S0779.06T

To repeal sections 191.677, 567.010 and 567.020, RSMo 1994, relating to sexual contact, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Sections 191.677, 567.010 and 567.020, RSMo 1994, are repealed and five new sections enacted in lieu thereof, to be known as sections 191.677, 567.010, 567.020, 567.110 and 567.120, to read as follows:

     191.677. 1. It shall be unlawful for any individual knowingly infected with HIV to:

     (1) Be or attempt to be a blood, blood products, organ, sperm or tissue donor except as deemed necessary for medical research; or

     (2) [Deliberately create a grave and unjustifiable risk of infecting another with HIV through sexual or other contact when an individual knows that he is creating that risk.] Act in a reckless manner by exposing another person to HIV without the knowledge and consent of that person to be exposed to HIV, through contact with blood, semen or vaginal fluid in the course of oral, anal or vaginal sexual intercourse, or by the sharing of needles. Evidence that a person has acted recklessly in creating a risk of infecting another individual with HIV shall include, but is not limited to, the following:

     (a) The HIV infected person knew of such infection before engaging in sexual activity with another person, and such other person is unaware of the HIV infected person's condition or does not consent to contact with blood, semen or vaginal fluid in the course of sexual activity, or by the sharing of needles;

     (b) The HIV infected person has subsequently been infected with and tested positive to primary and secondary syphilis, or gonorrhea, or chlamydia; or

     (c) Another person provides corroborated evidence of sexual contact with the HIV infected person after a diagnosis of an HIV status.

     2. Violation of the provisions of subsection 1 of this section is a class D felony.

     3. Violation of the provisions of subsection 1 of this section with a person under the age of seventeen is a class C felony if the actor is over the age of twenty-one.

     [3.] 4. The department of health or local law enforcement agency, victim or others may file a complaint with the prosecuting attorney of a court of competent jurisdiction alleging that an individual has violated a provision of subsection 1 of this section. The department of health shall assist the prosecutor in preparing such case.

     567.010. As used in this chapter, the following terms mean:

     (1) "Promoting prostitution", a person promotes prostitution if, acting other than as a prostitute or a patron of a prostitute, he knowingly

     (a) Causes or aids a person to commit or engage in prostitution; or

     (b) Procures or solicits patrons for prostitution; or

     (c) Provides persons or premises for prostitution purposes; or

     (d) Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or

     (e) Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby he participates or is to participate in proceeds of prostitution activity; or

     (f) Engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution;

     (2) "Prostitution", a person commits prostitution if he engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person;

     (3) "Patronizing prostitution", a person patronizes prostitution if

     (a) Pursuant to a prior understanding, he gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him or with another; or

     (b) He gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with him or with another; or

     (c) He solicits or requests another person to engage in sexual conduct with him or with another, or to secure a third person to engage in sexual conduct with him or with another, in return for something of value;

     (4) "Sexual conduct" occurs when there is

     (a) "Sexual intercourse" which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; or

     (b) "Deviate sexual intercourse" which means any sexual act involving the genitals of one person and the mouth, hand, tongue or anus of another person; or

     (c) "Sexual contact" which means any touching, manual or otherwise, of the anus or genitals of one person by another, done for the purpose of arousing or gratifying sexual desire of either party;

     (5) "Something of value" means any money or property, or any token, object or article exchangeable for money or property[.];

     (6) "Prostitution-related offense", any violation of state law for prostitution, patronizing prostitution or promoting prostitution;

     (7) "Persistent prostitution offender", a person is a persistent prostitution offender if they have pled guilty to or been found guilty of two or more prostitution-related offenses.

     567.020. 1. A person commits the crime of prostitution if [he] the person performs an act of prostitution.

     2. Prostitution is a class B misdemeanor.

     3. The judge may order a drug and alcohol abuse treatment program for any person found guilty of prostitution, either after trial or upon a plea of guilty, before sentencing. Upon the successful completion of such program by the defendant, the court shall allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty.

     567.110. Any person who pleads guilty to or is found guilty of a violation of section 567.020 or 567.030 and who is alleged and proved to be a persistent prostitution offender is guilty of a class D felony.

     567.120. Any person arrested for a prostitution-related offense, who has a prior conviction of or has pled guilty to a prior prostitution-related offense, may, within the sound discretion of the court, be required to undergo HIV testing as a condition precedent to the issuance of bond for the offense.