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About the registry
The Missouri State Highway Patrol Sex Offender Registry lists any person who since Jan. 1, 1995, has been convicted, found guilty of, pleaded guilty to, or found not guilty by reason of mental disease of rape; attempted rape; statutory rape; sexual assault; sodomy; statutory sodomy; child molestation; deviate sexual assault; sexual misconduct/abuse; unlawful sex with an animal; enticement of a child; promotion or possession of child pornography; and use of a child in a sexual performance. Also kidnapping (if not the parent or guardian); felonious restraint; incest; promotion of prostitution; sexual exploitation of a child; sexual trafficking of a child; contribute to human trafficking; promoting obscenity; furnishing pornographic material to minors; sexual contact with student by teacher on public school property; illegal sexual intercourse with a resident of a skilled nursing facility; endangering the welfare of a child; and genital mutilation that involved a victim under the age of 18.
The registry includes people who have been required to register in another state, foreign country, or under federal or military law.

The site cautions users that not all listed offenders are sexual predators and being on the list does not mean they are dangerous or to be feared.
These records are updated daily in an effort to assure that the information on the Web site is complete and accurate; however, the Patrol makes no representation, express or implied, that the information contained on the web site is accurate.
For a complete list of sexual offenders in the state of Missouri, click on Shattering the Silence on our Web site, go to Resources and then click on Statistics.
This gives you a searchable data base where you make either type in an individual's name or you may search county by county for a complete list of all offenders in your county.

Video Clip(s)
Governor Matt Blunt speaks about the steps the state has taken to crack down on Internet predators and pedophiles.

Convicted child sex offenders can expect a wide range of sentences in prison along with treatment in a program that makes them accountable and helps them change their behaviors.

Regardless of the severity of their crime, most released sex offenders can plan to spend a lifetime on the state’s sex registry. The controversial practice of publishing registered sex offenders’ names, addresses, photos and information about their crime has been upheld in the U.S. Supreme Court. However, research raises questions about the registry’s effectiveness in keeping children safe.

See Registry

Sex offender lists include a wide range of sex crimes and do not take into account whether the person has been through — or is continuing — treatment, said Dr. Jeannie Thies, a professor at Lindenwood University in St. Charles whose expertise includes sex offender treatment and management, offender risk assessment and criminal thinking errors.

Just because a person is not on a sex offender list, it does not mean he or she does not sexually abuse children.

“They’re not all caught,” Thies said. “You have to be vigilant and realize the system can’t do it all.”

Wide range of sentences

Child sex exploitation charges may be on the state or federal levels. Increasingly, offenders caught with child pornography are charged in federal court rather than state, because federal sentences are higher on that charge.

A person convicted of a federal charge of possession of child pornography can be imprisoned up to 10 years for the first offense and for 10 years and up on the second offense. Also, federal prisoners serve at least 85 percent of their time, said Assistant U.S. Attorney Carrie Costantin of the Eastern District of Missouri. State child pornography charges are class D felonies, which carry a sentence of two to four years in prison, or a year or less in jail or a fine not to exceed $5,000 — or any combination of the three.

On the other hand, state sentences are longer than federal sentences for child molestation.

In December, Gov. Matt Blunt proposed the death penalty as a possible sentence for rape and sodomy when the victim is younger than 12. Ste. Genevieve County Prosecutor Tim Inman said he is not sure how he feels about that. While it might provide prosecutors with extra leverage against offenders, some children already are reluctant to speak out against an offending parent who will go to prison if convicted, Inman noted.

“It’s a lot of burden to put on the victim, and a lot depends on the support they have from other family members,” he said. “A lot of time you see these knee-jerk reactions and you see this might not be the best thing.

“I know we’ll be talking about it at the prosecutor’s convention in March,” he said.

The U.S. Supreme Court in 1977 ruled that the death penalty was a disproportionate sentence for the rape of a 16 year old. Last week, the Court agreed to look at a case of a Louisiana death row inmate who was given the death penalty for raping his 8-year-old stepdaughter. The Court will determine whether a death sentence for raping a younger child also is unconstitutional.

Inman does support legislation that would tighten a loophole in the laws that requires child sex offenders who were convicted in Missouri to stay away from schools and day care facilities. As written, the law does not specifically require the same restriction for offenders whose conviction was in another state.

“I called attention to that in April,” he said. “They tried to get it passed last year and they’re going to try again this year.”

Families do time

When a loved one is sentenced to prison, even for sexually abusing a family member, the punishment sometimes carries over into the family.

When a child’s parent goes to prison, the child sometimes feels it is his or her fault and struggles with guilt over getting the parent in trouble. That is reinforced in cases where the non-offending parent blames the child for the resulting loss of income and tells them that “we will have no place to go,”  several prosecutors said.

In some cases, non-offending spouses find themselves threatened with a prison sentence of their own.

After she learned her husband had molested her two young grandchildren, Lindsey Smythe was in also in jail.

Lindsey had gone to high school with Matthew Smythe, but lost touch with him for many years. After they reconnected and fell in love, Lindsey learned that Matthew had been convicted of inappropriately touching a child in another state 20 years earlier.

“Where I grew up, what people did in the past stayed in the past,” she said. “I didn’t have any children in my home, and it had happened so long ago. I didn’t think it would be a problem.”

Matthew had lived with his daughter and his grandchildren. The daughter told Lindsey repeatedly that he had never attempted anything with her, so Lindsey thought he was “safe” to marry.

Circumstances changed after the couple married and Lindsey’s two young granddaughters moved in with them. To be on the safe side, Lindsey never left the girls home alone with her husband, and rarely left them alone with him while she was in the house.

Lindsey took precautions. When she was working in her home office and Matthew was home, she did spot checks on him and the girls. Even so, he managed to find times to molest the girls. Matthew was eventually arrested and charged with sexually abusing both girls.

“I would get up every 10 minutes and check them when he was home,” Lindsey said. “The girls never said anything, and I had no idea anything was going on.

“I was devastated.”

Lindsey was embarrassed and ashamed by Matthew’s arrest and subsequent confession.

“It was all over the news,” she recalled. “I look back and wondered how I survived. I remember sitting there and just staring out the window.”

Three weeks later, police told Lindsey that she should have known what her husband was doing, and they arrested her. She was charged with child endangerment, a misdemeanor. Prosecutors told her they believed her husband was lying to protect her when he said Lindsey knew nothing about the abuse.

She spent a night in county jail and was marched to the courthouse in chains and handcuffs. The experience was humiliating and traumatic, she said.

Church members put up part of the $5,000 bond, and a bondsman agreed to take the rest in payments.

“I came close to committing suicide several times in the next three or four weeks,” Lindsey related. “I couldn’t sleep most nights, and when I did sleep, I didn’t want to wake up. I stayed in the house and wouldn’t go anywhere.”

Prosecutors told her that she could spend up to eight years in prison. Her lawyers advised her to divorce her husband, which she did. Smythe’s husband currently is doing a 20-year sentence in prison. She accepted a plea bargain and was put on probation for one year.

Treat to release

In Missouri, 95 percent of all offenders, including those with child sex abuse crimes, have paroleable sentences, meaning they will be released from prison. To help prevent sex offenders from re-offending, the Missouri Department of Corrections (DOC) offers the Missouri Sex Offender Program (MOSOP).

Offenders who want to be released early on parole must first successfully pass the 9-12 month program. Those who refuse MOSOP or do not complete it must serve their entire sentence.

Offenders on probation or parole are supervised. Those who serve their entire sentence are released without any supervision.

Thies, who served as a psychologist with the Department of Corrections (DOC) from 1985-1994 said people who think treatment is coddling criminals are short-sighted.

“They’re in our community and there is a higher chance of success if we help them early on,” she said. “Prison incapacitates, it doesn’t change behavior. The non-intercepted offender goes on offending.”

Society needs to support intervention programs that have been successful, not to “let people off the hook,” but to prevent future offenses, Thies pointed out. She believes better screening methods and tools are needed to determine which offenders have a better chance of being successful.

Juvenile courts can work effectively with young sex offenders by including a focus on intervention, Thies said.

“They (effective courts) are very vigilant and they act quickly with a vigorous course of treatment,” she said. “They intervene aggressively and appropriately, not punitively.”

The same focus should be applied in adult courts, Thies contends.

MOSOP

Adults in the correctional system are not able to take the intensive MOSOP program until they are about 18 months from their earliest possible parole date. When the program first began, the enticement of earlier parole drew some people who otherwise might not have enrolled, Thies said. The result was surprising.

“These people became committed and engaged in the process,” she related. “People we initially had judged not suitable did better in the program.”

The MOSOP program requires offenders to admit guilt. Anyone who was wrongly committed can benefit from the program by seeing how their behaviors indicated problems that led to their conviction. Regardless of guilt or innocence, once society has judged someone as guilty, that person has to live his or her life as a sex offender.

Typically, a series of events leads to an offender ending up in prison. Treatment helps an offender look at his or her decisions, lifestyles and associations. Some offenders so heavily rationalize their behavior, they nearly convince themselves the offense did not happen, Thies said. Treatment tears down that rationalization. Participant offenders chip away each others’ defenses as well as their own.

One goal for each participant is to discover the “triggers” that lead to his or her deviant behavior. That can be risky, because to do that, they must take a close look at the facts of their case. Sometimes, that close look reveals past abuses that were unreported.

“There were no secrets about what they were accused of,” Thies said. “Anything said that identified other victims, we would have been obligated to report.”

MOSOP is provided for men at the Farmington and Bonne Terre correctional centers, and women take it at the facility in Vandalia, said Dr. Mariann Atwell, acting director of the Division of Offender Rehabilitative Services and chief of Mental Health Services for the DOC.

Offenders housed in other correctional centers around the state are transferred to one of the three MOSOP facilities when they become eligible for the program.

The first phase lasts 30 days and focuses on orientation and evaluation. The second phase, about 260 days, is the treatment component. Topics include appropriate social, work, education, and family relationships; relapse prevention; “triggers” and appropriate responses.

After an offender completes the program, a report is sent to the Parole Board to help them make a decision about whether parole should be granted. If the offender is released early on parole, Probation and Parole can order him/her to participate in a sex offender treatment or relapse prevention group in the community. Offenders may also be subject to polygraph tests.

If an offender is terminated from MOSOP for any of a variety of reasons, that report also would go to the Parole Board.

At any given time, 250 to 275 offenders are actively involved in treatment, Atwell estimated.

MOSOP is not without its critics. John Lafond, a Washington lawyer who specializes in sex offender laws, does not think treatment is sufficient in the prison system. The retired University of Missouri-Kansas City law professor believes more state-of-the-art treatment should be available in prison to sex offenders who want it, and the treatment should be a condition of parole.

More sufficient treatment would be a wise investment in preventing potential victims, Lafond said.

Effects on recidivism

The ultimate goal of MOSOP is to provide treatment so the offender won’t offend again, thereby reducing recidivism (return to crime) rates.

As of late December, 282 offenders had competed MOSOP in 2007. Since it began in 1984, 3,617 sex offenders have graduated from the program, according to David Oldfield, researcher for the DOC.

Research figures for the DOC show that the recidivism rate for sex offenders is lower than for those with drug, DWI, nonviolent and violent crimes. Based on a study of 50,218 first-time offenders from fiscal year 1998 to fiscal year 2007, only 13.4 percent of those with sex and child abuse cases had any type of new conviction within five years of release.

The other four categories had higher rates of new convictions: Drug crimes, 25.2 percent; DWI, 29.2 percent; nonviolent crimes, 30.7 percent; and violent crimes, 26.6 percent.

Oldfield also compared recidivism rates between released sex offenders who had completed MOSOP and those who had failed or refused to take the program. The comparison looked at new sex abuse convictions in a five-year period for offenders released from fiscal year 1994 to fiscal year 2007.

After five years, 4.8 percent of those who had not successfully completed MOSOP had been convicted of a new sex crime, while only 2.3 percent of those who did complete the program had been convicted of a new sex crime.

 In 2006 and 2007, 757 sex offenders were released. As of December, no new sex offenses had been recorded for any of those offenders.

A 20-year study of MOSOP graduates, done by Beth Huebner of the University of Missouri - St. Louis, indicates that sex offenders who commit crimes after release are more likely to commit non-sexual offenses. The percent of new sex crimes for all released sex offenders from 1984 to 2007 was .4 percent, compared to 1.2 percent for other crimes in the first year. By 20 years, 14.4 percent of released sex offenders had new sex convictions, compared to 18.8 percent with other offenses.

Sex offenders who were given probation instead of going to prison also had fewer new convictions within five years than those on probation for the other four categories. The highest percentage of recidivism was for drunk drivers (25.4), followed by those with violent crimes (24.8 percent), those with nonviolent crimes (24.4 percent), those with drug crimes (23.2 percent). Sex offenders and child abusers on probation had a new conviction rate of 12.6 percent.

Keeping track

Currently, the department supervises about 1,867 sex offenders who are on probation or parole. In St. Francois, Washington, Iron, Madison and Ste. Genevieve counties, there are a total of 45 sex offenders on probation or parole.

Sex offenders who have been released from prison are required to be on the sex offender registry, maintained on the Missouri Highway Patrol site ( http://www.mshp.dps.missouri.gov, click on offender registry link). Currently, there are about 456 registered sex offenders in the five counties, including some who are incarcerated or are civilly committed as a sexual predator, and a few whose names no longer have to appear on the registry.

The Highway Patrol posts the names, aliases, work, home and school addresses of each person who is required to register as a sex offender. It even offers a map which shows how close their home or workplace is to your home.

The list includes offenses; when they were convicted or pleaded guilty to the charge; and ages and gender of the victims. You can click on the offense to find the definition of that crime according to Missouri Revised Statutes.

The list also tells people what vehicles the offender drives, their height and weight, date of birth, hair and eye color, and if they have any scars, marks or tattoos. In most cases, due to 2005 legislation, a photo accompanies the information. The Web site also lists whether a person is complying with the sex offender registry.

 Gov. Matt Blunt recently said he would like to see e-mail addresses of offenders placed on the registry as well.

Maintaining the registry

Registration in Missouri currently is a lifetime requirement unless the offense has been reversed or the person has been pardoned.

Sheriff’s departments compile the information and enforce the registry. Kathy Tenholder handles most of the work in St. Francois County.

When a sex offender moves or is released from prison, he or she has 10 days to register with the sheriff of the county of residence. Offenders must register in person semi-annually in the month of their birth and six months later with their local sheriff’s department. Offenders also must go to the sheriff’s office any time they change vehicles, jobs or move.

If a person has been registered as a “sexual predator” or “persistent sexual offender”; had a victim less than 18 years old; or has been found guilty of failing to register as a sex offender or submitting false information, he or she must register every 90 days.

Tenholder said the 90-day law applies to most of the sex offenders in St. Francois County. She said there are fewer than five people who only have to register semi-annually. 

“Some are pretty angry that they have to do this,” she said. “They don’t think they should have to do this their whole lives.”

If no information has changed, offenders can fill out a form at the front counter in the sheriff’s office. They provide their name, date of birth, social security number and the date.

If there is a change, the offender has to speak to Tenholder, who takes the new information.

Courtesy letters are delivered by deputies to offenders’ last available address to remind them they have to register. It also is a way to make sure the offender is really living there.

If sex offenders don’t register when they are expected to, and the department can’t locate them, they are listed as non-compliant on the  registry.

“More comply than not,” Tenholder said.

When the person doesn’t comply within a reasonable time, Tenholder makes a copy of the file, and a deputy writes up a warrant application to send to the prosecutor. The offender may be charged with a Class A misdemeanor or Class D felony for failing to register.

Tenholder said the public helps them with the registry. She said if an offender gives the wrong address, whoever is living there will notify the Sheriff’s Department, because most people do not want others thinking a sex offender lives with them if one does not.

The sheriff’s department works with offenders who have disabilities. One disabled offender is able to call in by phone. Residents of a group home who must register at the sheriff’s department every 90 days are bused there all at once.

Offenders from another state must register with the local sheriff’s office if they have a temporary residence or if they work or attend school or training on a full-time or part-time basis in Missouri. Certain offenders with child sex abuse crimes may not reside within 1,000 feet of any child care facility or any public or private school that has up to 12th grade, unless the offender lived there before the law took effect on Aug. 28, 2004. The offender needs to notify the sheriff if a school or childcare facility is placed within the distance after the offender moves there.

Certain sex offenders may not loiter within 500 feet of school property without permission of the school superintendent or the school board.

State Sen. Kevin Engler, R-Farmington, has prefiled legislation this month to prohibit sex offenders from being present or loitering within 500 feet of any playground or designated camping area of a state park unless the offender notifies the park superintendent.

Any person under the age of 19 who is guilty of a sex offense with a victim 13 years or older that involved no physical force can petition the court to have his or her name removed from the sex offender registry after two years.

Any offender convicted of a sex offense between 1979 and 1995 is listed on the state’s registry exempt list. State officials said the court exempted those offenders from having to register every year, but it did not say their name had to be removed from the list.

Questionable effectiveness

Attorney Lafond is a critic of sex offender registries. He said there is no sound information that the sex offender law has prevented more crimes from occurring or has assisted police. The state is imposing the expense of enforcement on local police, he added.

According to Lafond, research shows that families get upset with police when a sex offender moves into their neighborhood. That makes it difficult for sex offenders to find affordable housing, jobs and participate in therapy.

“It makes it hard for them to return to safe, productive lives,” Lafond stated.

He believes the registry is overly inclusive, and that a “one-size fits all” approach does not work.

The registry should only require the most dangerous sex offenders to register. Instead, it treats all sex offenders as equally dangerous.

The public is overly concerned about sex offenders, Lafond contends. There is a belief that convicted sex offenders spend their whole lifetime looking for future victims.

“And that is not true,” he said.

Lafond believes the government should spend more time, money and energy on the small group of dangerous sexual predators. Just as people who are likely to have a heart attack can be identified, dangerous sex offenders can be identified through a risk assessment that takes into consideration their past history and contributing factors. Dangerous sexual predators typically have a deviant sexual interest, multiple victims, and an antisocial or sociopathic personality. Approximately 50 to 70 percent of this high-risk group will commit another sex offense and they do need close supervision.

“And they are not getting it,” he said. “We simply make them register.”

Lafond said the law should focus on intensive supervision for high-risk offenders as it does in Colorado. There, high-risk sex offenders are assigned to a special team of a treatment provider, parole officer and polygraph operator. The team reviews each high-risk offender’s record, identifies the offender’s pattern and develops a supervision plan that limits the offender’s access to future victims.

The offender must participate in treatment. If during the course of treatment, the provider feels the offender is reverting to abuse, the offender must take a lie detector test. If the team determines increased supervision is needed, they do it by increasing sanctions.

Lafond said if the offender is acting as he or she should, freedoms gradually increase. He added that the offenders are monitored extensively over time and they release the ones who proved they are not dangerous.

Missouri assumes the offender is dangerous the rest of his or her life, and the law does not take into account treatment, Lafond said.

Paula Barr is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 172 or at pbarr@dailyjournalonline.com.

Teresa Ressel is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 179 or at tressel@dailyjournalonline.com.