OSTMANN, CIERPIOT, CHAMPION, SALLEE, BARTELSMEYER AND LEVIN.

Pre-filed December 2, 1996 and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L0025.02I

To amend chapter 566, RSMo, relating to sexual offenses by adding thereto one new section relating to sexual misconduct involving children, 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 one new section, to be known as section 566.083, 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 the conduct is likely to 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; or

(3) 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 the child less than fourteen years of age.

2. As used in this section, the term "sexual act" means any of the following, whether performed or engaged in either with any other person or alone: sexual or anal intercourse, masturbation, bestiality, sadism, masochism, fetishism, fellatio, cunnilingus, any other sexual activity or nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any individual who may view such depiction.

3. Violation of this section is a class D felony; except that the second or any subsequent violation of this section is a class C felony.