Mo. Rev. Stat. » Chapter 589
Missouri Revised Statutes

Mo. Rev. Stat. § 589.404 (2026)

Definitions

✓ current as of May 2026
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  589.404.  Definitions. — As used in sections 589.400 to 589.425, the following terms mean:

  (1)  "Adjudicated" or "adjudication", adjudication of delinquency, a finding of guilt, plea of guilt, finding of not guilty due to mental disease or defect, or plea of nolo contendere to committing, attempting to commit, or conspiring to commit;

  (2)  "Adjudicated delinquent", a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

  (3)  "Chief law enforcement official", the sheriff's office of each county or the police department of a city not within a county;

  (4)  "Offender registration", the required minimum informational content of sex offender registries, which shall consist of, but not be limited to, a full set of fingerprints on a standard sex offender registration card upon initial registration in Missouri, as well as all other forms required by the Missouri state highway patrol upon each initial and subsequent registration;

  (5)  "Residence", any place where an offender sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period;

  (6)  "Sex offender", any person who meets the criteria to register under sections 589.400 to 589.425 or the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248;

  (7)  "Sex offense", any offense which is listed under section 589.414 or comparable to those listed under section 589.414 or otherwise comparable to offenses covered under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248;

  (8)  "Sexual act", any type or degree of genital, oral, or anal penetration;

  (9)  "Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual contact;

  (10)  "Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come into contact with another person, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;

  (11)  "Sexual element", used for the purposes of distinguishing if sexual contact or a sexual act was committed.  Authorities shall refer to information filed by the prosecutor, amended information filed by the prosecutor, indictment information filed by the prosecutor, or amended indictment information filed by the prosecutor, the plea agreement, or court documentation to determine if a sexual element exists;

  (12)  "Signature", the name of the offender signed in writing or electronic form approved by the Missouri state highway patrol;

  (13)  "Student", an individual who enrolls in or attends the physical location of an educational institution, including a public or private secondary school, trade or professional school, or an institution of higher education;

  (14)  "Vehicle", any land vehicle, watercraft, or aircraft.

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(L. 2018 S.B. 655, A.L. 2022 S.B. 775, et al.)

Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 1995–2024 · leading case: Kelly v. Gammon, 903 S.W.2d 248 (Mo. Ct. App. 1995).
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Kelly v. Gammon, 903 S.W.2d 248 (Mo. Ct. App. 1995). · cites it 2× “In 1980, the Missouri legislature promulgated § 589.404, RSMo 1986, which established MOSOP.”
John Doe v. Kurt Frisz, Chief Law Enf't Officer, St. Charles Cnty., Missouri (Mo. 2022). · cites it 8× “But section 589.404 applies to SORA, not SORNA, and Sheriff Frisz argues Doe must register under SORA only because he is required to register under the catchall provision of SORNA.”
J.B. v. Paul C. Vescovo, III (Mo. Ct. App. 2021). · cites it 6× “400 instead of section 589.404. 4 “‘Any time a court is called upon to apply a statute, the primary obligation is to ascertain the intent of the legislature from the language used, to give effect to that intent if possible, and to consider the words in their plain and ordinary…”
State of Missouri, Plaintiff-respondent v. Michael Paul Shands (Mo. Ct. App. 2023). · cites it 5× “404 was amended to statutorily define an offender’s “residence” in the following way: “Residence”, any place where an offender sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period[.] § 589.404(5) RSMo Cum. Supp.”
Eric Edward Bacon v. Missouri State High. Patrol, Colonel David Todd & St. Charles Cnty. Prosecuting Attorney (Mo. Ct. App. 2020). · cites it 2× “The legislature intended for those currently on the registry to get the benefit of the new shorter registration time periods for offenses that are now deemed to be in the lower severity tiers: “any person currently on the sexual offender registry for having been adjudicated for…”
State of Missouri v. Anthony Jamal Shepherd (Mo. Ct. App. 2021). · cites it 2× “] (Bold emphasis in original) § 589.404(1). The offense at issue here is referenced in section 589.”
Missouri State High. Patrol v. Eric William Cooley (Mo. Ct. App. 2024). · cites it 2× “In doing so, the court interpreted the outcome of Cooley’s Wyoming case as analogous to a suspended imposition of sentence in Missouri, which constitutes an adjudication of guilt under Section 589.404(1). The court concluded that an adjudication of guilt required Cooley, under…”
Danny Joe Dixon v. Missouri State High. Patrol (Mo. Ct. App. 2019). ““Adjudicated” is defined to include “a finding of guilt [and] plea of guilt,” § 589.404(1), and accordingly includes persons who receive a suspended imposition of sentence following a guilty plea.”
Mo. Rev. Stat. § 589.404(1): 5 cases
Eric Edward Bacon v. Missouri State High. Patrol, Colonel David Todd & St. Charles Cnty. Prosecuting Attorney (Mo. Ct. App. 2020). “The legislature intended for those currently on the registry to get the benefit of the new shorter registration time periods for offenses that are now deemed to be in the lower severity tiers: “any person currently on the sexual offender registry for having been adjudicated for…”
State of Missouri v. Anthony Jamal Shepherd (Mo. Ct. App. 2021). “] (Bold emphasis in original) § 589.404(1). The offense at issue here is referenced in section 589.”
J.B. v. Paul C. Vescovo, III (Mo. Ct. App. 2021). “400 instead of section 589.404. 4 “‘Any time a court is called upon to apply a statute, the primary obligation is to ascertain the intent of the legislature from the language used, to give effect to that intent if possible, and to consider the words in their plain and ordinary…”
Missouri State High. Patrol v. Eric William Cooley (Mo. Ct. App. 2024). “In doing so, the court interpreted the outcome of Cooley’s Wyoming case as analogous to a suspended imposition of sentence in Missouri, which constitutes an adjudication of guilt under Section 589.404(1). The court concluded that an adjudication of guilt required Cooley, under…”
Danny Joe Dixon v. Missouri State High. Patrol (Mo. Ct. App. 2019). ““Adjudicated” is defined to include “a finding of guilt [and] plea of guilt,” § 589.404(1), and accordingly includes persons who receive a suspended imposition of sentence following a guilty plea.”
Mo. Rev. Stat. § 589.404(10): 1 case
John Doe v. Kurt Frisz, Chief Law Enf't Officer, St. Charles Cnty., Missouri (Mo. 2022). “But section 589.404 applies to SORA, not SORNA, and Sheriff Frisz argues Doe must register under SORA only because he is required to register under the catchall provision of SORNA.”
Mo. Rev. Stat. § 589.404(5): 1 case
State of Missouri, Plaintiff-respondent v. Michael Paul Shands (Mo. Ct. App. 2023). “404 was amended to statutorily define an offender’s “residence” in the following way: “Residence”, any place where an offender sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period[.] § 589.404(5) RSMo Cum. Supp.”
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