MISSOURI REVISED STATUTES
CHAPTER 566 - SEXUAL OFFENSES
SELECTED STATUTES
Chapter 566 and chapter 568 definitions
566.010. As used in chapters 566 and 568, RSMo:
(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.
(L. 1977 S.B. 60, A.L. 1987 H.B. 341, A.L. 1991 H.B. 566, A.L. 1994 S.B. 693)
Effective 1-1-95
Mistake as to incapacity or age.
566.020. 1. Whenever in this chapter the criminality of conduct depends upon a victim's being incapacitated, no crime is committed if the actor reasonably believed that the victim was not incapacitated and reasonably believed that the victim consented to the act. The defendant shall have the burden of injecting the issue of belief as to capacity and consent.
2. Whenever in this chapter the criminality of conduct depends upon a child being thirteen years of age or younger, it is no defense that the defendant believed the child to be older.
3. Whenever in this chapter the criminality of conduct depends upon a child being under seventeen years of age, it is an affirmative defense that the defendant reasonably believed that the child was seventeen years of age or older.
(L. 1977 S.B. 60, A.L. 1994 S.B. 693)
Effective 1-1-95
Marriage to victim, at time of offense, affirmative defense, for certain crimes.
566.023. It shall be an affirmative defense to prosecutions under sections 566.032, 566.034, 566.040, 566.062, 566.064, 566.068, 566.070, and 566.090 that the defendant was married to the victim at the time of the offense.
(L. 1994 S.B. 693)
Forcible rape and attempted forcible rape, penalties.
566.030. 1. A person commits the crime of forcible rape if he has sexual intercourse with another person by the use of forcible compulsion.
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.
(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1990 H.B. 1370, et al., A.L. 1993 S.B. 180, A.L. 1994 S.B. 693)
Effective 1-1-95
Statutory rape, first degree, penalties.
566.032. 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.
(L. 1994 S.B. 693)
Statutory rape, second degree, penalty.
566.034. 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.
(L. 1994 S.B. 693)
Sexual assault, penalties.
566.040. 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.
(L. 1977 S.B. 60, A.L. 1994 S.B. 693) Effective 1-1-95
Chapter 556 - Definitions
Selected Provisions
Code definitions.
556.061. In this code, unless the context requires a different definition, the following shall apply:
(5) "Consent": Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:
mental incapacity is manifest or known to the actor; or( a) It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such
( b) It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known
by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or( c) It is induced by force, duress or deception;
(9) "Dangerous instrument" means any instrument, article or substance, which, under the circumstances in which it is used,
is readily capable of causing death or other serious physical injury;(10) "Deadly weapon" means any firearm, loaded or unloaded, or any weapon from which a shot, readily capable ofproducing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy, blackjack or metal
knuckles;(12) "Forcible compulsion" means either:
(a) Physical force that overcomes reasonable resistance; or
(b) A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of himself or another person;
(13) "Incapacitated" means that physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him if he became unconscious, unable to appraise the nature of his conduct or unable to communicate unwillingness to an act, after consenting to the act;