State Codes and Statutes

Statutes > Missouri > T38 > C568 > 568_060

Abuse of a child, penalty.

568.060. 1. A person commits the crime of abuse of a child if suchperson:

(1) Knowingly inflicts cruel and inhuman punishment upon a child lessthan seventeen years old; or

(2) Photographs or films a child less than eighteen years oldengaging in a prohibited sexual act or in the simulation of such an act orwho causes or knowingly permits a child to engage in a prohibited sexualact or in the simulation of such an act for the purpose of photographing orfilming the act.

2. As used in this section "prohibited sexual act" means any of thefollowing, whether performed or engaged in either with any other person oralone: sexual or anal intercourse, masturbation, bestiality, sadism,masochism, fetishism, fellatio, cunnilingus, any other sexual activity ornudity, if such nudity is to be depicted for the purpose of sexualstimulation or gratification of any individual who may view such depiction.

3. Abuse of a child is a class C felony, unless:

(1) In the course thereof the person inflicts serious emotionalinjury on the child, or the offense is committed as part of a ritual orceremony in which case the crime is a class B felony; or

(2) A child dies as a result of injuries sustained from conductchargeable pursuant to the provisions of this section, in which case thecrime is a class A felony.

4. As used in this section, the word "fetishism" means a condition inwhich erotic feelings are excited by an object or body part whose presenceis psychologically necessary for sexual stimulation or gratification.

(L. 1977 S.B. 60, A.L. 1984 H.B. 1255, A.L. 1990 H.B. 1370, et al., A.L. 1997 S.B. 56)

(1985) Held not invalid due to vagueness and does not violate the First Amendment because of overbreadth. State v. Helgoth (Mo.banc), 691 S.W.2d 281.

State Codes and Statutes

Statutes > Missouri > T38 > C568 > 568_060

Abuse of a child, penalty.

568.060. 1. A person commits the crime of abuse of a child if suchperson:

(1) Knowingly inflicts cruel and inhuman punishment upon a child lessthan seventeen years old; or

(2) Photographs or films a child less than eighteen years oldengaging in a prohibited sexual act or in the simulation of such an act orwho causes or knowingly permits a child to engage in a prohibited sexualact or in the simulation of such an act for the purpose of photographing orfilming the act.

2. As used in this section "prohibited sexual act" means any of thefollowing, whether performed or engaged in either with any other person oralone: sexual or anal intercourse, masturbation, bestiality, sadism,masochism, fetishism, fellatio, cunnilingus, any other sexual activity ornudity, if such nudity is to be depicted for the purpose of sexualstimulation or gratification of any individual who may view such depiction.

3. Abuse of a child is a class C felony, unless:

(1) In the course thereof the person inflicts serious emotionalinjury on the child, or the offense is committed as part of a ritual orceremony in which case the crime is a class B felony; or

(2) A child dies as a result of injuries sustained from conductchargeable pursuant to the provisions of this section, in which case thecrime is a class A felony.

4. As used in this section, the word "fetishism" means a condition inwhich erotic feelings are excited by an object or body part whose presenceis psychologically necessary for sexual stimulation or gratification.

(L. 1977 S.B. 60, A.L. 1984 H.B. 1255, A.L. 1990 H.B. 1370, et al., A.L. 1997 S.B. 56)

(1985) Held not invalid due to vagueness and does not violate the First Amendment because of overbreadth. State v. Helgoth (Mo.banc), 691 S.W.2d 281.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C568 > 568_060

Abuse of a child, penalty.

568.060. 1. A person commits the crime of abuse of a child if suchperson:

(1) Knowingly inflicts cruel and inhuman punishment upon a child lessthan seventeen years old; or

(2) Photographs or films a child less than eighteen years oldengaging in a prohibited sexual act or in the simulation of such an act orwho causes or knowingly permits a child to engage in a prohibited sexualact or in the simulation of such an act for the purpose of photographing orfilming the act.

2. As used in this section "prohibited sexual act" means any of thefollowing, whether performed or engaged in either with any other person oralone: sexual or anal intercourse, masturbation, bestiality, sadism,masochism, fetishism, fellatio, cunnilingus, any other sexual activity ornudity, if such nudity is to be depicted for the purpose of sexualstimulation or gratification of any individual who may view such depiction.

3. Abuse of a child is a class C felony, unless:

(1) In the course thereof the person inflicts serious emotionalinjury on the child, or the offense is committed as part of a ritual orceremony in which case the crime is a class B felony; or

(2) A child dies as a result of injuries sustained from conductchargeable pursuant to the provisions of this section, in which case thecrime is a class A felony.

4. As used in this section, the word "fetishism" means a condition inwhich erotic feelings are excited by an object or body part whose presenceis psychologically necessary for sexual stimulation or gratification.

(L. 1977 S.B. 60, A.L. 1984 H.B. 1255, A.L. 1990 H.B. 1370, et al., A.L. 1997 S.B. 56)

(1985) Held not invalid due to vagueness and does not violate the First Amendment because of overbreadth. State v. Helgoth (Mo.banc), 691 S.W.2d 281.