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566.090. Sexual misconduct, first degree, penalties.

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Sexual misconduct, first degree, penalties. 566.090.1.A person commits the crime of sexual misconduct in thefirst degree if such person purposely subjects another person to sexualcontact without that person's consent. 2.Sexual misconduct in the first degree is a class A misdemeanorunless the actor has previously been convicted of an offense under thischapter or unless in the course thereof the actor displays a deadly weaponin a threatening manner or the offense is committed as a part of a ritualor ceremony, in which case it is a class D felony.(L. 1977 S.B. 60, A.L. 1994 S.B. 693, A.L. 2002 S.B. 969, et al., A.L.2006 H.B. 1698, et al.)Effective 6-05-06CROSS REFERENCE:Child abuse, definitions, actions for civil damages may be brought,when, RSMo 537.046(1986) This section does not violate the Fourteenth Amendment to theU.S. Constitution despite the facts that identical conduct whichis legal if done by a person of one sex is illegal if done by aperson of the other sex, and that such prohibited conduct is ahighly intimate activity of private life. State v. Walsh, 713S.W.2d 508 (Mo.banc)(2003) Texas statute making it a crime for same-sex persons to engagein certain intimate sexual conduct, as applied to adult malesengaging in consensual act of sodomy in privacy of home, isunconstitutional under Due Process Clause of Fourteenth Amendment.Lawrence v. Texas, 123 S.Ct. 2472.
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  • Sexual misconduct, first degree, penalties.

    566.090. 1. A person commits the crime of sexual misconduct in thefirst degree if such person purposely subjects another person to sexualcontact without that person's consent.

    2. Sexual misconduct in the first degree is a class A misdemeanorunless the actor has previously been convicted of an offense under thischapter or unless in the course thereof the actor displays a deadly weaponin a threatening manner or the offense is committed as a part of a ritualor ceremony, in which case it is a class D felony.

    (L. 1977 S.B. 60, A.L. 1994 S.B. 693, A.L. 2002 S.B. 969, et al., A.L. 2006 H.B. 1698, et al.)

    Effective 6-05-06

    CROSS REFERENCE:

    Child abuse, definitions, actions for civil damages may be brought, when, RSMo 537.046

    (1986) This section does not violate the Fourteenth Amendment to the U.S. Constitution despite the facts that identical conduct which is legal if done by a person of one sex is illegal if done by a person of the other sex, and that such prohibited conduct is a highly intimate activity of private life. State v. Walsh, 713 S.W.2d 508 (Mo.banc)

    (2003) Texas statute making it a crime for same-sex persons to engage in certain intimate sexual conduct, as applied to adult males engaging in consensual act of sodomy in privacy of home, is unconstitutional under Due Process Clause of Fourteenth Amendment. Lawrence v. Texas, 123 S.Ct. 2472.

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