To amend chapter 566, RSMo, by adding thereto four new sections relating to sexual offenses, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 566, RSMo, is amended by adding thereto four new sections, to be known as sections 566.083, 566.650, 566.653 and 566.656, to read as follows:

     566.083. 1. A person commits the crime of sexual misconduct involving a child if the person:

     (1) Knowingly exposes the person's genitals to a child less than fourteen years of age in a manner that would cause a reasonable adult to believe that such conduct would cause affront or alarm to a child less than fourteen years of age;

     (2) Knowingly exposes the person's genitals to a child less than fourteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child;

     (3) Coerces a child less than fourteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child; or

     (4) Engages in any type of sexual act in the presence of a child less than fourteen years of age, knowing that such sexual act will be seen or observed by such child, except as provided in subsection 2 of this section.

     2. A person does not commit the crime of sexual misconduct involving a child pursuant to subdivision (4) of subsection 1 of this section if such person demonstrates circumstances that would lead a reasonable person to believe that the viewing of the sexual act was due to inadvertent or accidental causes due to the necessary living arrangements of the parents and child.

     3. As used in this section, the term "sexual act" means any of the following: sexual intercourse, deviate sexual intercourse, masturbation, bestiality, sadism, masochism or fetishism.

     4. Sexual misconduct involving a child is a class D felony for the first offense and a class C felony for a second or subsequent offense.

     566.650. The department of public safety shall establish a sex offender registry from sexual offender registration information contained in the Missouri Uniform Law Enforcement System (MULES) as provided in section 566.610. Such registry shall contain the following information regarding each offender who has registered, pursuant to sections 566.600 to 566.625, for the crime of child molestation in the first degree, pursuant to section 566.067, or child molestation in the second degree when classified as a class D felony, pursuant to section 566.068, on or after August 28, 1997:

     (1) The person's name which shall be categorized by his community of residence and zip code;

     (2) The person's physical description; and

     (3) The person's address.

     566.653. 1. The department of public safety shall maintain and update the sex offender registry established pursuant to section 566.650 and make such registry accessible to the chief law enforcement officer of each county.

     2. The chief law enforcement officer of each county shall send a copy of the registry on January first and July first of each calendar year to the following entities in such county:

     (1) The superintendent of each school district;

     (2) The principal of each nonpublic school;

     (3) All child care facilities and child placement agencies; and

     (4) Other entities that provide services to children and request the registry.

     3. Each school district shall establish a policy for distributing information contained in the registry to principals, teachers and other school officials.

     4. Any employer may request a criminal background check on an applicant for employment or volunteer work. Such background check shall include a search of the applicant's name in the sex offender registry established pursuant to section 566.650.

     566.656. 1. A person or agency who receives a copy of the sex offender registry established pursuant to section 566.650 may only use information contained in such registry for the following purposes:

     (1) Protecting a child at risk; or

     (2) Deciding whether to hire an applicant for a position which involves the supervision of or contact with children.

     2. Any person who uses information contained in the sex offender registry for purposes other than those provided in subsection 1 of this section shall be liable for the actual damages incurred by any person whose name appears on the registry as a result of such unauthorized use. A person who is found liable under this subsection may also be assessed attorney's fees, court costs, and a civil penalty not to exceed five thousand dollars.