Missouri Rape and Sexual Assault Laws

Missouri Chapter 566: Sexual Offenses

• 566.030 — First-degree rape: Sexual intercourse with a person who's incapacitated, incapable of consent, lacks the capacity to consent, or through the use of forcible compulsion (includes date rape drugs)
• 566.031 — Second-degree rape: having sexual intercourse with another person knowing they do not consent
• 566.032 — Statutory rape in the first degree: having sexual intercourse with a person under 14 years old
• 566.034 — Statutory rape in the second degree: sexual intercourse between a person 21 or older with a victim less than 17 years old (i.e. 14-, 15-, or 16-year-olds)
• 566.060 — Sodomy in the first degree: "deviate sexual intercourse" (oral or anal sex or penetration of the victim's vagina or anus by a finger or object) with a person who is incapacitated, incapable of consent, or by force (includes date rape drugs)
• 566.061 — Sodomy in the second degree: "deviate sexual intercourse" knowing the victim doesn't consent
• 566.062 — Statutory sodomy in the first degree: "deviate sexual intercourse" with a person less than 14 years old
• 566.064 — Statutory sodomy in the second degree: "deviate sexual intercourse" with a person less than 17 years old (i.e., 14-, 15-, or 16-years old) when the defendant is 21 or older
• 566.067 — Child molestation in the first degree: subjecting a person who is less than 14 years old to sexual contact and the offense is an aggravated sexual offense
• 566.068 — Child molestation in the second degree: subjecting a child who is less than 12 years old to sexual contact, or subjecting a child who is less than 17 years old to sexual contact while being four years older than them and the offense is an aggravated sexual offense
• 566.069 — Child molestation in the third degree: subjecting a child who is less than 14 years old to sexual contact
• 566.071 — Child molestation in the fourth degree: subjecting a child who is less than 17 years old to sexual contact while being four years older than them
• 566.093 — Sexual misconduct in the first degree: exposing one's genitals under circumstances where they know it is likely to cause affront or alarm; sexual contact in the presence of a third party under circumstances in which they know such conduct is likely to cause affront or alarm; engaging in sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person
• 566.095 — Sexual misconduct in the second degree: soliciting or requesting another person to engage in sexual conduct when they know that such request or solicitation is likely to cause affront or alarm
• 566.100 — Sexual abuse in the first degree: subjecting a person to "sexual contact" (touching genitals, anus, or breasts directly or through clothes to arouse anyone) when the person is incapacitated, can't consent, or by the use of forcible compulsion
• 566.101 — Sexual abuse in the second degree: subjecting a person to sexual contact without that person's consent

Penalties vary depending on the conduct committed, the force used, and the victim's age.

Class A felonies

• First-degree rape
• First-degree child molestation
• First-degree statutory rape if its an aggravated sexual offense or the victim is less than 12 years old
• First-degree sodomy

Class B felonies

• First-degree sexual abuse with serious physical injury, deadly weapon, or of a child under 14
• Second-degree child molestation
• Third-degree child molestation if the offense involved the use of forcible compulsion

Class C felonies

• Second-degree rape
• First-degree sexual abuse (except as above)
• Third-degree child molestation (except as above)

Class D felonies

• Second-degree rape
• Second-degree statutory rape
• Second-degree sodomy

Class E felonies

• Fourth-degree child molestation
• Second-degree sexual abuse if it's an aggravated sexual offense

Class A misdemeanors

• Second-degree sexual abuse (except as above)
• First-degree sexual misconduct if they have a prior sex crime conviction

Class B misdemeanor

• First-degree sexual misconduct (except as above)

Class C misdemeanor

• Second-degree sexual misconduct

Punishments for felonies and misdemeanors in Missouri vary by class. The penalty ranges by offense class are:

• Class A felony — imprisonment for at least 10 years, not more than 30 years, or life imprisonment. (Note: Aggravating factors may impose longer minimum mandatory sentences and increase the availability of parole).
• Class B felony — imprisonment for at least five years, not more than 15 years
• Class C felony — imprisonment for at least three years, not more than 10 years
• Class D felony — imprisonment for up to seven years
• Class E felony — imprisonment for up to four years
• Class A misdemeanor — jail for one year or less and up to a $2,000 fine
• Class B misdemeanor — up to six months in jail and up to a $1,000 fine
• Class C misdemeanor — up to 15 days in jail and up to a $700 fine

Sex offender registration: Besides any prison sentence and fines, a person convicted of a sex crime may also have to register in the national sex offender registry. Registering may seriously impact where they can live and work. Sex offenders also have to notify their community members in some situations and check in with their local police regularly.

After sexual battery (harmful or offensive sexual touching), a victim can sue their abuser. A civil lawsuit for financial compensation is separate from any criminal case on sexual offenses. If you're a victim of sexual assault, you may want to consult with a personal injury attorney about suing your abuser.

If someone accuses you of a sex crime, know that a civil suit is possible. In that case, you may need to hire a civil defense attorney besides your criminal defense attorney or public defender.