Section 565.200

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 28 Aug 2002, 2 histories, see footnote   (history) 

  565.200.  Until December 31, 2016 — Skilled nursing facility residents, sexual contact or intercourse with, penalties — consent not a defense. — 1.  Any owner or employee of a skilled nursing facility, as defined in section 198.006, or an Alzheimer's special unit or program, as defined in section 198.505, who:

  (1)  Has sexual contact, as defined in section 566.010, with a resident is guilty of a class B misdemeanor.  Any person who commits a second or subsequent violation of this subdivision is guilty of a class A misdemeanor; or

  (2)  Has sexual intercourse or deviate sexual intercourse, as defined in section 566.010, with a resident is guilty of a class A misdemeanor.  Any person who commits a second or subsequent violation of this subdivision is guilty of a class D felony.

  2.  The provisions of this section shall not apply to an owner or employee of a skilled nursing facility or Alzheimer's special unit or program who engages in sexual conduct, as defined in section 566.010, with a resident to whom the owner or employee is married.

  3.  Consent of the victim is not a defense to a prosecution pursuant to this section.

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(L. 2002 S.B. 969, et al.)

Transferred 2014; now 566.116; Effective 1-01-17