State v. MOLSBEE

Robert Molsbee appeals his conviction following a guilty plea for violating a statute prohibiting convicted sexual offenders from residing within a thousand feet of a school or child care facility. Molsbee appeals on the basis that the statute under which he was charged is unconstitutional as applied to him. We vacate the judgment of conviction and direct that Molsbee be discharged.

Background

In March 2008, the State charged Robert Molsbee with violating section 566.147, RSMo cumulative supplement 2006, which provides, in relevant part:

Any person who, since July 1, 1979, has ... pleaded guilty…