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.
Notes of Decisions
Care & Treatment of Kirk v. State, 520 S.W.3d 443 (Mo. 2017).
· cites it 24× “Wilson, Judge Following a jury trial, Carl Kirk (“Kirk”) was committed to the custody of the Department of Mental Health under the Sexually Violent Predator Act, sections 632.480 through 632.525 1 (the “SVPA” or the “Act”).”
Care & Treatment of Murrell v. State, 215 S.W.3d 96 (Mo. 2007).
· cites it 34× “As a result, if a previously convicted sexually violent offender is found to have a mental abnormality making him *103 dangerous at the time of scheduled release, sections 632.480 et. seq. establish the process pursuant to which he or she may be civilly committed.”
In Re the Care & Treatment of Norton, 123 S.W.3d 170 (Mo. 2004).
· cites it 26× “492 guarantees that any person subject to the SVP evaluation "shall be entitled to assistance of counsel" during his or her interview because the evaluation is part of the "proceedings pursuant to sections 632.480 to 632.513." "The primary rule of statutory construction is to…”
In re J.D.B., 541 S.W.3d 662 (Mo. Ct. App. 2017).
· cites it 23× “Under the § 632.480, RSMo 1999, the State had the burden of providing evidence that the individual at issue "was more likely than not to engage in acts directed towards strangers or individuals with whom relationships had been established or promoted for the primary purpose of…”
Robertson v. State, 392 S.W.3d 1 (Mo. Ct. App. 2012).
· cites it 33× “The State of Missouri appeals a judgment entered by the Probate Division of the Circuit Court of Jackson County, which dismissed the State’s petition to have Eric Robertson involuntarily committed as a sexually violent predator pursuant *2 to §§ 632.480 to 632.518 (the “SVP…”
Grado v. State, 559 S.W.3d 888 (Mo. 2018).
· cites it 7× “Laura Denvir Stith, Judge Nicholas Grado appeals the circuit court's judgment committing him to the custody of the Department of Mental Health under the Sexually Violent Predator Act, sections 632.480 through 632.525 (the "Act").”
In Re the Care & Treatment of Van Orden, 271 S.W.3d 579 (Mo. 2008).
· cites it 12× “Because of their previous convictions, the state filed a petition for civil commitment of Van Orden and Wheeler as sexually violent predators pursuant to section 632.480 et seq. [1] The court, in the case of Wheeler, and the jury, in the case of Van Orden, found that they met…”
Holtcamp v. State, 259 S.W.3d 537 (Mo. 2008).
· cites it 14× “[2] Sections 632.480 to 632.513, RSMo 2000, and, where since amended, RSMo Supp.”
In re Care & Treatment of Gormon, 371 S.W.3d 100 (Mo. Ct. App. 2012).
· cites it 19× “6, required a finding by the jury by clear and convincing evidence that Appellant is an SVP as such term is defined in Section 632.480 but not a finding as to whether Appellant’s 1978 rape conviction constituted a sexually violent offense because the latter issue had already…”
— Mo. Rev. Stat. § 632.480(1) — 1 case
— Mo. Rev. Stat. § 632.480(2) — 39 cases
Care & Treatment of Murrell v. State, 215 S.W.3d 96 (Mo. 2007).
“As a result, if a previously convicted sexually violent offender is found to have a mental abnormality making him *103 dangerous at the time of scheduled release, sections 632.480 et. seq. establish the process pursuant to which he or she may be civilly committed.”
In Re the Care & Treatment of Norton, 123 S.W.3d 170 (Mo. 2004).
“492 guarantees that any person subject to the SVP evaluation "shall be entitled to assistance of counsel" during his or her interview because the evaluation is part of the "proceedings pursuant to sections 632.480 to 632.513." "The primary rule of statutory construction is to…”
Holtcamp v. State, 259 S.W.3d 537 (Mo. 2008).
“[2] Sections 632.480 to 632.513, RSMo 2000, and, where since amended, RSMo Supp.”
— Mo. Rev. Stat. § 632.480(3) — 13 cases
In re J.D.B., 541 S.W.3d 662 (Mo. Ct. App. 2017).
“Under the § 632.480, RSMo 1999, the State had the burden of providing evidence that the individual at issue "was more likely than not to engage in acts directed towards strangers or individuals with whom relationships had been established or promoted for the primary purpose of…”
— Mo. Rev. Stat. § 632.480(4) — 28 cases
Robertson v. State, 392 S.W.3d 1 (Mo. Ct. App. 2012).
“The State of Missouri appeals a judgment entered by the Probate Division of the Circuit Court of Jackson County, which dismissed the State’s petition to have Eric Robertson involuntarily committed as a sexually violent predator pursuant *2 to §§ 632.480 to 632.518 (the “SVP…”
Care & Treatment of Kirk v. State, 520 S.W.3d 443 (Mo. 2017).
“Wilson, Judge Following a jury trial, Carl Kirk (“Kirk”) was committed to the custody of the Department of Mental Health under the Sexually Violent Predator Act, sections 632.480 through 632.525 1 (the “SVPA” or the “Act”).”
In re Care & Treatment of Gormon, 371 S.W.3d 100 (Mo. Ct. App. 2012).
“6, required a finding by the jury by clear and convincing evidence that Appellant is an SVP as such term is defined in Section 632.480 but not a finding as to whether Appellant’s 1978 rape conviction constituted a sexually violent offense because the latter issue had already…”
In Re the Care & Treatment of Norton, 123 S.W.3d 170 (Mo. 2004).
“492 guarantees that any person subject to the SVP evaluation "shall be entitled to assistance of counsel" during his or her interview because the evaluation is part of the "proceedings pursuant to sections 632.480 to 632.513." "The primary rule of statutory construction is to…”
Grado v. State, 559 S.W.3d 888 (Mo. 2018).
“Laura Denvir Stith, Judge Nicholas Grado appeals the circuit court's judgment committing him to the custody of the Department of Mental Health under the Sexually Violent Predator Act, sections 632.480 through 632.525 (the "Act").”
— Mo. Rev. Stat. § 632.480(5) — 91 cases
Care & Treatment of Kirk v. State, 520 S.W.3d 443 (Mo. 2017).
“Wilson, Judge Following a jury trial, Carl Kirk (“Kirk”) was committed to the custody of the Department of Mental Health under the Sexually Violent Predator Act, sections 632.480 through 632.525 1 (the “SVPA” or the “Act”).”
In re J.D.B., 541 S.W.3d 662 (Mo. Ct. App. 2017).
“Under the § 632.480, RSMo 1999, the State had the burden of providing evidence that the individual at issue "was more likely than not to engage in acts directed towards strangers or individuals with whom relationships had been established or promoted for the primary purpose of…”
Grado v. State, 559 S.W.3d 888 (Mo. 2018).
“Laura Denvir Stith, Judge Nicholas Grado appeals the circuit court's judgment committing him to the custody of the Department of Mental Health under the Sexually Violent Predator Act, sections 632.480 through 632.525 (the "Act").”
— Mo. Rev. Stat. § 632.480(5)(a) — 22 cases
Holtcamp v. State, 259 S.W.3d 537 (Mo. 2008).
“[2] Sections 632.480 to 632.513, RSMo 2000, and, where since amended, RSMo Supp.”
In re Care & Treatment of Gormon, 371 S.W.3d 100 (Mo. Ct. App. 2012).
“6, required a finding by the jury by clear and convincing evidence that Appellant is an SVP as such term is defined in Section 632.480 but not a finding as to whether Appellant’s 1978 rape conviction constituted a sexually violent offense because the latter issue had already…”
— Mo. Rev. Stat. § 632.480(5)(b) — 1 case
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