Missouri Court of Appeals, Western District / Aug 31, 2021
J.B. vs. Paul C. Vescovo, III, et al
J.B. appealed the trial court's denial of his petition to be removed from the Missouri sex offender registry. He argued that his 1997 plea to a misdemeanor offense of attempted endangering the welfare of a child in the first degree should not classify him as a Tier III offender, which requires lifetime registration. The appellate court affirmed the trial court's judgment, holding that the plain language of the Sex Offender Registration Act (SORA) unambiguously classifies his offense as Tier III, regardless of its misdemeanor status or the original felony charge. The court found no ambiguity in the statute to warrant applying the Rule of Lenity or to support J.B.'s policy arguments.