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Sexual Misconduct Laws in St. Louis and Missouri
In Missouri law, there are three types of sexual misconduct.
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First-Degree Sexual Misconduct
Under Missouri Revised Statute §566.093, a person can be charged with first-degree sexual misconduct if they:
- Expose their genitals in a situation where they know it is likely to shock, offense or alarm
- Have sexual contact in the presence of a third person in a situation where they know it is likely to cause shock, offense or alarm
- Have sexual intercourse in a public place in the presence of a third person
For a first offense, first-degree sexual misconduct is a class B misdemeanor, which carries with it up to six months in jail and a fine of up to $1,000. For a second conviction, it is a class A misdemeanor, which carries with it up to a year in jail and a fine of up to $2,000.
Second-Degree Sexual Misconduct
Under Missouri Revised Statute §566.095, a person can be charged with second-degree sexual misconduct if they solicit or request another person to engage in sexual conduct when they know it is likely to cause shock, offense or alarm. This is a class C misdemeanor, the punishment of which is up to fifteen days in jail and a fine of no more than $500.
Sexual Misconduct Involving a Child
Under Missouri Revised Statute §566.083 A person commits sexual misconduct involving a child if they:
- Knowingly expose their genitals to a child under the age of 15 if they do so knowing it is likely to shock, offend or alarm, or for arousing or gratifying purposes of anyone, including the child
- Coerce or induce a child under the age of 15 to expose the child's genitals for arousing or gratifying purposes of anyone, including the child
- Coerce or induce a child they know to be under 15 to expose the breasts of a female child through the Internet or other electronic means for arousing or gratifying purposes of anyone, including the child
This is by far the most serious sexual misconduct offense. It is a class E felony for a first-time offender, which carries with it up to four years in prison and a fine of up $10,000. If it is not the first offense, it is a class D felony, the punishment for which is up to seven years in state prison and a fine of up to $10,000.
It is not a valid defense if the victim was a peace officer pretending to be a minor.
There is no mandatory minimum sentencing for any of these crimes. Additional sentencing options may also include probation, mandatory counseling, restitution to the victim and registration as a sex offender.
