Text of MO SB 1272 (2024)

SECOND REGULAR SESSION SENATE BILL NO. 1272 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR SCHROER. 4605S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 573.550, RSMo, and to enact in lieu thereof two new sections relating to providing explicit sexual material to a student, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 573.550, RSMo, is repealed and two new 1 sections enacted in lieu thereof, to be known as sections 2 67.5127 and 573.550, to read as follows: 3 67.5127. Any library district or school district that 1 employs a person who has been found guilty of the offense of 2 providing explicit sexual material to a student as defined 3 in section 573.550, shall no longer be eligible to receive 4 any funds raised by the state. 5 573.550. 1. A person commits the offense of providing 1 explicit sexual material to a student if such person is 2 affiliated with a public or private elementary or secondary 3 school in an official capacity and, knowing of its content 4 and character, such person provides, assigns, supplies, 5 distributes, loans, approves, or coerces acceptance of or 6 the approval of the providing of explicit sexual material to 7 a student or possesses with the purpose of providing, 8 assigning, supplying, distributing, loaning, approving, or 9 coercing acceptance of or the approval of the providing of 10 explicit sexual material to a student. 11 2. The offense of providing explicit sexual material 12 to a student is a class A misdemeanor. 13 SB 1272 2 3. As used in this section, the following terms shall 14 mean: 15 (1) "Explicit sexual material", any pictorial, three- 16 dimensional, or visual depiction, including any photography, 17 film, video, picture, or computer-generated image, showing 18 human masturbation, deviate sexual intercourse as defined in 19 section 566.010, sexual intercourse, direct physical 20 stimulation of genitals, sadomasochistic abuse, or 21 emphasizing the depiction of postpubertal human genitals; 22 provided, however, that works of art, when taken as a whole, 23 that have serious artistic significance, or works of 24 anthropological significance, or materials used in science 25 courses, including but not limited to materials used in 26 biology, anatomy, physiology, and sexual education classes 27 shall not be deemed to be within the foregoing definition; 28 (2) "Person affiliated with a public or private 29 elementary or secondary school in an official capacity", an 30 administrator, teacher, librarian, media center personnel, 31 substitute teacher, teacher's assistant, student teacher, 32 law enforcement officer, school board member, library board 33 member, school bus driver, guidance counselor, coach, guest 34 lecturer, guest speaker, or other nonschool employee who is 35 invited to present information to students by a teacher, 36 administrator, or other school employee. Such term shall 37 not include a student enrolled in the elementary or 38 secondary school. 39 