Effective - 01 Jan 2017, 3 histories
632.480. Definitions. — As used in sections 632.480 to 632.513, the following terms mean:
(1) "Agency with jurisdiction", the department of corrections or the department of mental health;
(2) "Mental abnormality", a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others;
(3) "Predatory", acts directed towards individuals, including family members, for the primary purpose of victimization;
(4) "Sexually violent offense", the felonies of rape in the first degree, forcible rape, rape, statutory rape in the first degree, sodomy in the first degree, forcible sodomy, sodomy, statutory sodomy in the first degree, or an attempt to commit any of the preceding crimes, or child molestation in the first, second, third, or fourth degree, sexual abuse, sexual abuse in the first degree, rape in the second degree, sexual assault, sexual assault in the first degree, sodomy in the second degree, deviate sexual assault, deviate sexual assault in the first degree, or the act of abuse of a child involving either sexual contact, a prohibited sexual act, sexual abuse, or sexual exploitation of a minor, or any felony offense that contains elements substantially similar to the offenses listed above;
(5) "Sexually violent predator", any person who suffers from a mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence if not confined in a secure facility and who:
(a) Has pled guilty or been found guilty in this state or any other jurisdiction, or been found not guilty by reason of mental disease or defect pursuant to section 552.030, of a sexually violent offense; or
(b) Has been committed as a criminal sexual psychopath pursuant to section 632.475 and statutes in effect before August 13, 1980.
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(L. 1998 H.B. 1405, et al. § 1, A.L. 2001 S.B. 267, A.L. 2013 H.B. 215 merged with S.B. 188, A.L. 2014 S.B. 491 merged with S.B. 621)
Effective 1-01-17
(2015) Amendment to definition of sexually violent offense in 2013 was clearly intended to apply retroactively and thus is not unconstitutional under Article I, Section 10. In Matter of the Care & Treatment of Murphy, 477 S.W.3d 77 (Mo.App.E.D.).
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 632 - Comprehensive Psychiatric Services
Section 632.005 - Definitions.
Section 632.010 - Responsibilities, powers, functions and duties of division.
Section 632.015 - Division director to be chief administrative officer.
Section 632.025 - Services to be provided.
Section 632.030 - Department to develop state plan, contents.
Section 632.035 - Department director to establish regions.
Section 632.045 - Duties of regional advisory councils — plans — employment of staff.
Section 632.050 - Division to identify community-based services.
Section 632.055 - Division to provide services.
Section 632.060 - Department may establish outpatient clinics — cooperation with others.
Section 632.115 - Juveniles to be admitted by heads of facilities when committed.
Section 632.300 - Procedure when a likelihood of serious harm is alleged.
Section 632.312 - Transportation costs, sheriff may be reimbursed.
Section 632.315 - Copies of admission application to be furnished.
Section 632.320 - Time limits for certain procedures.
Section 632.325 - Information to be furnished to patient and others, when.
Section 632.330 - Additional detention and treatment may be requested — contents of petition.
Section 632.350 - Conduct of hearing — jury question — result.
Section 632.360 - Discharge of patient, when — procedure.
Section 632.365 - Where detention to take place.
Section 632.380 - Provisions of chapter not to apply to certain persons.
Section 632.400 - Reexamination of detained person.
Section 632.405 - Prosecutor's duties.
Section 632.410 - Venue — change of jurisdiction.
Section 632.420 - Certain examining physicians to be paid by state.
Section 632.435 - Habeas corpus.
Section 632.445 - No liability for petitioners.
Section 632.450 - Representation by attorney required — duties of attorney.
Section 632.455 - Patient, absent without permission, return may be requested, when.
Section 632.480 - Definitions.
Section 632.492 - Trial — procedure — assistance of counsel, right to jury, when.
Section 632.501 - Petition for release — hearing (when director approves).
Section 632.504 - Subsequent petitions for release — approval or denial procedures.
Section 632.507 - Attorney general to inform victims — notification of proceedings.
Section 632.510 - Release of information, when.
Section 632.513 - Sealed records of proceedings — access permitted, when.
Section 632.525 - Abrogation of case law, sexually violent offense definition.
Section 632.550 - Definitions.
Section 632.555 - Governing board for project, members, terms, duties.
Section 632.557 - Reports to governor and general assembly.