566.115. Sexual conduct with a nursing facility resident or a vulnerable person, first degree, penalty.
- A person commits the offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree if he or she:
- Being an owner or employee of a skilled nursing facility, as defined in section 198.006, or an Alzheimer’s special care unit or program, as defined in section 198.505, has sexual intercourse or deviate sexual intercourse with a resident; or
- Being a vendor, provider, agent, or employee of a certified program operated, funded, licensed, or certified by the department of mental health, has sexual intercourse or deviate sexual intercourse with a vulnerable person.
- The offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree is a class A misdemeanor. Any second or subsequent violation of this section is a class E felony.
- The provisions of this section shall not apply to any person who is married to the resident or vulnerable person.
- Consent of the victim is not a defense to a prosecution under this section.
