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--- version:5463S.01I - Introduced+++ version:Senate Committee Substitute - Committee Version@@ -1,418 +1,853 @@-EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted-and is intended to be omitted in the law.-SECOND REGULAR SESSION+5463S.04C+ 1+SENATE COMMITTEE SUBSTITUTE+FORSENATE BILL NO. 928-103RD GENERAL ASSEMBLY-INTRODUCED BY SENATOR LEWIS.-5463S.01I KRISTINA MARTIN, SecretaryAN ACT-To repeal sections 544.170, 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073,-565.074, 565.076, 565.225, and 565.227, RSMo, and to enact in lieu thereof thirteen-new sections relating to criminal offenses, with penalty provisions.+To repeal sections 455.050, 565.002, 565.050,+565.052, 565.054, 565.056, 565.072, 565.073, 565.074,+565.076, 565.090, 565.091, 565.225, and 565.227,+RSMo, and to enact in lieu thereof twenty -one new+sections relating to criminal offenses, with penalty+provisions.+Be it enacted by the General Assembly of the State of Missouri, as follows:- Section A. Sections 544.170, 565.002, 565.050, 565.052, 1-565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.225, 2-and 565.227, RSMo, are repealed and thirteen new sections 3-enacted in lieu thereof, to be known as sections 544.170, 4-565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073, 5-565.074, 565.076, 565.225, 565.227, and 575.275, to read as 6-follows:7- 544.170. 1. (1) Except as provided in subdivision 1-(2) of this subsection, all persons arrested and confined in 2-any jail or other place of confinement by any peace officer, 3-without warrant or other process, for any alleged breach of 4-the peace or other criminal offense, or on suspicion 5-thereof, shall be discharged from said custody within twenty- 6-four hours from the time of such arrest, unless they shall 7-be charged with a criminal offense by the oath of some 8-credible person, and be held by warrant to answer to such 9-offense. 10- (2) All persons arrested and confined in any jail or 11-other place of confinement by any peace officer, without 12- SB 928 2-warrant or other process, for offenses related to domestic 13-violence, as such term is defined in section 455.010, shall 14-be discharged from said custody within forty-eight hours 15-from the time of such arrest, unless they shall be charged 16-with a criminal offense by the oath of some credible person, 17-and be held by warrant to answer to such offense. 18- 2. In any confinement to which the provisions of this 19-section apply, the confinee shall be permitted at any 20-reasonable time to consult with counsel or other persons 21-acting on the confinee's behalf. 22- 3. Any person who violates the provisions of this 23-section, by refusing to release any person who is entitled 24-to release pursuant to this section, or by refusing to 25-permit a confinee to consult with counsel or other persons, 26-or who transfers any such confinees to the custody or 27-control of another, or to another place, or who falsely 28-charges such person, with intent to avoid the provisions of 29-this section, is guilty of a class A misdemeanor. 30- 565.002. As used in this chapter, unless a different 1-meaning is otherwise plainly required the following terms 2-mean: 3- (1) "Adequate cause", cause that would reasonably 4-produce a degree of passion in a person of ordinary 5-temperament sufficient to substantially impair an ordinary 6-person's capacity for self-control; 7- (2) "Bodily harm", physical pain or injury, illness, 8-or any impairment of physical condition; 9- (3) "Child", a person under seventeen years of age; 10- [(3)] (4) "Conduct", includes any act or omission; 11- [(4)] (5) "Course of conduct", a pattern of conduct 12-composed of two or more acts, which may include 13-communication by any means, over a period of time, however 14- SB 928 3-short, evidencing a continuity of purpose. Constitutionally 15-protected activity is not included within the meaning of 16-course of conduct. Such constitutionally protected activity 17-includes picketing or other organized protests; 18- [(5)] (6) "Deliberation", cool reflection for any 19-length of time no matter how brief; 20- [(6)] (7) "Domestic victim", a household or family 21-member as the term "family" or "household member" is defined 22-in section 455.010, including any child who is a member of 23-the household or family; 24- [(7)] (8) "Emotional distress", something markedly 25-greater than the level of uneasiness, nervousness, 26-unhappiness, or the like which are commonly experienced in 27-day-to-day living; 28- [(8)] (9) "Full or partial nudity", the showing of all 29-or any part of the human genitals, pubic area, buttock, or 30-any part of the nipple of the breast of any female person, 31-with less than a fully opaque covering; 32- [(9)] (10) "Great bodily harm", bodily injury which 33-creates a high probability of death, or which causes serious 34-permanent or protracted loss or impairment of function of 35-any bodily member or organ, or other serious bodily harm; 36- (11) "Legal custody", the right to the care, custody 37-and control of a child; 38- [(10)] (12) "Parent", either a biological parent or a 39-parent by adoption; 40- [(11)] (13) "Person having a right of custody", a 41-parent or legal guardian of the child; 42- [(12)] (14) "Photographs" or "films", the making of 43-any photograph, motion picture film, videotape, or any other 44-recording or transmission of the image of a person; 45- SB 928 4- [(13)] (15) "Place where a person would have a 46-reasonable expectation of privacy", any place where a 47-reasonable person would believe that a person could disrobe 48-in privacy, without being concerned that the person's 49-undressing was being viewed, photographed or filmed by 50-another; 51- [(14)] (16) "Special victim", any of the following: 52- (a) A law enforcement officer assaulted in the 53-performance of his or her official duties or as a direct 54-result of such official duties; 55- (b) Emergency personnel, any paid or volunteer 56-firefighter, emergency room, hospital, or trauma center 57-personnel, or emergency medical technician, assaulted in the 58-performance of his or her official duties or as a direct 59-result of such official duties; 60- (c) A probation and parole officer assaulted in the 61-performance of his or her official duties or as a direct 62-result of such official duties; 63- (d) An elderly person; 64- (e) A person with a disability; 65- (f) A vulnerable person; 66- (g) Any jailer or corrections officer of the state or 67-one of its political subdivisions assaulted in the 68-performance of his or her official duties or as a direct 69-result of such official duties; 70- (h) A highway worker in a construction or work zone as 71-the terms "highway worker", "construction zone", and "work 72-zone" are defined under section 304.580; 73- (i) Any utility worker, meaning any employee of a 74-utility that provides gas, heat, electricity, water, steam, 75-telecommunications services, or sewer services, whether 76-privately, municipally, or cooperatively owned, while in the 77- SB 928 5-performance of his or her job duties, including any person 78-employed under a contract; 79- (j) Any cable worker, meaning any employee of a cable 80-operator, as such term is defined in section 67.2677, 81-including any person employed under contract, while in the 82-performance of his or her job duties; and 83- (k) Any employee of a mass transit system, including 84-any employee of public bus or light rail companies, while in 85-the performance of his or her job duties; 86- [(15)] (17) "Substantial bodily harm", bodily injury 87-which involves a temporary but substantial disfigurement, or 88-which causes temporary but substantial loss or impairment of 89-the function of any bodily member or organ, or which causes 90-a fracture of any bodily member; 91- (18) "Sudden passion", passion directly caused by and 92-arising out of provocation by the victim or another acting 93-with the victim which passion arises at the time of the 94-offense and is not solely the result of former provocation; 95- [(16)] (19) "Technological abuse conduct", an act or 96-pattern of behavior that is intended to harm, threaten, 97-intimidate, control, stalk, harass, monitor, except as 98-otherwise permitted by law, another person, that occurs 99-using any form of technology, including internet enabled 100-devices, online platforms, computers, mobile devices, 101-cameras and imaging programs, apps, location tracking 102-devices, or any other emerging technologies; 103- (20) "Trier", the judge or jurors to whom issues of 104-fact, guilt or innocence, or the assessment and declaration 105-of punishment are submitted for decision; 106- [(17)] (21) "Views", the looking upon of another 107-person, with the unaided eye or with any device designed or 108- SB 928 6-intended to improve visual acuity, for the purpose of 109-arousing or gratifying the sexual desire of any person. 110- 565.050. 1. A person commits the offense of assault 1-in the first degree if he or she attempts to kill or 2-knowingly causes or attempts to cause [serious physical 3-injury] great bodily harm to another person. 4- 2. The offense of assault in the first degree is a 5-class B felony unless in the course thereof the person 6-inflicts [serious physical injury] great bodily harm on the 7-victim, or if the victim of such assault is a special 8-victim, as the term "special victim" is defined under 9-section 565.002, in which case it is a class A felony. 10- 565.052. 1. A person commits the offense of assault 1-in the second degree if he or she: 2- (1) Attempts to kill or knowingly causes or attempts 3-to cause [serious physical injury] great bodily harm to 4-another person under the influence of sudden passion arising 5-out of adequate cause; or 6- (2) Attempts to cause or knowingly causes [physical 7-injury ] bodily harm to another person by means of a deadly 8-weapon or dangerous instrument; or 9- (3) Recklessly causes [serious physical injury] great 10-bodily harm to another person; or 11- (4) Recklessly causes [physical injury] bodily harm to 12-another person by means of discharge of a firearm. 13- 2. The defendant shall have the burden of injecting 14-the issue of influence of sudden passion arising from 15-adequate cause under subdivision (1) of subsection 1 of this 16-section. 17- 3. The offense of assault in the second degree is a 18-class D felony, unless the victim of such assault is a 19- SB 928 7-special victim, as the term "special victim" is defined 20-under section 565.002, in which case it is a class B felony. 21- 565.054. 1. A person commits the offense of assault 1-in the third degree if he or she knowingly causes [physical 2-injury] bodily harm to another person. 3- 2. The offense of assault in the third degree is a 4-class E felony, unless the victim of such assault is a 5-special victim, as the term "special victim" is defined 6-under section 565.002, in which case it is a class D felony. 7- 565.056. 1. A person commits the offense of assault 1-in the fourth degree if: 2- (1) The person attempts to cause or recklessly causes 3-[physical injury, physical pain, or illness] bodily harm to 4-another person; 5- (2) With criminal negligence the person causes 6-[physical injury] bodily harm to another person by means of 7-a firearm; 8- (3) The person purposely places another person in 9-apprehension of immediate [physical injury] bodily harm; 10- (4) The person recklessly engages in conduct which 11-creates a substantial risk of death or [serious physical 12-injury] great bodily harm to another person; 13- (5) The person knowingly causes or attempts to cause 14-physical contact with a person with a disability, which a 15-reasonable person, who does not have a disability, would 16-consider offensive or provocative; or 17- (6) The person knowingly causes physical contact with 18-another person knowing the other person will regard the 19-contact as offensive or provocative. 20- 2. Except as provided in subsection 3 of this section, 21-assault in the fourth degree is a class A misdemeanor. 22- SB 928 8- 3. Violation of the provisions of subdivision (3) or 23-(6) of subsection 1 of this section is a class C misdemeanor 24-unless the victim is a special victim, as the term "special 25-victim" is defined under section 565.002, in which case a 26-violation of such provisions is a class A misdemeanor. 27- 565.072. 1. A person commits the offense of domestic 1-assault in the first degree if he or she attempts to kill or 2-knowingly causes or attempts to cause [serious physical 3-injury] great bodily harm to a domestic victim, as the term 4-"domestic victim" is defined under section 565.002. 5- 2. The offense of domestic assault in the first degree 6-is a class B felony unless in the course thereof the person 7-inflicts serious physical injury on the victim, in which 8-case it is a class A felony. 9- 565.073. 1. A person commits the offense of domestic 1-assault in the second degree if the act involves a domestic 2-victim, as the term "domestic victim" is defined under 3-section 565.002, and he or she: 4- (1) Knowingly causes [physical injury] bodily harm to 5-such domestic victim by any means, including but not limited 6-to, use of a deadly weapon or dangerous instrument, or by 7-choking or strangulation; or 8- (2) Recklessly causes [serious physical injury] great 9-bodily harm to such domestic victim; or 10- (3) Recklessly causes [physical injury] bodily harm to 11-such domestic victim by means of any deadly weapon. 12- 2. The offense of domestic assault in the second 13-degree is a class D felony. 14- 565.074. 1. A person commits the offense of domestic 1-assault in the third degree if he or she attempts to cause 2-[physical injury] substantial bodily harm or knowingly 3-causes [physical pain or illness] bodily harm to a domestic 4- SB 928 9-victim, as the term "domestic victim" is defined under 5-section 565.002. 6- 2. The offense of domestic assault in the third degree 7-is a class E felony. 8- 565.076. 1. A person commits the offense of domestic 1-assault in the fourth degree if the act involves a domestic 2-victim, as the term "domestic victim" is defined under 3-section 565.002, and: 4- (1) The person attempts to cause or recklessly causes 5-[physical injury, physical pain, or illness] bodily harm to 6-such domestic victim; 7- (2) With criminal negligence the person causes 8-[physical injury] bodily harm to such domestic victim by 9-means of a deadly weapon or dangerous instrument; 10- (3) The person purposely places such domestic victim 11-in apprehension of immediate [physical injury] bodily harm 12-by any means; 13- (4) The person recklessly engages in conduct which 14-creates a substantial risk of death or [serious physical 15-injury] great bodily harm to such domestic victim; 16- (5) The person knowingly causes physical contact with 17-such domestic victim knowing he or she will regard the 18-contact as offensive; or 19- (6) The person knowingly attempts to cause or causes 20-the isolation of such domestic victim by unreasonably and 21-substantially restricting or limiting his or her access to 22-other persons, telecommunication devices or transportation 23-for the purpose of isolation. 24- 2. The offense of domestic assault in the fourth 25-degree is a class A misdemeanor, unless the person has 26-previously been found guilty of the offense of domestic 27-assault, of any assault offense under this chapter, or of 28- SB 928 10-any offense against a domestic victim committed in violation 29-of any county or municipal ordinance in any state, any state 30-law, any federal law, or any military law which if committed 31-in this state two or more times would be a violation of this 32-section, in which case it is a class E felony. The offenses 33-described in this subsection may be against the same 34-domestic victim or against different domestic victims. 35- 565.225. 1. [As used in this section and section 1-565.227, the term "disturbs" shall mean to engage in a 2-course of conduct directed at a specific person that serves 3-no legitimate purpose and that would cause a reasonable 4-person under the circumstances to be frightened, 5-intimidated, or emotionally distressed. 6- 2.] A person commits the offense of stalking in the 7-first degree if he or she [purposely] knowingly, through 8-[his or her] a course of conduct[, disturbs or follows with 9-the intent of disturbing] that is directed at another person 10-[and] or through technological abuse conduct, engages in 11-conduct that would cause a reasonable person under similar 12-circumstances to: 13- (1) [Makes a threat communicated with the intent to 14-cause the person who is the target of the threat to 15-reasonably] Fear [for his or her safety, the safety of his 16-or her family or household member, or the safety of domestic 17-animals or livestock as defined in section 276.606 kept at 18-such person's residence or on such person's property. The 19-threat shall be against the life of, or a threat to cause 20-physical] death or bodily injury to[, or the kidnapping of] 21-the person[,]; 22- (2) Fear that an offense will be committed against a 23-member of the person's family or household members, or [the 24-person's domestic animals or livestock as defined in section 25- SB 928 11-276.606 kept at such person's residence or on such person's 26-property] an individual with whom the person has a dating 27-relationship; [or 28- (2) At least one of the acts constituting the course 29-of conduct is in violation of an order of protection and the 30-person has received actual notice of such order; or] 31- (3) [At least one of the actions constituting the 32-course of conduct is in violation of a condition of 33-probation, parole, pretrial release, or release on bond 34-pending appeal] Fear that an offense will be committed 35-against the person's property; or 36- (4) [At any time during the course of conduct, the 37-other person is seventeen years of age or younger and the 38-person disturbing the other person is twenty-one years of 39-age or older; or 40- (5) He or she has previously been found guilty of 41-domestic assault, violation of an order of protection, or 42-any other crime where the other person was the victim; or 43- (6) At any time during the course of conduct, the 44-other person is a participant of the address confidentiality 45-program under sections 589.660 to 589.681, and the person 46-disturbing the other person knowingly accesses or attempts 47-to access the address of the other person] Feel harassed, 48-terrified, or intimidated. 49- [3.] 2. Any law enforcement officer may arrest, 50-without a warrant, any person he or she has probable cause 51-to believe has violated the provisions of this section. 52- [4.] 3. This section shall not apply to activities of 53-federal, state, county, or municipal law enforcement 54-officers conducting investigations of any violation of 55-federal, state, county, or municipal law. 56- SB 928 12- [5.] 4. The offense of stalking in the first degree is 57-a class E felony, unless the defendant has previously been 58-found guilty of a violation of this section or section 59-565.227, or any offense committed in another jurisdiction 60-which, if committed in this state, would be chargeable or 61-indictable as a violation of any offense listed in this 62-section or section 565.227, or unless the victim is 63-intentionally targeted as a law enforcement officer, as 64-defined in section 556.061, or the victim is targeted 65-because he or she is a relative within the second degree of 66-consanguinity or affinity to a law enforcement officer, in 67-which case stalking in the first degree is a class D felony. 68- 565.227. 1. A person commits the offense of stalking 1-in the second degree if he or she [purposely, through his or 2-her course of] knowingly engages in a course of conduct[, 3-disturbs, or follows with the intent to disturb another 4-person] directed at a specific person or technological abuse 5-conduct which would cause a reasonable person under the 6-circumstances to feel harassed, terrified, or intimidated. 7- 2. This section shall not apply to activities of 8-federal, state, county, or municipal law enforcement 9-officers conducting investigations of any violation of 10-federal, state, county, or municipal law. 11- 3. Any law enforcement officer may arrest, without a 12-warrant, any person he or she has probable cause to believe 13-has violated the provisions of this section. 14- 4. The offense of stalking in the second degree is a 15-class A misdemeanor, unless the defendant has previously 16-been found guilty of a violation of this section or section 17-565.225, or of any offense committed in another jurisdiction 18-which, if committed in this state, would be chargeable or 19-indictable as a violation of any offense listed in this 20- SB 928 13-section or section 565.225, or unless the victim is 21-intentionally targeted as a law enforcement officer, as 22-defined in section 556.061, or the victim is targeted 23-because he or she is a relative within the second degree of 24-consanguinity or affinity to a law enforcement officer, in 25-which case stalking in the second degree is a class E felony. 26- 575.275. 1. A person commits the offense of violating 1-a no contact order when the person violates a court order 2-where as a condition of pretrial release, a diversion 3-program, or at any other time during the pendency of a 4-criminal case that requires the person refrain from having 5-any direct or indirect contact or communication of any kind 6-with another person and the person knowingly contacts or 7-communicates with the other person. 8- 2. The offense of violating a no contact order shall 9-be a class A misdemeanor. 10- 3. As used in this section, the term "contact or 11-communication" includes contact or communication in person, 12-by writing, telephone, fax, e-mail, or any other type of 13-electronic communication, and includes contact or 14-communication through a third party or parties, except that 15-the defendant may communicate through his or her attorney to 16-the prosecuting or circuit attorney, or if the defendant 17-does not have counsel, directly to the prosecuting or 18-circuit attorney, any lawful request or legally necessary 19-information which the prosecuting or circuit attorney may 20-then relay to the victim, if appropriate. 21-✓+ Section A. Sections 455.050, 565.002, 565.050, 565.052,+565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.090,+565.091, 565.225, and 565.227, RSMo, are repealed and twenty -+one new sections enacted in lieu thereof, to be known as+sections 27.117, 455.050, 544.667, 565.002, 565.050, 565.052,+565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.090,+565.091, 565.225, 565.227, 565.260, 565.400, 565.405, 573.570,+and 573.575, to read as follows:+ 27.117. The attorney general shall have concurrent+jurisdiction with any and all prosecuting attorneys to+prosecute persons in violation of sections 565.090, 565.091,+565.225, 565.227, 565.400, 565.405, 573.570, or 573.575,+where the offense occurred in more than one jurisdiction of+the state.+ 455.050. 1. Any full or ex parte order of protection+granted pursuant to sections 455.010 to 455.085 shall be to+protect the petitioner from cyberstalking, domestic+violence, stalking, or sexual assault and may include such+terms as the court reasonably deems necessary to ensure the+petitioner's safety, including but not limited to:++ 2+ (1) Temporarily enjoining the respondent from+committing or threatening to commit cyberstalking, domestic+violence, molesting, stalking, sexual assault, or disturbing+the peace of the petitioner, including violence against a+pet;+ (2) Temporarily enjoining the respondent from entering+the premises of the dwelling unit of the petitioner when the+dwelling unit is:+ (a) Jointly owned, leased or rented or jointly+occupied by both parties; or+ (b) Owned, leased, rented or occupied by petitioner+individually; or+ (c) Jointly owned, leased, rented or occupied by+petitioner and a person other than respondent; provided,+however, no spouse shall be denied relief pursuant to this+section by reason of the absence of a property interest in+the dwelling unit; or+ (d) Jointly occupied by the petitioner and a person+other than respondent; provided that the respondent has no+property interest in the dwelling unit; or+ (3) Temporarily enjoining the respondent from+communicating with the petitioner in any manner or through+any medium.+ 2. Mutual orders of protection are prohibited unless+both parties have properly filed written petitions and+proper service has been made in accordance with sections+455.010 to 455.085.+ 3. When the court has, after a hearing for any full+order of protection, issued an order of protection, it may,+in addition:+ (1) Award custody of any minor child born to or+adopted by the parties when the court has jurisdiction over+such child and no prior order regarding custody is pending++ 3+or has been made, and the best interests of the child+require such order be issued;+ (2) Establish a visitation schedule that is in the+best interests of the child;+ (3) Award child support in accordance with supreme+court rule 88.01 and chapter 452;+ (4) Award maintenance to petitioner when petitioner+and respondent are lawfully married in accordance with+chapter 452;+ (5) Order respondent to make or to continue to make+rent or mortgage payments on a residence occupied by the+petitioner if the respondent is found to have a duty to+support the petitioner or other dependent household members;+ (6) Order the respondent to pay the petitioner's rent+at a residence other than the one previously shared by the+parties if the respondent is found to have a duty to support+the petitioner and the petitioner requests alternative+housing;+ (7) Order that the petitioner be given temporary+possession of specified personal property, such as+automobiles, checkbooks, keys, and other personal effects;+ (8) Prohibit the respondent from transferring,+encumbering, or otherwise disposing of specified property+mutually owned or leased by the parties;+ (9) Order the respondent to participate in a court-+approved counseling program designed to help batterers stop+violent behavior or to participate in a substance abuse+treatment program;+ (10) Order the respondent to pay a reasonable fee for+housing and other services that have been provided or that+are being provided to the petitioner by a shelter for+victims of domestic violence;+ (11) Order the respondent to pay court costs;++ 4+ (12) Order the respondent to pay the cost of medical+treatment and services that have been provided or that are+being provided to the petitioner as a result of injuries+sustained to the petitioner by an act of domestic violence+committed by the respondent;+ (13) Award possession and care of any pet, along with+any moneys necessary to cover medical costs that may have+resulted from abuse of the pet.+ 4. A verified petition seeking orders for maintenance,+support, custody, visitation, payment of rent, payment of+monetary compensation, possession of personal property,+prohibiting the transfer, encumbrance, or disposal of+property, or payment for services of a shelter for victims+of domestic violence, shall contain allegations relating to+those orders and shall pray for the orders desired.+ 5. In making an award of custody, the court shall+consider all relevant factors including the presumption that+the best interests of the child will be served by placing+the child in the custody and care of the nonabusive parent,+unless there is evidence that both parents have engaged in+abusive behavior, in which case the court shall not consider+this presumption but may appoint a guardian ad litem or a+court-appointed special advocate to represent the children+in accordance with chapter 452 and shall consider all other+factors in accordance with chapter 452.+ 6. The court shall grant to the noncustodial parent+rights to visitation with any minor child born to or adopted+by the parties, unless the court finds, after hearing, that+visitation would endanger the child's physical health,+impair the child's emotional development or would otherwise+conflict with the best interests of the child, or that no+visitation can be arranged which would sufficiently protect+the custodial parent from further domestic violence. The++ 5+court may appoint a guardian ad litem or court-appointed+special advocate to represent the minor child in accordance+with chapter 452 whenever the custodial parent alleges that+visitation with the noncustodial parent will damage the+minor child.+ 7. The court shall make an order requiring the+noncustodial party to pay an amount reasonable and necessary+for the support of any child to whom the party owes a duty+of support when no prior order of support is outstanding and+after all relevant factors have been considered, in+accordance with Missouri supreme court rule 88.01 and+chapter 452.+ 8. The court may grant a maintenance order to a party+for a period of time, not to exceed one hundred eighty+days. Any maintenance ordered by the court shall be in+accordance with chapter 452.+ 9. (1) The court may, in order to ensure that a+petitioner can maintain an existing wireless telephone+number or numbers, issue an order, after notice and an+opportunity to be heard, directing a wireless service+provider to transfer the billing responsibility for and+rights to the wireless telephone number or numbers to the+petitioner, if the petitioner is not the wireless service+accountholder.+ (2) (a) The order transferring billing responsibility+for and rights to the wireless telephone number or numbers+to the petitioner shall list the name and billing telephone+number of the accountholder, the name and contact+information of the person to whom the telephone number or+numbers will be transferred, and each telephone number to be+transferred to that person. The court shall ensure that the+contact information of the petitioner is not provided to the+accountholder in proceedings held under this chapter.++ 6+ (b) Upon issuance, a copy of the full order of+protection shall be transmitted, either electronically or by+certified mail, to the wireless service provider's+registered agent listed with the secretary of state, or+electronically to the email address provided by the wireless+service provider. Such transmittal shall constitute+adequate notice for the wireless service provider acting+under this section and section 455.523.+ (c) If the wireless service provider cannot+operationally or technically effectuate the order due to+certain circumstances, the wireless service provider shall+notify the petitioner within three business days. Such+circumstances shall include, but not be limited to, the+following:+ a. The accountholder has already terminated the+account;+ b. The differences in network technology prevent the+functionality of a device on the network; or+ c. There are geographic or other limitations on+network or service availability.+ (3) (a) Upon transfer of billing responsibility for+and rights to a wireless telephone number or numbers to the+petitioner under this subsection by a wireless service+provider, the petitioner shall assume all financial+responsibility for the transferred wireless telephone number+or numbers, monthly service costs, and costs for any mobile+device associated with the wireless telephone number or+numbers.+ (b) This section shall not preclude a wireless service+provider from applying any routine and customary+requirements for account establishment to the petitioner as+part of this transfer of billing responsibility for a+wireless telephone number or numbers and any devices++ 7+attached to that number or numbers including, but not+limited to, identification, financial information, and+customer preferences.+ (4) This section shall not affect the ability of the+court to apportion the assets and debts of the parties as+provided for in law, or the ability to determine the+temporary use, possession, and control of personal property.+ (5) No cause of action shall lie against any wireless+service provider, its officers, employees, or agents, for+actions taken in accordance with the terms of a court order+issued under this section.+ (6) As used in this section and section 455.523, a+"wireless service provider" means a provider of commercial+mobile service under Section 332(d) of the Federal+[Telecommunications Act of 1996] Communications Act of 1934+(47 U.S.C. Section [151, et seq.] 332).+ 544.667. In addition to the forfeiture of any security+which was given or pledged for a person's release, any+person who, having been released upon a recognizance or bond+pursuant to any other provisions of law while pending+preliminary hearing, trial, sentencing, appeal, probation or+parole revocation, or any other stage of a criminal matter+against him or her, knowingly violates any condition of+release that imposes no contact with specific individuals+shall be guilty of a class A misdemeanor.+ 565.002. As used in this chapter, unless a different+meaning is otherwise plainly required the following terms+mean:+ (1) "Adequate cause", cause that would reasonably+produce a degree of passion in a person of ordinary+temperament sufficient to substantially impair an ordinary+person's capacity for self-control;++ 8+ (2) "Bodily harm", physical pain or injury, illness,+or any impairment of physical condition;+ (3) "Child", a person under seventeen years of age;+ [(3)] (4) "Conduct", includes any act or omission;+ [(4)] (5) "Course of conduct", a pattern of conduct+composed of two or more acts, which may include+communication by any means, over a period of time, however+short, evidencing a continuity of purpose. Constitutionally+protected activity is not included within the meaning of+course of conduct. Such constitutionally protected activity+includes picketing or other organized protests;+ [(5)] (6) "Deliberation", cool reflection for any+length of time no matter how brief;+ [(6)] (7) "Domestic victim", a household or family+member as the term "family" or "household member" is defined+in section 455.010, including any child who is a member of+the household or family;+ [(7)] (8) "Emotional distress", something markedly+greater than the level of uneasiness, nervousness,+unhappiness, or the like which are commonly experienced in+day-to-day living;+ [(8)] (9) "Full or partial nudity", the showing of all+or any part of the human genitals, pubic area, buttock, or+any part of the nipple of the breast of any female person,+with less than a fully opaque covering;+ [(9)] (10) "Great bodily harm", bodily injury which+creates a high probability of death, or which causes serious+permanent or protracted loss or impairment of function of+any bodily member or organ, or other serious bodily harm;+ (11) "Legal custody", the right to the care, custody+and control of a child;+ [(10)] (12) "Parent", either a biological parent or a+parent by adoption;++ 9+ [(11)] (13) "Person having a right of custody", a+parent or legal guardian of the child;+ [(12)] (14) "Photographs" or "films", the making of+any photograph, motion picture film, videotape, or any other+recording or transmission of the image of a person;+ [(13)] (15) "Place where a person would have a+reasonable expectation of privacy", any place where a+reasonable person would believe that a person could disrobe+in privacy, without being concerned that the person's+undressing was being viewed, photographed or filmed by+another;+ [(14)] (16) "Special victim", any of the following:+ (a) A law enforcement officer assaulted in the+performance of his or her official duties or as a direct+result of such official duties;+ (b) Emergency personnel, any paid or volunteer+firefighter, emergency room, hospital, or trauma center+personnel, or emergency medical technician, assaulted in the+performance of his or her official duties or as a direct+result of such official duties;+ (c) A probation and parole officer assaulted in the+performance of his or her official duties or as a direct+result of such official duties;+ (d) An elderly person;+ (e) A person with a disability;+ (f) A vulnerable person;+ (g) Any jailer or corrections officer of the state or+one of its political subdivisions assaulted in the+performance of his or her official duties or as a direct+result of such official duties;+ (h) A highway worker in a construction or work zone as+the terms "highway worker", "construction zone", and "work+zone" are defined under section 304.580;++ 10+ (i) Any utility worker, meaning any employee of a+utility that provides gas, heat, electricity, water, steam,+telecommunications services, or sewer services, whether+privately, municipally, or cooperatively owned, while in the+performance of his or her job duties, including any person+employed under a contract;+ (j) Any cable worker, meaning any employee of a cable+operator, as such term is defined in section 67.2677,+including any person employed under contract, while in the+performance of his or her job duties; and+ (k) Any employee of a mass transit system, including+any employee of public bus or light rail companies, while in+the performance of his or her job duties;+ [(15)] (17) "Substantial bodily harm", bodily injury+which involves a temporary but substantial disfigurement, or+which causes temporary but substantial loss or impairment of+the function of any bodily member or organ, or which causes+a fracture of any bodily member;+ (18) "Sudden passion", passion directly caused by and+arising out of provocation by the victim or another acting+with the victim which passion arises at the time of the+offense and is not solely the result of former provocation;+ [(16)] (19) "Technological abuse conduct", an act or+pattern of behavior that is intended to harm, threaten,+intimidate, control, stalk, harass, monitor, except as+otherwise permitted by law, another person, that occurs+using any form of technology, including internet enabled+devices, online platforms, computers, mobile devices,+cameras and imaging programs, apps, location tracking+devices, or any other emerging technologies;+ (20) "Trier", the judge or jurors to whom issues of+fact, guilt or innocence, or the assessment and declaration+of punishment are submitted for decision;++ 11+ [(17)] (21) "Views", the looking upon of another+person, with the unaided eye or with any device designed or+intended to improve visual acuity, for the purpose of+arousing or gratifying the sexual desire of any person.+ 565.050. 1. A person commits the offense of assault+in the first degree if he or she attempts to kill or+knowingly causes or attempts to cause [serious physical+injury] great bodily harm to another person.+ 2. The offense of assault in the first degree is a+class B felony unless in the course thereof the person+inflicts [serious physical injury] great bodily harm on the+victim, or if the victim of such assault is a special+victim, as the term "special victim" is defined under+section 565.002, in which case it is a class A felony.+ 565.052. 1. A person commits the offense of assault+in the second degree if he or she:+ (1) Attempts to kill or knowingly causes or attempts+to cause [serious physical injury] great bodily harm to+another person under the influence of sudden passion arising+out of adequate cause; or+ (2) Attempts to cause or knowingly causes [physical+injury ] bodily harm to another person by means of a deadly+weapon or dangerous instrument; or+ (3) Recklessly causes [serious physical injury] great+bodily harm to another person; or+ (4) Recklessly causes [physical injury] bodily harm to+another person by means of discharge of a firearm.+ 2. The defendant shall have the burden of injecting+the issue of influence of sudden passion arising from+adequate cause under subdivision (1) of subsection 1 of this+section.+ 3. The offense of assault in the second degree is a+class D felony, unless the victim of such assault is a++ 12+special victim, as the term "special victim" is defined+under section 565.002, in which case it is a class B felony.+ 565.054. 1. A person commits the offense of assault+in the third degree if he or she knowingly causes [physical+injury] bodily harm to another person.+ 2. The offense of assault in the third degree is a+class E felony, unless the victim of such assault is a+special victim, as the term "special victim" is defined+under section 565.002, in which case it is a class D felony.+ 565.056. 1. A person commits the offense of assault+in the fourth degree if:+ (1) The person attempts to cause or recklessly causes+[physical injury, physical pain, or illness] bodily harm to+another person;+ (2) With criminal negligence the person causes+[physical injury] bodily harm to another person by means of+a firearm;+ (3) The person purposely places another person in+apprehension of immediate [physical injury] bodily harm;+ (4) The person recklessly engages in conduct which+creates a substantial risk of death or [serious physical+injury] great bodily harm to another person;+ (5) The person knowingly causes or attempts to cause+physical contact with a person with a disability, which a+reasonable person, who does not have a disability, would+consider offensive or provocative; or+ (6) The person knowingly causes physical contact with+another person knowing the other person will regard the+contact as offensive or provocative.+ 2. Except as provided in subsection 3 of this section,+assault in the fourth degree is a class A misdemeanor.+ 3. Violation of the provisions of subdivision (3) or+(6) of subsection 1 of this section is a class C misdemeanor++ 13+unless the victim is a special victim, as the term "special+victim" is defined under section 565.002, in which case a+violation of such provisions is a class A misdemeanor.+ 565.072. 1. A person commits the offense of domestic+assault in the first degree if he or she attempts to kill or+knowingly causes or attempts to cause [serious physical+injury] great bodily harm to a domestic victim, as the term+"domestic victim" is defined under section 565.002.+ 2. The offense of domestic assault in the first degree+is a class B felony unless in the course thereof the person+inflicts serious physical injury on the victim, in which+case it is a class A felony.+ 565.073. 1. A person commits the offense of domestic+assault in the second degree if the act involves a domestic+victim, as the term "domestic victim" is defined under+section 565.002, and he or she:+ (1) Knowingly causes [physical injury] bodily harm to+such domestic victim by any means, including but not limited+to, use of a deadly weapon or dangerous instrument, or by+choking or strangulation; or+ (2) Recklessly causes [serious physical injury] great+bodily harm to such domestic victim; or+ (3) Recklessly causes [physical injury] bodily harm to+such domestic victim by means of any deadly weapon.+ 2. The offense of domestic assault in the second+degree is a class D felony.+ 565.074. 1. A person commits the offense of domestic+assault in the third degree if he or she attempts to cause+[physical injury] substantial bodily harm or knowingly+causes [physical pain or illness] bodily harm to a domestic+victim, as the term "domestic victim" is defined under+section 565.002.++ 14+ 2. The offense of domestic assault in the third degree+is a class E felony.+ 565.076. 1. A person commits the offense of domestic+assault in the fourth degree if the act involves a domestic+victim, as the term "domestic victim" is defined under+section 565.002, and:+ (1) The person attempts to cause or recklessly causes+[physical injury, physical pain, or illness] bodily harm to+such domestic victim;+ (2) With criminal negligence the person causes+[physical injury] bodily harm to such domestic victim by+means of a deadly weapon or dangerous instrument;+ (3) The person purposely places such domestic victim+in apprehension of immediate [physical injury] bodily harm+by any means;+ (4) The person recklessly engages in conduct which+creates a substantial risk of death or [serious physical+injury] great bodily harm to such domestic victim;+ (5) The person knowingly causes physical contact with+such domestic victim knowing he or she will regard the+contact as offensive; or+ (6) The person knowingly attempts to cause or causes+the isolation of such domestic victim by unreasonably and+substantially restricting or limiting his or her access to+other persons, telecommunication devices or transportation+for the purpose of isolation.+ 2. The offense of domestic assault in the fourth+degree is a class A misdemeanor, unless the person has+previously been found guilty of the offense of domestic+assault, of any assault offense under this chapter, or of+any offense against a domestic victim committed in violation+of any county or municipal ordinance in any state, any state+law, any federal law, or any military law which if committed++ 15+in this state two or more times would be a violation of this+section, in which case it is a class E felony. The offenses+described in this subsection may be against the same+domestic victim or against different domestic victims.+ 565.090. 1. A person commits the offense of+harassment in the first degree if he or she, without good+cause, engages in any act with the purpose to cause+emotional distress to another person, and such act does+cause such person to suffer emotional distress.+ 2. The offense of harassment in the first degree is a+class E felony, unless the defendant has previously been+found guilty of a violation of this section or section+565.091, or any offense committed in another jurisdiction+which, if committed in this state, would be chargeable or+indictable as a violation of any offense listed in this+section or section 565.091, in which case harassment in the+first degree is a class D felony.+ 3. This section shall not apply to activities of+federal, state, county, or municipal law enforcement+officers conducting investigations of violation of federal,+state, county, or municipal law.+ 565.091. 1. A person commits the offense of+harassment in the second degree if he or she, without good+cause, engages in any act with the purpose to cause+emotional distress to another person.+ 2. The offense of harassment in the second degree is a+class A misdemeanor, unless the [person has previously+pleaded guilty to or been found guilty of a violation of+this section, of any offense committed in violation of any+county or municipal ordinance in any state, any state law,+any federal law, or any military law which if committed in+this state would be chargeable or indictable as a violation+of any offense listed in this subsection, in which case it++ 16+is a class E felony] defendant has previously been found+guilty of a violation of this section or section 565.090, or+of any offense committed in another jurisdiction which, if+committed in this state, would be chargeable or indictable+as a violation of any offense listed in this section or+section 565.090, in which case harassment in the second+degree is a class E felony.+ 3. This section shall not apply to activities of+federal, state, county, or municipal law enforcement+officers conducting investigations of violations of federal,+state, county, or municipal law.+ 565.225. 1. [As used in this section and section+565.227, the term "disturbs" shall mean to engage in a+course of conduct directed at a specific person that serves+no legitimate purpose and that would cause a reasonable+person under the circumstances to be frightened,+intimidated, or emotionally distressed.+ 2.] A person commits the offense of stalking in the+first degree if he or she [purposely] knowingly, through+[his or her] a course of conduct[, disturbs or follows with+the intent of disturbing] that is directed at another person+[and] or through technological abuse conduct, engages in+conduct that would cause a reasonable person under similar+circumstances to:+ (1) [Makes a threat communicated with the intent to+cause the person who is the target of the threat to+reasonably] Fear [for his or her safety, the safety of his+or her family or household member, or the safety of domestic+animals or livestock as defined in section 276.606 kept at+such person's residence or on such person's property. The+threat shall be against the life of, or a threat to cause+physical] death or bodily injury to[, or the kidnapping of]+the person[,];++ 17+ (2) Fear that an offense will be committed against a+member of the person's family or household members, or [the+person's domestic animals or livestock as defined in section+276.606 kept at such person's residence or on such person's+property] an individual with whom the person has a dating+relationship; [or+ (2) At least one of the acts constituting the course+of conduct is in violation of an order of protection and the+person has received actual notice of such order; or]+ (3) [At least one of the actions constituting the+course of conduct is in violation of a condition of+probation, parole, pretrial release, or release on bond+pending appeal] Fear that an offense will be committed+against the person's property; or+ (4) [At any time during the course of conduct, the+other person is seventeen years of age or younger and the+person disturbing the other person is twenty-one years of+age or older; or+ (5) He or she has previously been found guilty of+domestic assault, violation of an order of protection, or+any other crime where the other person was the victim; or+ (6) At any time during the course of conduct, the+other person is a participant of the address confidentiality+program under sections 589.660 to 589.681, and the person+disturbing the other person knowingly accesses or attempts+to access the address of the other person] Feel harassed,+terrified, or intimidated.+ [3.] 2. Any law enforcement officer may arrest,+without a warrant, any person he or she has probable cause+to believe has violated the provisions of this section.+ [4.] 3. This section shall not apply to activities of+federal, state, county, or municipal law enforcement++ 18+officers conducting investigations of any violation of+federal, state, county, or municipal law.+ [5.] 4. The offense of stalking in the first degree is+a class E felony, unless the defendant has previously been+found guilty of a violation of this section or section+565.227, or any offense committed in another jurisdiction+which, if committed in this state, would be chargeable or+indictable as a violation of any offense listed in this+section or section 565.227, or unless the victim is+intentionally targeted as a law enforcement officer, as+defined in section 556.061, or the victim is targeted+because he or she is a relative within the second degree of+consanguinity or affinity to a law enforcement officer, in+which case stalking in the first degree is a class D felony.+ 565.227. 1. A person commits the offense of stalking+in the second degree if he or she [purposely, through his or+her course of] knowingly engages in a course of conduct[,+disturbs, or follows with the intent to disturb another+person] directed at a specific person or technological abuse+conduct which would cause a reasonable person under the+circumstances to feel harassed, terrified, or intimidated.+ 2. This section shall not apply to activities of+federal, state, county, or municipal law enforcement+officers conducting investigations of any violation of+federal, state, county, or municipal law.+ 3. Any law enforcement officer may arrest, without a+warrant, any person he or she has probable cause to believe+has violated the provisions of this section.+ 4. The offense of stalking in the second degree is a+class A misdemeanor, unless the defendant has previously+been found guilty of a violation of this section or section+565.225, or of any offense committed in another jurisdiction+which, if committed in this state, would be chargeable or++ 19+indictable as a violation of any offense listed in this+section or section 565.225, or unless the victim is+intentionally targeted as a law enforcement officer, as+defined in section 556.061, or the victim is targeted+because he or she is a relative within the second degree of+consanguinity or affinity to a law enforcement officer, in+which case stalking in the second degree is a class E felony.+ 565.260. 1. Except as provided in subsection 2 of this+section, a person commits the offense of unlawful tracking+of a motor vehicle if the person knowingly installs,+conceals, or otherwise places an electronic tracking device+in or on a motor vehicle without the consent of all owners+of the vehicle for the purpose of monitoring or following an+occupant or occupants of the vehicle. As used in this+section, "person" does not include the manufacturer of the+motor vehicle.+ 2. (1) It shall not be an offense under this section+if the installing, concealing, or placing of an electronic+tracking device in or on a motor vehicle is by, or at the+direction of, a law enforcement officer in furtherance of a+criminal investigation and such investigation is carried out+in accordance with applicable state and federal law.+ (2) If the installing, concealing, or placing of an+electronic tracking device in or on a motor vehicle is by,+or at the direction of, a parent or legal guardian who owns+or leases the vehicle, and if the device is used solely for+the purpose of monitoring the minor child of the parent or+legal guardian when the child is an occupant of the vehicle,+the installation, concealment, or placement of the device in+or on the vehicle without the consent of any or all+occupants of the vehicle shall not be an offense under this+section.++ 20+ (3) It shall not be an offense under this section if+the installing, concealing, or placing of an electronic+tracking device in or on a motor vehicle is for the purpose+of tracking the location of stolen goods being transported+in the vehicle or for the purpose of tracking the location+of the vehicle if the motor vehicle is stolen.+ (4) It shall not be an offense under this section if+the installing, concealing, or placing of an electronic+tracking device in or on a motor vehicle is by a legally+authorized representative of a vulnerable adult. As used in+this subdivision, "vulnerable adult" means any person+eighteen years of age or older who is impaired by reason of+mental illness, intellectual or developmental disability,+physical illness or disability, or other causes, including+age, to the extent the adult lacks sufficient understanding+or capacity to make, communicate, or carry out reasonable+decisions concerning his or her well-being or has one or+more limitations that substantially impair the adult's+ability to independently provide for his or her daily needs+or safeguard his or her person, property, or legal interests.+ (5) If the installing, concealing, or placing of an+electronic tracking device in or on a motor vehicle is by,+or at the direction of, a person who obtains consent from+all owners of the vehicle, the installation, concealment, or+placement of the device in or on the vehicle shall not be an+offense under this section.+ (6) It shall not be an offense under this section if+the installing, concealing, or placing of an electronic+tracking device in or on a motor vehicle is by a vehicle+rental, sharing, or leasing company that rents motor+vehicles for the purpose of tracking or managing the motor+vehicles owned by such company or providing services to+customers.++ 21+ (7) It shall not be an offense under this section if+the installing, concealing, or placing of an electronic+tracking device in or on a motor vehicle is by a lienholder+or agent of a lienholder acting to track the movement or+location of a motor vehicle in order to repossess the motor+vehicle.+ (8) It shall not be an offense under this section if+the installing, concealing, or placing of an electronic+tracking device in or on a motor vehicle is for any party to+participate in a voluntary usage-based insurance program.+"Voluntary usage-based insurance program" shall mean any+program implemented by, or on behalf of, an insurance+company that collects, records, or transmits information+relating to driving behavior of an insured party.+ 3. The provisions of this section shall not apply to a+tracking system installed by the manufacturer of a motor+vehicle.+ 4. The offense of unlawful tracking of a motor vehicle+is a class A misdemeanor for a first offense and a class E+felony for any second or subsequent offense.+ 565.400. 1. A person commits the offense of+cyberharassment if such person purposely or knowingly+engages in a threatening, aggressive, or otherwise fear-+inducing, course of conduct by using digital technology,+internet service providers, electronic service providers or+other electronic communications and devices cause reasonable+fear, alarm, anxiety, undo stress, or terror to others by+repeated contact with no legitimate purpose.+ 2. The first offense of cyberharassment shall be a+class B misdemeanor. A second and any subsequent offense+shall be a class A misdemeanor.+ 565.405. 1. A person commits the offense of+cyberstalking if such person purposely or knowingly engages++ 22+in a threatening, aggressive, or otherwise fear-inducing,+course of conduct by using digital technology, internet+service providers, electronic service providers or other+electronic communications and devices to enhance the ability+to intimidate, track, follow or cause reasonable fear,+alarm, anxiety, undo stress, or terror to another person.+ 2. The first offense of cyberstalking shall be a class+A misdemeanor. A second and any subsequent offense shall be+a class E felony.+ 573.570. 1. As used in this section, the following+terms mean:+ (1) "Depicted individual", an individual who, as a+result of digitization or by means of digital manipulation,+appears in whole or in part in an intimate digital depiction+and who is identifiable by virtue of the individual's face,+likeness, or other distinguishing characteristic, such as a+unique birthmark or other recognizable feature, or from+information displayed in connection with the digital+depiction;+ (2) "Digital depiction", a realistic visual depiction+of an individual that has been created or altered using+digital manipulation;+ (3) "Information content providers", any person or+entity that is responsible, in whole or in part, for the+creation or development of information provided through the+internet or any other interactive computer service;+ (4) "Intimate digital depiction", a digital depiction+of an individual that has been created or altered using+digital manipulation and that depicts:+ (a) The uncovered genitals, pubic area, anus, or+postpubescent female nipple of an identifiable individual;+ (b) The display or transfer of bodily sexual fluids:++ 23+ a. Onto any part of the body of an identifiable+individual; or+ b. From the body of an identifiable individual; or+ (c) An identifiable individual engaging in sexually+explicit conduct;+ (5) "Sexually explicit conduct", actual or simulated:+ (a) Sexual intercourse, including genital-genital,+oral-genital, anal-genital, or oral-anal, whether between+persons of the same or opposite sex;+ (b) Bestiality;+ (c) Masturbation;+ (d) Sadistic or masochistic abuse; or+ (e) Lascivious exhibition of the genitals or pubic+area of any person.+ 2. A person commits the offense of disclosure of an+intimate digital depiction if the person:+ (1) Discloses an intimate digital depiction:+ (a) With the intent to harass, annoy, threaten, alarm,+or cause substantial harm to the finances or reputation of+the depicted individual; or+ (b) With the actual knowledge that, or reckless+disregard for whether, such disclosure will cause physical,+emotional, reputational, or economic harm to the depicted+individual; or+ (2) Threatens to disclose an intimate digital+depiction:+ (a) With the intent to harass, annoy, threaten, alarm,+or cause substantial harm to the finances or reputation of+the depicted individual; or+ (b) With the actual knowledge that, or reckless+disregard for whether, such threatened disclosure will cause+physical, emotional, reputational, or economic harm to the+depicted individual.++ 24+ 3. (1) A violation of subdivision (1) of subsection 2+of this section shall be a class D felony.+ (2) A violation of subdivision (2) of subsection 2 of+this section shall be a class E felony.+ (3) A violation of subsection 2 of this section shall+be a class C felony if:+ (a) The violation is a second or other subsequent+violation of subsection 2 of this section; or+ (b) The violation is such that the digital depiction+could be reasonably expected to:+ a. Affect the conduct of any administrative,+legislative, or judicial proceeding of a federal, state,+local, or tribal government agency, including the+administration of an election or the conduct of foreign+relations; or+ b. Facilitate violence.+ 4. It shall not be a defense to an offense of+disclosure of an intimate digital depiction under this+section that there is a disclaimer stating that the intimate+digital depiction of the depicted individual was+unauthorized or that the depicted individual did not+participate in the creation or development of the digital+depiction.+ 5. For the purposes of this section, a provider of an+interactive computer service shall not be held to have+committed the offense of disclosure of an intimate digital+depiction due to:+ (1) Any action voluntarily taken in good faith to+restrict access to or availability of intimate digital+depictions; or+ (2) Any action taken to enable or make available to+information content providers or other persons the technical+means to restrict access to intimate digital depictions.++ 25+ 573.575. 1. A person commits the offense of sadistic+online exploitation if he or she:+ (1) Uses the internet to manipulate, intimidate, hurt,+scare, control, or threaten a victim to undergo suffering+through forcing their submission, use of violence, self-+harm, or destruction for sadistic or sinister purposes;+ (2) Coerces a victim into performing self-harm, animal+harm, harming another person, sharing person information, or+suicidal actions or ideations;+ (3) Uses non-physical forms of coercion, manipulation,+shame or fear to extort another person into providing+sexually explicit content then using such content to further+extort, threaten, or control the victim; or+ (4) Uses intimate depictions as devices to threaten or+coerce a victim by demanding any kind of financial gain.+ 2. The offense of sadistic online exploitation shall+be a class E felony.
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.