Missouri Revised Statutes

Mo. Rev. Stat. § 589.425 (2026)

Failure to register, penalty

✓ current as of May 2026

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589.425. Failure to register, penalty — subsequent violations, penalty. — 1. A person commits the crime of failing to register as a sex offender when the person is required to register under sections 589.400 to 589.425 and fails to comply with any requirement of sections 589.400 to 589.425. Failing to register as a sex offender is a class E felony unless the person is required to register based on having committed an offense in chapter 566 which was an unclassified felony, a class A or B felony, or a felony involving a child under the age of fourteen, in which case it is a class D felony.

2. A person commits the crime of failing to register as a sex offender as a second offense by failing to comply with any requirement of sections 589.400 to 589.425 and he or she has previously pled guilty to or has previously been found guilty of failing to register as a sex offender. Failing to register as a sex offender as a second offense is a class E felony unless the person is required to register based on having committed an offense in chapter 566, or an offense in any other state or foreign country, or under federal, tribal, or military jurisdiction, which if committed in this state would be an offense under chapter 566 which was an unclassified felony, a class A or B felony, or a felony involving a child under the age of fourteen, in which case it is a class D felony.

3. (1) A person commits the crime of failing to register as a sex offender as a third offense by failing to meet the requirements of sections 589.400 to 589.425 and he or she has, on two or more occasions, previously pled guilty to or has previously been found guilty of failing to register as a sex offender. Failing to register as a sex offender as a third offense is a felony which shall be punished by a term of imprisonment of not less than ten years and not more than thirty years.

(2) No court may suspend the imposition or execution of sentence of a person who pleads guilty to or is found guilty of failing to register as a sex offender as a third offense. No court may sentence such person to pay a fine in lieu of a term of imprisonment.

(3) A person sentenced under this subsection shall not be eligible for conditional release or parole until he or she has served at least two years of imprisonment.

(4) Upon release, an offender who has committed failing to register as a sex offender as a third offense shall be electronically monitored as a mandatory condition of supervision. Electronic monitoring may be based on a global positioning system or any other technology which identifies and records the offender's location at all times.

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(L. 1997 H.B. 883, A.L. 1998 H.B. 1405, et al., A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B. 1055, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al., A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions

Cited in 23 cases (4 in the last 5 years), 2005–2025 · leading case: State v. Younger, 386 S.W.3d 848 (Mo. Ct. App. 2012).

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State v. Younger, 386 S.W.3d 848 (Mo. Ct. App. 2012). · cites it 10× “Specifically, Younger alleges that there was insufficient evidence that he was a person required to register, that he had changed his residence, or that he acted knowingly, each of which were essential elements of his offense. We disagree.”

State v. Graham, 549 S.W.3d 533 (Mo. Ct. App. 2018). · cites it 18× “Witt, Judge Appellant Everett Graham ("Graham") appeals his conviction for failing to register as a sex offender, section 589.425, 1 following a jury trial in Harrison County, Missouri.”

State v. Hardin, 429 S.W.3d 417 (Mo. 2014). · cites it 3× “, section 589.425, RSMo Supp. 2006 (authorizing a sentence “of not less than ten years and not more than thirty years”).”

People v. Carmony, 2005 Cal. Daily Op. Serv. 2601 (Cal. Ct. App. 2005). · cites it 2× “6 § 178F1/2 and 178H; [wobbler]; Mo.Rev.Stat. § 589.425(1); N.H.Rev.Stat. § 651-B:9(II); N.”

RICKY LEE STROSNIDER v. COLONEL RONALD REPLOGLE, Missouri State High. Patrol Superintendent, Defendant-Respondent, & RANDY MARTIN, Crawford Cnty. Sheriff's Dep't, & J. KENT HOWALD, Crawford Cnty. Prosecutor, Defendants-Respondents., 502 S.W.3d 756 (Mo. Ct. App. 2016). · cites it 6× “Instead, he analogizes to the requirement that a criminal defendant must act knowingly in order to be found guilty of having committed the criminal offense of failure to register in violation of section 589.”

State of Missouri v. William Wilder, 457 S.W.3d 354 (Mo. Ct. App. 2015). · cites it 12× “Section 589.425, beyond a reasonable doubt.”

R.W. v. Sanders, 168 S.W.3d 65 (Mo. 2005). · cites it 2× “Section 589.425. On March 30, 1994, R.W. was charged with one count of sodomy and one count of *68 sexual assault in the first degree.”

In RE: Graham Kersting v. Superintendent Ron Reploge, Missouri State High. Patrol, 492 S.W.3d 600 (Mo. Ct. App. 2016). · cites it 2× “Section 589.425 specifies the punishments for those who fail to comply with the statutory registration requirements.”

R.A.L. v. Phelps Cnty. Juv. Off. (In re Interest of J.A.L.), 547 S.W.3d 804 (Mo. Ct. App. 2018). · cites it 3× “400-425, in violation of section 589.425, RSMo Cum.Supp. (2009). On February 6, 2014, Father was sentenced to four years in the DOC for this violation.”

State v. Jacobs, 421 S.W.3d 507 (Mo. Ct. App. 2013). · cites it 2× “See § 589.425. 1 He argues there was insufficient evidence to support his conviction.”

State v. BOEJI, 352 S.W.3d 625 (Mo. Ct. App. 2011). · cites it 9× “We review de novo Boeji’s claim that § 589.425 1 is unconstitutionally retrospective as applied to him.”

Mason v. State, 563 S.W.3d 166 (Mo. Ct. App. 2018). · cites it 6× “This omission was discovered, and Mason was charged with the class D felony of failure to register as a sex offender, pursuant to section 589.425. At his plea hearing on March 24, 2016, Mason admitted these facts, and entered a plea of guilty.”

Show all 23 citing cases →

— Mo. Rev. Stat. § 589.425(1) — 1 case

People v. Carmony, 2005 Cal. Daily Op. Serv. 2601 (Cal. Ct. App. 2005). “6 § 178F1/2 and 178H; [wobbler]; Mo.Rev.Stat. § 589.425(1); N.H.Rev.Stat. § 651-B:9(II); N.”

— Mo. Rev. Stat. § 589.425(2) — 1 case

People v. Carmony, 2005 Cal. Daily Op. Serv. 2601 (Cal. Ct. App. 2005). “6 § 178F1/2 and 178H; [wobbler]; Mo.Rev.Stat. § 589.425(1); N.H.Rev.Stat. § 651-B:9(II); N.”

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