Section 566.115

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 566

Effective - 01 Jan 2017, see footnote   

  566.115.  Sexual conduct with a nursing facility resident or a vulnerable person, first degree, penalty. — 1.  A person commits the offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree if he or she:

  (1)  Being an owner or employee of a skilled nursing facility, as defined in section 198.006, or an Alzheimer's special care unit or program, as defined in section 198.505, has sexual intercourse or deviate sexual intercourse with a resident; or

  (2)  Being a vender, provider, agent, or employee of a certified program operated, funded, licensed, or certified by the department of mental health, has sexual intercourse or deviate sexual intercourse with a vulnerable person.

  2.  The offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree is a class A misdemeanor.  Any second or subsequent violation of this section is a class E felony.

  3.  The provisions of this section shall not apply to any person who is married to the resident or vulnerable person.

  4.  Consent of the victim is not a defense to a prosecution under this section.

­­--------

(L. 2014 S.B. 491)

Effective 1-01-17