Chapter 568 Offenses Against the Family

568.032 - Abandonment of a child, second degree — penalty.

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1.A person commits the offense of abandonment of a child in the second degree if, as a parent, guardian or other person legally charged with the care or custody of a child less than eight years of age, he or she leaves the child in any place with purpose wholly to abandon the child, under circumstances which are likely to result in serious physical injury or death.

2.The offense of abandonment of a child in the second degree is a class D felony, unless the child suffers serious physical injury, in which case it is a class B felony.It is a class A felony if the child dies.

(L. 1995 H.B. 160, A.L. 2014 S.B. 491)

Effective 1-01-17

568.175 - Trafficking in children, penalty.

1.A person or entity commits the offense of trafficking in children if he, she, or it offers, gives, receives or solicits any money, consideration or other thing of value for the delivery or offer of delivery of a child to another person or entity for purposes of adoption, or for the execution of a consent to adopt or waiver of consent to future adoption or a consent to termination of parental rights.

2.An offense is not committed under this section if the money, consideration or thing of value or conduct is permitted under chapter 453 relating to adoption.

3.The offense of trafficking in children is a class D felony.

(L. 1985 H.B. 366, et al. § 1, A.L. 1997 H.B. 343, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Application of law to adoption petitions filed on or after August 28, 1997, 453.012

(1988) Section 568.175, RSMo, prohibits delivery of a child to the person offering the money as well as to a third party as the phrase "to another person" means a person other than the one who has control of and is to deliver the child. State v. Daugherty, 744 S.W.2d 849 (MO.App.S.D.).

568.020 - Incest — penalty.

1.A person commits the offense of incest if he or she marries or purports to marry or engages in sexual intercourse or deviate sexual intercourse with a person he or she knows to be, without regard to legitimacy, his or her:

(1)Ancestor or descendant by blood or adoption; or

(2)Stepchild, while the marriage creating that relationship exists; or

(3)Brother or sister of the whole or half-blood; or

(4)Uncle, aunt, nephew or niece of the whole blood.

2.The offense of incest is a class E felony.

3.The court shall not grant probation to a person who has previously been found guilty of an offense under this section.

(L. 1977 S.B. 60, A.L. 1979 S.B. 234, A.L. 2006 H.B. 1698, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCES:

Child abuse, definitions, actions for civil damages may be brought, when, 537.046

Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), 589.400 to 589.426

568.030 - Abandonment of child in the first degree, penalty.

1.A person commits the offense of abandonment of a child in the first degree if, as a parent, guardian or other person legally charged with the care or custody of a child less than four years of age, he or she leaves the child in any place with purpose wholly to abandon the child, under circumstances which are likely to result in serious physical injury or death.

2.The offense of abandonment of a child in the first degree is a class B felony, unless the child dies, in which case it is a class A felony.

(L. 1977 S.B. 60, A.L. 1995 H.B. 160, A.L. 2014 S.B. 491)

Effective 1-01-17

568.065 - Genital mutilation of a female child, penalty — affirmative defenses.

1.A person commits the offense of genital mutilation if he or she:

(1)Excises or infibulates, in whole or in part, the labia majora, labia minora, vulva or clitoris of a female child less than seventeen years of age; or

(2)Is a parent, guardian or other person legally responsible for a female child less than seventeen years of age and permits the excision or infibulation, in whole or in part, of the labia majora, labia minora, vulva or clitoris of such female child.

2.The offense of genital mutilation is a class B felony.

3.Belief that the conduct described in subsection 1 of this section is required as a matter of custom, ritual or standard practice, or consent to the conduct by the child on whom it is performed or by the child's parent or legal guardian, shall not be an affirmative defense to a charge pursuant to this section.

4.It is a defense if the conduct which constitutes genital mutilation was:

(1)Necessary to preserve the health of the child on whom it is performed and is performed by a person licensed to practice medicine in this state; or

(2)Performed on a child who is in labor or who has just given birth and is performed for medical purposes connected with such labor or birth by a person licensed to practice medicine in this state.

(L. 2000 S.B. 757 & 602, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Child molestation, first and second degree, 566.067, 566.068

568.010 - Bigamy — penalty.

1.A married person commits the offense of bigamy if he or she:

(1)Purports to marry another; or

(2)Cohabits with one whom he or she entered into a bigamous marriage in another jurisdiction.

2.A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he or she reasonably believes that he or she is legally eligible to remarry.

3.The defendant shall have the burden of injecting the issue of reasonable belief of eligibility to remarry.

4.An unmarried person commits the offense of bigamy if he or she:

(1)Purports to marry another knowing that the other person is married; or

(2)Cohabits with one whom he or she entered into a bigamous marriage in another jurisdiction.

5.The offense of bigamy is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

568.045 - Endangering the welfare of a child in the first degree, penalties.

1.A person commits the offense of endangering the welfare of a child in the first degree if he or she:

(1)Knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years of age; or

(2)Knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody;

(3)Knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 579;

(4)In the presence of a child less than seventeen years of age or in a residence where a child less than seventeen years of age resides, unlawfully manufactures, or attempts to manufacture compounds, possesses, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of their analogues.

2.The offense of endangering the welfare of a child in the first degree is a class D felony unless the offense:

(1)Is committed as part of an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity, or where physical injury to the child results, or the offense is a second or subsequent offense under this section, in which case the offense is a class C felony;

(2)Results in serious physical injury to the child, in which case the offense is a class B felony; or

(3)Results in the death of a child, in which case the offense is a class A felony.

(L. 1990 H.B. 1370, et al., A.L. 1994 S.B. 693, A.L. 1998 H.B. 1147, et al., A.L. 2003 S.B. 5, A.L. 2005 H.B. 353, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)

Effective 1-01-17

568.050 - Endangering the welfare of a child in the second degree, penalties.

1.A person commits the offense of endangering the welfare of a child in the second degree if he or she:

(1)With criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen years of age; or

(2)Knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031; or

(3)Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen years of age, recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him or her from coming within the provisions of paragraph (c) of subdivision (1) of subsection 1 or paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031; or

(4)Knowingly encourages, aids or causes a child less than seventeen years of age to enter into any room, building or other structure which is a public nuisance as defined in section 579.105.

2.Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he or she is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.

3.The offense of endangering the welfare of a child in the second degree is a class A misdemeanor unless the offense is committed as part of an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity, in which case the offense is a class E felony.

(L. 1977 S.B. 60, A.L. 1984 H.B. 1616, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 1030 merged with H.B. 1370, et al., A.L. 2005 H.B. 353 and H.B. 972 merged with S.B. 37, et al., A.L. 2005 1st Ex. Sess. H.B. 2, A.L. 2014 S.B. 491)

Effective 1-01-17

(1984) The state is required to prove that defendant knowingly encouraged a child less than seventeen years of age to engage in conduct tending to injure the child's welfare; knowing the child to be less than seventeen is a material element of the crime. Recklessness is not sufficient.State v. Nations (Mo. App.), 676 S.W.2d 282.

568.040 - Criminal nonsupport, penalty — definitions — payment of support as a condition of parole — expungement of records, when — prosecuting attorneys to report cases to family support division.

1.A person commits the offense of nonsupport if he or she knowingly fails to provide adequate support for his or her spouse; a parent commits the offense of nonsupport if such parent knowingly fails to provide adequate support which such parent is legally obligated to provide for his or her child or stepchild who is not otherwise emancipated by operation of law.

2.For purposes of this section:

(1)"Arrearage":

(a)The amount of moneys created by a failure to provide support to a child under an administrative or judicial support order;

(b)Support to an estranged or former spouse if the judgment or order requiring payment of spousal support also requires payment of child support and such estranged or former spouse is the custodial parent; or

(c)Both paragraphs (a) and (b) of this subdivision.

The arrearage shall reflect any retroactive support ordered under a modification and any judgments entered by a court of competent jurisdiction or any authorized agency and any satisfactions of judgment filed by the custodial parent;

(2)"Child" means any biological or adoptive child, or any child whose paternity has been established under chapter 454, or chapter 210, or any child whose relationship to the defendant has been determined, by a court of law in a proceeding for dissolution or legal separation, to be that of child to parent;

(3)"Good cause" means any substantial reason why the defendant is unable to provide adequate support.Good cause does not exist if the defendant purposely maintains his inability to support;

(4)"Support" means food, clothing, lodging, and medical or surgical attention;

(5)It shall not constitute a failure to provide medical and surgical attention, if nonmedical remedial treatment recognized and permitted under the laws of this state is provided.

3.Inability to provide support for good cause shall be an affirmative defense under this section.A defendant who raises such affirmative defense has the burden of proving the defense by a preponderance of the evidence.

4.The defendant shall have the burden of injecting the issues raised by subdivision (5) of subsection 2 of this section.

5.The offense of criminal nonsupport is a class A misdemeanor, unless the total arrearage is in excess of an aggregate of twelve monthly payments due under any order of support issued by any court of competent jurisdiction or any authorized administrative agency, in which case it is a class E felony.

6.(1)If at any time an offender convicted of criminal nonsupport, or an offender who has plead guilty to a charge of criminal nonsupport, is placed on probation or parole, there may be ordered as a condition of probation or parole that the offender commence payment of current support as well as satisfy the arrearages.Arrearages may be satisfied first by making such lump sum payment as the offender is capable of paying, if any, as may be shown after examination of the offender's financial resources or assets, both real, personal, and mixed, and second by making periodic payments.Periodic payments toward satisfaction of arrears when added to current payments due shall be in such aggregate sums as is not greater than fifty percent of the offender's adjusted gross income after deduction of payroll taxes, medical insurance that also covers a dependent spouse or children, and any other court- or administrative-ordered support, only.

(2)If the offender fails to pay the support and arrearages under the terms of his or her probation, the court may revoke probation or parole and then impose an appropriate sentence within the range for the class of offense that the offender was convicted of as provided by law, unless the offender proves good cause for the failure to pay as required under subsection 3 of this section.

(3)(a)An individual whose children were the subject of a child support order and the obligation of such individual to make child support payments has been terminated under subsection 3 of section 452.340, who has been found guilty of a felony offense for criminal nonsupport under this section, and who has successfully completed probation after a plea of guilty or conviction may petition the court for expungement of all recordations of his or her arrest, plea, trial, or conviction.If the court determines after hearing that such person:

a.Has not been convicted of any subsequent offense, unless such offense is eligible for expungement under a different section;

b.Does not have any other felony pleas of guilt, findings of guilt, or convictions, unless such felony pleas of guilt, findings of guilt, or convictions are eligible for expungement under a different section;

c.Has paid off all arrearages; and

d.Has no administrative child support actions pending at the time of the hearing on the application for expungement with respect to all children subject to orders of payment of child support

the court shall enter an order of expungement.In addition, the court may consider successful completion of a criminal nonsupport court program under section 478.1000, or any other circumstances or factors deemed relevant by the court.

(b)Upon granting the order of expungement, the records and files maintained in any court proceeding in an associate or a circuit division of the circuit court under this section shall be confidential and only available to the parties or by order of the court for good cause shown.

(c)The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea, or conviction, and as if such event had never taken place. No person for whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction, or expungement in response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section.

(d)A person shall only be entitled to one expungement under this section.Nothing in this section shall prevent the director of the department of social services from maintaining such records as to ensure that an individual receives only one expungement under this section for the purpose of informing the proper authorities of the contents of any record maintained under this section.

7.During any period that a nonviolent offender is incarcerated for criminal nonsupport, if the offender is ready, willing, and able to be gainfully employed during said period of incarceration, the offender, if he or she meets the criteria established by the department of corrections, may be placed on work release to allow the offender to satisfy his or her obligation to pay support.Arrearages shall be satisfied as outlined in the collection agreement.

8.Beginning August 28, 2009, every nonviolent first- and second-time offender then incarcerated for criminal nonsupport, who has not been previously placed on probation or parole for conviction of criminal nonsupport, may be considered for parole, under the conditions set forth in subsection 6 of this section, or work release, under the conditions set forth in subsection 7 of this section.

9.Beginning January 1, 1991, every prosecuting attorney in any county which has entered into a cooperative agreement with the family support division within the department of social services regarding child support enforcement services shall report to the division on a quarterly basis the number of charges filed and the number of convictions obtained under this section by the prosecuting attorney's office on all IV-D cases.The division shall consolidate the reported information into a statewide report by county and make the report available to the general public.

10.Persons accused of committing the offense of nonsupport of the child shall be prosecuted:

(1)In any county in which the child resided during the period of time for which the defendant is charged; or

(2)In any county in which the defendant resided during the period of time for which the defendant is charged.

(L. 1977 S.B. 60, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 2009 S.B. 140, A.L. 2011 H.B. 111, A.L. 2014 S.B. 491, A.L. 2016 H.B. 2332, A.L. 2017 S.B. 34)

(2015) Criminal nonsupport statute is constitutional under due process standards because a defendant may be made to bear the burden of pleading and proving the affirmative defense of inability to provide support for good cause.State v. Meacham, 470 S.W.3d 744 (Mo.)

568.060 - Abuse or neglect of a child, penalty.

1.As used in this section, the following terms shall mean:

(1)"Abuse", the infliction of physical, sexual, or mental injury against a child by any person eighteen years of age or older.For purposes of this section, abuse shall not include injury inflicted on a child by accidental means by a person with care, custody, or control of the child, or discipline of a child by a person with care, custody, or control of the child, including spanking, in a reasonable manner;

(2)"Abusive head trauma", a serious physical injury to the head or brain caused by any means, including but not limited to shaking, jerking, pushing, pulling, slamming, hitting, or kicking;

(3)"Mental injury", an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior;

(4)"Neglect", the failure to provide, by those responsible for the care, custody, and control of a child under the age of eighteen years, the care reasonable and necessary to maintain the physical and mental health of the child, when such failure presents a substantial probability that death or physical injury or sexual injury would result;

(5)"Physical injury", physical pain, illness, or any impairment of physical condition, including but not limited to bruising, lacerations, hematomas, welts, or permanent or temporary disfigurement and impairment of any bodily function or organ;

(6)"Serious emotional injury", an injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive, or physical condition.Serious emotional injury shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty;

(7)"Serious physical injury", a physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.

2.A person commits the offense of abuse or neglect of a child if such person knowingly causes a child who is less than eighteen years of age:

(1)To suffer physical or mental injury as a result of abuse or neglect; or

(2)To be placed in a situation in which the child may suffer physical or mental injury as the result of abuse or neglect.

3.A person commits the offense of abuse or neglect of a child if such person recklessly causes a child who is less than eighteen years of age to suffer from abusive head trauma.

4.A person does not commit the offense of abuse or neglect of a child by virtue of the sole fact that the person delivers or allows the delivery of a child to a provider of emergency services.

5.The offense of abuse or neglect of a child is:

(1)A class D felony, without eligibility for probation, parole, or conditional release until the defendant has served no less than one year of such sentence, unless the person has previously been found guilty of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct or the injury inflicted on the child is a serious emotional injury or a serious physical injury, in which case abuse or neglect of a child is a class B felony, without eligibility for probation or parole until the defendant has served not less than five years of such sentence; or

(2)A class A felony if the child dies as a result of injuries sustained from conduct chargeable under the provisions of this section.

6.Notwithstanding subsection 5 of this section to the contrary, the offense of abuse or neglect of a child is a class A felony, without eligibility for probation, parole, or conditional release until the defendant has served not less than fifteen years of such sentence, if:

(1)The injury is a serious emotional injury or a serious physical injury;

(2)The child is less than fourteen years of age; and

(3)The injury is the result of sexual abuse or sexual abuse in the first degree as defined under section 566.100 or sexual exploitation of a minor as defined under section 573.023.

7.The circuit or prosecuting attorney may refer a person who is suspected of abuse or neglect of a child to an appropriate public or private agency for treatment or counseling so long as the agency has consented to taking such referrals.Nothing in this subsection shall limit the discretion of the circuit or prosecuting attorney to prosecute a person who has been referred for treatment or counseling pursuant to this subsection.

8.Nothing in this section shall be construed to alter the requirement that every element of any crime referred to herein must be proven beyond a reasonable doubt.

9.Discipline, including spanking administered in a reasonable manner, shall not be construed to be abuse under this section.

(L. 1977 S.B. 60, A.L. 1984 H.B. 1255, A.L. 1990 H.B. 1370, et al., A.L. 1997 S.B. 56, A.L. 2012 S.B. 628, A.L. 2013 H.B. 505, A.L. 2014 S.B. 491)

Effective 1-01-17

568.070 - Unlawful transactions with a child.

1.A person commits the offense of unlawful transactions with a child if he or she:

(1)Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor, unless the child's custodial parent or guardian has consented in writing to the transaction; or

(2)Knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in chapter 579, is maintained or conducted; or

(3)With criminal negligence sells blasting caps, bulk gunpowder, or explosives to a child under the age of seventeen, or fireworks as defined in section 320.110*, to a child under the age of fourteen, unless the child's custodial parent or guardian has consented in writing to the transaction.Criminal negligence as to the age of the child is not an element of this crime.

2.The offense of unlawful transactions with a child is a class B misdemeanor.