Missouri -- Age of Consent

 

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MISSOURI

Added 03-2002:
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)  Effective 1-1-95   As of August 28, 2001.
Source:  http://www.moga.state.mo.us/statutes/C500-599/5660034.HTM


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)  Effective 1-1-95
Source:  http://www.moga.state.mo.us/statutes/C500-599/5660032.HTM

EDITOR:  This does re-confirm our age chart.  If you are over 18 but under 21, the age of consent is 14.  If you are over 21, you may not have sexual intercourse with anyone under 17.

 

 

 

UPDATE 09-2000:

We have changed the entry in our chart to reflect the confusion in Missouri.  We are able to document the age of consent as 17 provided one person if over 21.  We can't document anything in which both parties are over 14 but less than 17. 

FROM EMAIL:
There is a huge gray area for those between the ages 14 and 20. I have talked to local law enforcement and some county prosecutors about these statutes and how they prosecute with them. The general consensus has seemed to be that 14 is legal for a 20 year old, but once you turn 21 it jumps to 17. It's really not clearly defined in the statutes though.

 

 

Missouri Revised Statutes

 

Chapter 566
Sexual Offenses
Section 566.064

August 28, 1997


Statutory sodomy, second degree, penalty.

566.064. 1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual intercourse with another person who
is less than seventeen years of age.

2. Statutory sodomy in the second degree is a class C felony.

(L. 1994 S.B. 693)

Effective 1-1-95


Chapter 566
Sexual Offenses
Section 566.034

August 28, 1997

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)

Effective 1-1-95

Chapter 566
Sexual Offenses
Section 566.020



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

 

 

History and Bills

We don't know what happened to this bill or what the status is/was.

HB887 LOWERS THE AGE LIMIT FOR 2ND DEGREE STATUTORY RAPE.
Sponsor: Gross, Charles (18)   Effective Date: 00/00/00
CoSponsor:     LR Number: 2100-01
Last Action: COMMITTEE: CIVIL AND CRIMINAL LAW
  01/11/96 - Executive Session Held (H)
  HB887
Next Hearing: Hearing not scheduled
Calendar: Bill currently not on calendar

HB 887 -- Statutory Rape Sponsor: Gross The bill changes the age requirements for the class C felony of second degree statutory rape. Under current law a person commits the crime of second degree statutory rape if he is 21 years or older and has sexual intercourse with another person who is less than 17 years of age. This bill changes 21 years to 19 years or older and 17 years to 16 years of age.

 

Subject:  Missouri age of concent
Date:  Fri, 20 Aug 1999 22:45:37 -0500 (CDT)
From:  [removed]

i'm sure that the missouri statuates do not permit crimes against nature.  i don't know the exact location of this, but it is posted in the bathroom stalls at all of the parks. it problem has been between men over the age of 18 so it's not one person was under the age of 17. it is because anal
penetration is illegal no matter who does it. the mother of a friend of mine got arrested for sodomy for oral sex and the boy was 17.

 

Missouri Revised Statutes

Chapter 566
Sexual Offenses
Section 566.090
August 28, 1998

Sexual misconduct, first degree, penalties.

566.090. 1. A person commits the crime of sexual misconduct in the first degree if he has deviate
sexual intercourse with another person of the same sex or he purposely subjects another person to
sexual contact or engages in conduct which would constitute sexual contact except that the touching
occurs through the clothing without that person's consent.

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

(L. 1977 S.B. 60, A.L. 1994 S.B. 693) Effective 1-1-95

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 1986).

Source:  http://www.moga.state.mo.us/statutes/c500-599/5660090.htm

Law Sources:  (http://www.moga.state.mo.us/statutes/c500-599/5660034.htm)

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