The following is a description of most sex offense laws in Missouri and Student Legal Services comments about these laws and their application.

Section 566.010 Chapter Definitions
(1)  "Deviate sexual intercourse" means any act involving the genitals of one person and the mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person;

(2) “Sexual conduct" means sexual intercourse, deviate sexual intercourse or sexual contact;

(3) "Sexual contact" means any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, for the purpose of arousing or gratifying sexual desire of any person;

(4) "Sexual intercourse" means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

 Comment:  These phrases are used in the following statutes.
 

Section 566.030 Forcible rape and attempted forcible rape
1. A person commits the crime of forcible rape if such person has sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
2. Forcible rape or an attempt to commit forcible rape is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury or displays a deadly weapon or dangerous instrument in a threatening manner or subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.

Comment: Forcible compulsion can be: physical force that overcomes reasonable resistance, or a threat that places a person in reasonable fear of death, serious physical injury or kidnapping.  Penetration, however slight, must occur for rape to be committed.  Note this law now focuses on showing force to prove lack of consent, rather than requiring the prosecutor to prove the victim did not consent.  The sex of the offender and the victim is irrelevant to the crime of rape.
 

Section 566.032 Statutory rape, first degree
1. A person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old.
2. Statutory rape in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, or the victim is less than twelve years of age in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.

Comment: Neither force nor lack of consent are required elements of this crime.  Sexual intercourse with any minor under fourteen years old is by definition statutory rape.
 

Section 566.034 Statutory rape, second degree
1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.
2. Statutory rape in the second degree is a class C felony.

Comment: If the offender is over 21 years old and has sexual intercourse with another person who is less than seventeen, that person commits statutory rape.  If the offender has not reached 21, the victim must be at least 14 years old to avoid prosecution under this law.
 

Section 566.040 Sexual assault
1. A person commits the crime of sexual assault if he has sexual intercourse with another person knowing that he does so without that person's consent.
2. Sexual assault is a class C felony.

Comment: This statute eases the prosecution of acquaintance rape cases, by removing the element of force found in the rape statutes, but does add the element of consent.  Therefore, sexual intercourse with a victim who is sleeping is sexual assault, as that person does not have the capacity to consent.
 

Section 566.060 Forcible sodomy
1. A person commits the crime of forcible sodomy if such person has deviate sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
2. Forcible sodomy or an attempt to commit forcible sodomy is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury or displays a deadly weapon or dangerous instrument in a threatening manner or subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.

Comment:  Again, forcible compulsion can be: physical force that overcomes reasonable resistance, or a threat that places a person in reasonable fear of death, serious physical injury or kidnapping.  This statute is used to prosecute forced deviate sex between two people, which is any form of sexual intercourse other than penile penetration of the vagina.  Sexual intercourse with animals used to be included in this crime, but has since been removed and is not found in any other criminal statute.

Section 566.062 Statutory sodomy, first degree
1. A person commits the crime of statutory sodomy in the first degree if he has deviate sexual intercourse with another person who is less than fourteen years old.
2. Statutory sodomy in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, or the victim is less than twelve years of age, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.

Comment: Like statutory rape, this statute criminalizes deviate sexual intercourse with anyone under fourteen years old, regardless of force or consent.
 

Section 566.064 Statutory sodomy, second degree
1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual intercourse with another person who is less than seventeen years of age.
2. Statutory sodomy in the second degree is a class C felony.
 

Section 566.067 Child molestation, first degree
1. A person commits the crime of child molestation in the first degree if he subjects another person who is less than twelve years of age to sexual contact.
2. Child molestation in the first degree is a class C felony unless the actor has previously been convicted of an offense under this chapter or in the course thereof the actor inflicts serious physical injury, displays a deadly weapon or deadly instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class B felony.

Comment: Note the child molestation laws deal with sexual conduct and contact (see definitions above) rather than sexual intercourse.
 

Section 566.068 Child molestation, second degree
1. A person commits the crime of child molestation in the second degree if he subjects another person who is twelve or thirteen years of age to sexual contact.
2. Child molestation in the second degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class D felony.
 

Section 566.070 Deviate sexual assault
1. A person commits the crime of deviate sexual assault if he has deviate sexual intercourse with another person knowing that he does so without that person's consent.
2. Deviate sexual assault is a class C felony.

Comment: This statute is another response to the acquaintance rape situations that allows prosecution for deviate sexual intercourse where force was not used, but consent was not obtained.
 

Section 566.083 Sexual misconduct involving a child
1. A person commits the crime of sexual misconduct involving a child if the person:
    (1) Knowingly exposes the person's genitals to a child less than fourteen years of age in a manner that would cause a reasonable adult to believe that the conduct is likely to cause affront or alarm to a child less than fourteen years of age;
    (2) Knowingly exposes the person's genitals to a child less than fourteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child; or
    (3) Coerces a child less than fourteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child.
2. As used in this section, the term "sexual act" means any of the following, whether performed or engaged in either with any other person or alone: sexual or anal intercourse, masturbation, bestiality, sadism, masochism, fetishism, fellatio, cunnilingus, any other sexual activity or nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any individual who may view such depiction.
3. Violation of this section is a class D felony; except that the second or any subsequent violation of this section is a class C felony.
 

Section 566.090 Sexual misconduct, first degree
1. A person commits the crime of sexual misconduct in the first degree if he has deviate sexual intercourse with another person of the same sex or he purposely subjects another person to sexual contact or engages in conduct which would constitute sexual contact except that the touching occurs through the clothing without that person's consent.
2. Sexual misconduct in the first degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or unless in the course thereof the actor displays a deadly weapon in a threatening manner or the offense is committed as a part of a ritual or ceremony, in which case it is a class D felony.

Comment: Sexual misconduct laws are often used in cases of non-consensual sexual touchings or other acts not covered in other statutes.  However, notice that this statute allows for prosecution of consensual sex between persons of the same sex, although this statute is rarely used anymore for that purpose.
 

Section 566.093 Sexual misconduct, second degree
1. A person commits the crime of sexual misconduct in the second degree if he:
    (1) Exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm; or
    (2) Has sexual contact in the presence of a third person or persons under circumstances in which he knows that such conduct is likely to cause affront or alarm.
2. Sexual misconduct in the second degree is a class B misdemeanor unless the actor has previously been convicted of an offense under this chapter, in which case it is a class A misdemeanor.

Comment: This law is used to prosecute indecent exposure or graphic displays of public affection, so long as the offender knew his/her conduct is likely to cause alarm.

Section 566.095 Sexual misconduct, third degree
1. A person commits the crime of sexual misconduct in the third degree if he solicits or requests another person to engage in sexual conduct under circumstances in which he knows that his requests or solicitation is likely to cause affront or alarm.
2. Sexual misconduct in the third degree is a class C misdemeanor.

Comment:  This law is often used in sexual harassment situations.
 

Section 566.100 Sexual abuse
1. A person commits the crime of sexual abuse if he subjects another person to sexual contact by the use of forcible compulsion.
2. Sexual abuse is a class C felony unless in the course thereof the actor inflicts serious physical injury or displays a deadly weapon or dangerous instrument in a threatening manner or subjects the victim to sexual contact with more than one person or the victim is less than fourteen years of age, in which case the crime is a class B felony.

Section 568.020 Incest
 1. A person commits the crime of incest if he … engages in sexual intercourse or deviate sexual intercourse with a person he knows to be:
    (1) His ancestor or descendant by blood or adoption; or
    (2) His stepchild, while the marriage creating that relationship exists; or
    (3) His brother or sister of the whole or half-blood; or
    (4) His uncle, aunt, nephew or niece of the whole blood.
2. For purposes of this section:
    (1) "Sexual intercourse" means any penetration, however slight, of the female sex organ by the male sex organ;
    (2) "Deviate sexual intercourse" means any act of sexual gratification between persons not lawfully married to one another, involving the genitals of one person and the mouth, tongue or anus of another.
3. Incest is a class D felony.

 Comment: Because incest is only a class D felony, prosecutors often file such charges, where the victim is a minor, as rape or sodomy.  Marriage, age of victim, nor consent are defenses to incest.
 

DEFENSES

1. Marriage to the victim at time of offense: As of 1994, it is a defense to the following sex crimes if the victim is married to the offender: statutory rape, statutory rape second degree, sexual assault, statutory sodomy first and second degrees, child molestation second degree, deviant sexual assault, and sexual misconduct.
Note: Marriage is not a defense to forcible rape or forcible sodomy.

2. Consent:
a. Consent is NOT a defense to forcible rape, forcible sodomy, statutory rape, statutory sodomy, child molestation, or sexual abuse.
b. Further, consent CANNOT BE GIVEN by:

(1) a person who lacks mental capacity to consent and this fact is known to the defendant;
(2) a child;
(3) a person so intoxicated or so mentally distressed or defective as to be unable to make a reasonable judgment; or
(4) by force, duress, or deception.
Note: When a defense or crime deals with an incapacitated person, the offender is not guilty if he/she reasonably believed the victim was not incapacitated and reasonably believed that the victim consented to the act.

3. Mistake as to Age:
 a. When a crime depends upon a victim being thirteen years of age or younger, it is NOT a defense that the offender believed the child to be older.
c. When a crime depends upon a child being under seventeen years of age, it IS a defense that the defendant reasonably believed that the child was seventeen years of age or older.

3. Impotency:  Evidence that the defendant is impotent may be admissible as a defense in cases where potency is a necessary element.

EVIDENCE

1. Rape Shield Law:  As of 1994, evidence of the victim’s sexual reputation are inadmissible.  However, evidence of SPECIFIC instances of the victim’s prior sexual conduct or absence of such conduct is admissible previous sexual conduct may be admissible where it is: evidence of prior sexual conduct with offender to prove consent where consent is a defense; used as evidence of alternative sources of semen, pregnancy or disease; used to show immediate surrounding circumstances of the alleged crime; or where the judge determines the evidence to be relevant.
Comment:  Note how broad the exception is, allowing in quite a bit of evidence about the victim.

2.  Evidence of Offender’s Prior Sexual Conduct: In cases involving a victim under fourteen years of age, regardless of whether age is an element of the crime, evidence that the offender has committed other charged or uncharged crimes involving victims under fourteen years of age is admissible for the purpose of showing the offender’s tendency to commit the crime or crimes with which he is charged, so long as the prior acts were committed within ten years before or after the act or acts for which the offender is being tried.
 

PUNISHMENT

Unless specifically stated in the statute, the following are the terms of imprisonment applied to the above crimes:
(1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;
(2) For a class B felony, a term of years not less than five years and not to exceed fifteen years;
(3) For a class C felony, a term of years not to exceed seven years;
(4) For a class D felony, a term of years not to exceed five years;
(5) For a class A misdemeanor, a term not to exceed one year;
(6) For a class B misdemeanor, a term not to exceed six months;
(7) For a class C misdemeanor, a term not to exceed fifteen days.