CHILD MOLESTATION

The offense of child molestation is subjecting a minor to sexual contact. Child molestation in the first degree is committed by subjecting another person under the age of 14 years to sexual contact. 

Proof of child molestation requires not only proof of the requisite touching, but also of the alleged defendant’s purpose—to arouse or gratify sexual desire, or to terrorize the victim. Evidence of purpose is circumstantial, in the absence of admissions by the alleged defendant.

As for the actual touching, child molestation cases often involve evidence of out-of-court statements of the child, admitted for their truth under a variety of statutes designed to aid the prosecution of the offenses. State v. Benwire, 98 S.W.3d 618 (Mo. Ct. App. W.D. 2003). In addition, expert opinion, based on a review of medical records and police reports, is admissible to establish that a child was subjected to sexual abuse.State v. Hendrix, 883 S.W.2d 935 (Mo. Ct. App. W.D. 1994)

Chapter 566.067. Child Molestation, First Degree:

1. A person commits the offense of child molestation in the first degree if he or she subjects another person who is less than fourteen years of age to sexual contact and the offense is an aggravated sexual offense.

2. The offense of child molestation in the first degree is a class A felony (a minimum term of 10 years and not to exceed 30 years or life imprisonment) and, if the victim is a child less than twelve years of age, the person shall serve his or her term of imprisonment without eligibility for probation, parole, or conditional release.

Chapter 566.068. Child Molestation, Second Degree:

1. A person commits the offense of child molestation in the second degree if he or she:

(1) Subjects a child who is less than twelve years of age to sexual contact; or

(2) Being more than four years older than a child who is less than seventeen years of age, subjects the child to sexual contact and the offense is an aggravated sexual offense.

2. The offense of child molestation in the second degree is a class B felony (a term of five to 15 years).

Chapter 566.069. Child Molestation, Third Degree:

1. A person commits the offense of child molestation in the third degree if he or she subjects a child who is less than fourteen years of age to sexual contact.

2. The offense of child molestation in the third degree is a class C felony (a term of three to 10 years), unless committed by the use of forcible compulsion, in which case it is a class B felony ( a term of five to 15 years).

Chapter 566.071. Child Molestation, Fourth Degree:

1. A person commits the offense of child molestation in the fourth degree if, being more than four years older than a child who is less than seventeen years of age, subjects the child to sexual contact.

2. The offense of child molestation in the fourth degree is a class E felony (a term of four years or less).