Section 566.083

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 566

Effective - 28 Aug 2012, 6 histories, see footnote   (history) 

  *566.083.  Until December 31, 2016 — Sexual misconduct involving a child, penalty — applicability of section — affirmative defense not allowed, when. — 1.  A person commits the crime 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 an affirmative defense to prosecution for a violation of this section that the other person was a peace officer masquerading as a minor.

  4.  Sexual misconduct involving a child or attempted sexual misconduct involving a child is a class D felony unless the actor has previously pleaded guilty to or been found guilty of an offense pursuant to this chapter or the actor has previously pleaded guilty to or has been convicted of an offense against the laws of another state or jurisdiction which would constitute an offense under this chapter, in which case it is a class C felony.

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(L. 1997 S.B. 56, A.L. 2004 H.B. 1055, A.L. 2005 H.B. 353 merged with H.B. 972, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al., A.L. 2012 S.B. 628)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.

(2013)  Section is not unconstitutionally overbroad under the First Amendment.  State v. Jeffrey, 400 S.W.3d 303 (Mo.banc).