SEXUAL MISCONDUCT

Sexual misconduct charges involve sex acts in public and exposing one’s genitals in a public place or in front of another person with the intent to offend or alarm. There are three specific charges that a person accused of such conduct may face: sexual misconduct in the first degree, sexual misconduct in the second degree and sexual misconduct involving a child.

Chapter 566.093. Sexual Misconduct, First Degree:

1. A person commits the offense of sexual misconduct in the first degree if such person:

(1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm;

(2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or

(3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.

2. First offense is a class B misdemeanor (a term not to exceed six months) Second offense is a class A misdemeanor (a term not to exceed one year).

Chapter 566.095. Second Degree Sexual Misconduct,

1. A person commits the offense of sexual misconduct in the second degree if he or she solicits or requests another person to engage in sexual conduct under circumstances in which he or she knows that such request or solicitation is likely to cause affront or alarm.

2. The offense of sexual misconduct in the second degree is a class C misdemeanor a term not to exceed 15 days.

Chapter 566.083. Sexual Misconduct Involving A Child

1. A person commits the offense of sexual misconduct involving a child if such person:

(1) Knowingly exposes his or her genitals to a child less than fifteen years of age under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child;

(2) Knowingly exposes his or her genitals to a child less than fifteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child;

(3) Knowingly coerces or induces a child less than fifteen years of age to expose the child’s genitals for the purpose of arousing or gratifying the sexual desire of any person,

including the child; or

(4) Knowingly coerces or induces a child who is known by such person to be less than fifteen years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child.

2. The provisions of this section shall apply regardless of whether the person violates this section in person or via the internet or other electronic means.

3. It is not a defense to prosecution for a violation of this section that the other person was a peace officer masquerading as a minor. – This language has been construed to mean that a defendant may be convicted under the statute even if the victim is not in fact a child under 15 years of age. State v. Howell, 454 S.W.3d 386, 389 (Mo. Ct. App. E.D. 2015).

4. The offense of sexual misconduct involving a child is a class E felony (a term not to exceed four years) or Class D felony when is it the second offense (a term not to exceed seven years).