Section 566.083

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 566

Effective - 13 Jul 2005, 6 histories, see footnote   (history) 

  566.083.  Sexual misconduct involving a child, penalty. — 1. A person commits the crime of sexual misconduct involving a child if the person:

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

  (3) Knowingly coerces or induces a child less than fourteen 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.

  2. As used in this section, the term "sexual act" means any of the following, whether performed or engaged in either with any other person or alone: sexual or anal intercourse, masturbation, bestiality, sadism, masochism, fetishism, fellatio, cunnilingus, any other sexual activity or nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any individual who may view such depiction.

  3. Violation of this section is a class D felony unless the actor has previously pleaded guilty to or been convicted 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)

Effective 7-13-05

(2004) Physical presence is not a necessary element of sexual misconduct involving a child; transmission of photographs of genitalia to person transmitter believed to be under the age of 14 qualifies as exposure.  State v. Bouse, 150 S.W.3d 326 (Mo.App. W.D.).

(2005) Subdivision (1) of subsection 1 is unconstitutional as overbroad; provision prohibits both conduct a person has a right in which to engage and conduct which a person has no right in which to engage.  State v. Beine, 162 S.W.3d 483 (Mo.banc).