody 30
4747 and control of a child; 31
4848 (10) "Parent", either a biological parent or a parent 32
4949 by adoption; 33
5050 (11) "Person having a right of custody", a parent o r 34
5151 legal guardian of the child; 35
5252 (12) "Photographs" or "films", the making of any 36
5353 photograph, motion picture film, videotape, or any other 37
5454 recording or transmission of the image of a person; 38
5555 (13) "Place where a person would have a reasonable 39
5656 expectation of privacy", any place where a reasonable person 40
5757 would believe that a person could disrobe in privacy, 41
5858 without being concerned that the person's undressing was 42
5959 being viewed, photographed or filmed by another; 43
6060 (14) "Special victim", any of the following: 44
6161 (a) A law enforcement officer assaulted in the 45
6262 performance of his or her official duties or as a direct 46
6363 result of such official duties; 47
6464 (b) Emergency personnel, any paid or volunteer 48
6565 firefighter, emergency room, hospital, or trauma center 49
6666 personnel, or emergency medical technician, assaulted in the 50 SB 259 3
6767 performance of his or her official duties or as a direct 51
6868 result of such official duties; 52
6969 (c) A probation and parole officer assaulted in the 53
7070 performance of his or her o fficial duties or as a direct 54
7171 result of such official duties; 55
7272 (d) An elderly person; 56
7373 (e) A person with a disability; 57
7474 (f) A vulnerable person; 58
7575 (g) Any jailer or corrections officer of the state or 59
7676 one of its political subdivisions assaulted in the 60
7777 performance of his or her official duties or as a direct 61
7878 result of such official duties; 62
7979 (h) A highway worker in a construction or work zone as 63
8080 the terms "highway worker", "construction zone", and "work 64
8181 zone" are defined under se ction 304.580; 65
8282 (i) Any utility worker, meaning any employee of a 66
8383 utility that provides gas, heat, electricity, water, steam, 67
8484 telecommunications services, or sewer services, whether 68
8585 privately, municipally, or cooperatively owned, while in the 69
8686 performance of his or her job duties, including any person 70
8787 employed under a contract; 71
8888 (j) Any cable worker, meaning any employee of a cable 72
8989 operator, as such term is defined in section 67.2677, 73
9090 including any person employed under contract, while in th e 74
9191 performance of his or her job duties; [and] 75
9292 (k) Any employee of a mass transit system, including 76
9393 any employee of public bus or light rail companies, while in 77
9494 the performance of his or her job duties; and 78
9595 (l) Any employee of an election aut hority as defined 79
9696 in section 115.015; 80
9797 (15) "Sudden passion", passion directly caused by and 81
9898 arising out of provocation by the victim or another acting 82 SB 259 4
9999 with the victim which passion arises at the time of the 83
100100 offense and is not solely the result of former provocation; 84
101101 (16) "Trier", the judge or jurors to whom issues of 85
102102 fact, guilt or innocence, or the assessment and declaration 86
103103 of punishment are submitted for decision; 87
104104 (17) "Views", the looking upon of another person, with 88
105105 the unaided eye or with any device designed or intended to 89
106106 improve visual acuity, for the purpose of arousing or 90
107107 gratifying the sexual desire of any person. 91
108108 565.240. 1. A person commits the offense of unlawful 1
109109 posting of certain information ov er the internet if he or 2
110110 she knowingly posts the name, home address, Social Security 3
111111 number, telephone number, or any other personally 4
112112 identifiable information of any person on the internet 5
113113 intending to cause great bodily harm or death, or 6
114114 threatening to cause great bodily harm or death to such 7
115115 person. 8
116116 2. The offense of unlawful posting of certain 9
117117 information over the internet is a class C misdemeanor, 10
118118 unless the person knowingly posts on the internet the name, 11
119119 home address, Social Security n umber, telephone number, or 12
120120 any other personally identifiable information of any law 13
121121 enforcement officer, corrections officer, parole officer, 14
122122 judge, commissioner, [or] prosecuting attorney, or any 15
123123 employee of an election authority as defined in sectio n 16
124124 115.015, or of any immediate family member of such law 17
125125 enforcement officer, corrections officer, parole officer, 18
126126 judge, commissioner, [or] prosecuting attorney, or any 19
127127 employee of an election authority as defined in section 20
128128 115.015, intending to cause great bodily harm or death, or 21
129129 threatening to cause great bodily harm or death, in which 22
130130 case it is a class E felony, and if such intention or threat 23 SB 259 5
131131 results in bodily harm or death to such person or immediate 24
132132 family member, the offense of unlawful posting of certain 25
133133 information over the internet is a class D felony. 26
134134