Missouri Sex Crimes

Rape in the first degree (RSMo. §566.030) and Sodomy in the first degree (RSMo. §566.060):

Rape uses the term sexual intercourse and sodomy uses the term deviate sexual intercourse, but otherwise the rape and sodomy laws are pretty much the same.

Missouri defines deviate sexual intercourse as any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sex act involving the penetration of the penis, female genitalia, or the anus by a finger or object done for the purpose of arousing or gratifying the sexual desire of any person or to terrorize the victim.

Most people think of rape and sodomy in the first degree as using forcible compulsion to have sexual intercourse or deviate sexual intercourse. The use of forcible compulsion is one of the ways that rape and sodomy in the first degree occur.

But these offenses also occur when a person has sexual intercourse or deviate sexual intercourse with another person who is incapacitated, is incapable of consent, or lacks the capacity to consent. It also includes administering a substance to another without that person’s knowledge so that the person is so physically or mentally impaired that they are incapable of making an informed decision of whether to consent to sexual intercourse or deviate sexual intercourse

Penalties: 5 years to life imprisonment. Probation is not permitted.

If the rape offense was aggravated, the penalty is 15 years to life imprisonment. If the sodomy offense was aggravated, the penalty is 10 years to life.

If the defendant was a persistent or predatory sexual offender, the punishment is natural life in prison.

If the victim was less than 12 years old, the punishment is life in prison and the circumstances of the offense dictate whether the defendant is eligible for parole after serving 30 years.

Rape in the second degree (RSMo. §566.031) and Sodomy in the second degree (RSMo. §566.061):

A person commits rape or sodomy in the second degree if they have sexual intercourse or deviate sexual intercourse with another person knowing that they are having such intercourse without the other person’s consent.

The penalty is up to 7 years imprisonment.

Statutory rape in the first degree (RSMo. §566.032) and Statutory sodomy in the first degree (RSMo. §566.062):

Statutory rape and statutory sodomy in the first degree is committed when a person has sexual intercourse or deviate sexual intercourse with another person less than 14 years old.

Penalties: 5 years to life imprisonment.

If the rape offense was aggravated or the child was less than 12 years old, the penalty is 10 years to life imprisonment.

If the defendant was a persistent or predatory sexual offender, the punishment is life in prison.

Statutory rape in the second degree (RSMo. §566.034) and Statutory sodomy in the second degree (RSMo. §566.064):

A person commits statutory rape in the second degree or statutory sodomy in the second degree if they are 21 years old (or older) and they have sexual intercourse or deviate sexual intercourse with a person less than 17 years old.

In other words, people who are 21 and older can’t have sex with people who are 16 years old and younger.

The penalty is up to 7 years imprisonment.

Child Molestation

Rape and Sodomy involves illegal sexual intercourse and deviate sexual intercourse. Child molestation involves illegal “sexual contact.”

What is sexual contact? Any touching of another person with your genitals or any touching of someone else’s genitals or anus or the breast of a female (even through clothing) for the purpose of arousing or gratifying the sexual desire of any person or to terrorize the victim.

Child molestation in the first degree (RSMo. §566.067): a person subjects another person who is less than 14 years old to sexual contact and the sexual offense is aggravated. There are many circumstances that can make a sexual offense aggravated. They are listed in RSMo. §566.010.

The penalty for child molestation in the first degree is 10 years to life. If the child was less than 12 years old, the defendant is not eligible for probation or parole.

Child molestation in the second degree (RSMo. §566.068):
1) a person subjects another person who is less than 12 years old to sexual contact OR
2) being more than 4 years older than a child who is less than 17 years old, the person subjects the child to sexual contact and the offense is an aggravated sexual offense.

The penalty for child molestation in the second degree is 5 years to 15 years.

Child molestation in the third degree (RSMo. §566.069): a person subjects a child less than 14 to sexual contact.

The penalty for child molestation in the third degree is usually 3 years to 10 years. However, if the sexual contact was committed with the use of forcible compulsion, the penalty is 5 years to 15 years in prison.

Child molestation in the fourth degree (RSMo. §566.071): a person who is more than 4 years older than a child who is less than 17 years old subjects that child to sexual contact.

The penalty for child molestation in the fourth degree is up to 4 years in prison.

Sexual Abuse in the first degree (RSMo. §566.100): a person subjects another person to sexual contact when that other person is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.

Sexual abuse in the first degree is like rape or sodomy in the first degree, but instead of intercourse there is only sexual contact.

The penalty is usually 3 to 10 years. However, if the victim was less than 14 or if the offense was an aggravated sexual offense, the penalty is 5 to 15 years in prison.

Sexual Abuse in the second degree (RSMo. §566.101): a person purposely subjects another person to sexual contact without that person’s consent.

Usually sexual abuse in the second degree is a class A misdemeanor with a maximum punishment of a year in jail, but if the offense is an aggravated sexual offense then the penalty is up to 4 years in prison.

Sexual contact with a student (RSMo. §566.086): A person commits the offense of sexual contact with a student if he or she has sexual contact with a student of the school and is:
(1) A teacher, as that term is defined in subdivisions (4), (5), and (7) of section 168.104;
(2) A student teacher; or
(3) An employee of the school; or
(4) A volunteer of the school or of an organization working with the school on a project or program who is not a student at the school; or
(5) An elected or appointed official of the school district; or
(6) A person employed by an entity that contracts with the school or school district to provide services.
2. For the purposes of this section, “school” shall mean any public or private school in this state serving kindergarten through grade twelve or any school bus used by the school district.
3. The offense of sexual contact with a student is a class E felony.
4. It is not a defense to prosecution for a violation of this section that the student consented to the sexual contact.

The penalty for sexual contact with a student is up to 4 years in prison. In some situations, it may be possible to resolve a sexual contact with a student charge in a way that avoids prison or 25 years of sex offender registration. So, if you find yourself charged with sexual contact with a student, hire a firm that is familiar with this offense.

Enticement or attempted enticement of a child (RSMo. §566.151): a person 21 years or older persuades, solicits, coaxes, entices, or lures by words, actions, or communication via the internet or electronic communication any person less than 15 years old for the purpose of engaging in sexual conduct.

What is “sexual conduct”? Sexual intercourse, deviate sexual intercourse, or sexual contact.

The penalty for enticement or attempted enticement of a child is 5 to 30 years in prison. Many Missouri sex crimes require lifetime supervision.