Sexual Misconduct in Missouri – Everything You Need to Know
October 29, 2021
Sexual misconduct offenses in Missouri are not taken lightly. Individuals convicted of sexual misconduct face the possibility of jail time, fines, and possible registration on the sex offenders list.
If you’ve been accused of sexual misconduct, it’s in your best interest to consult with a sex crimes criminal defense lawyer in Missouri. Our attorneys at Kirsch & Kirsch are experienced, tough-minded, and prepared to take your case the distance to get the best possible outcome.
Contact us today for a free, confidential consultation.
Continue reading to learn more about the different sexual misconduct charges in Missouri, penalties for sexual misconduct, and potential defenses.
Understanding Missouri Sexual Misconduct Charges
There are many types of sexual offenses outlined in the Missouri Revised Statutes. One of the most common types of sexual offenses in Missouri is sexual misconduct.
Generally, sexual misconduct can be defined as non-consensual (and unwanted) sexual acts perpetrated against another on or in front of unwilling parties. Learn more about sexual misconduct charges below.
Sexual Misconduct in Missouri – 1st Degree
According to Mo. Rev. Stat. § 566.093, a person is guilty of first-degree sexual misconduct if they commit any of the following acts:
- Exposing genitalia in situations where there is a high likelihood to cause alarm or affront
- Sexual contact in front of a third party in situations where alarm or affront are likely
- Participating in sexual intercourse in public in front of a third party
1st-degree sexual misconduct is a class B misdemeanor offense in Missouri. Penalties for a class B misdemeanor include:
- Up to six months in jail
- Up to $1K in fines
- Possible registration on sex offender’s list
However, if the defendant has a history of criminal sexual misconduct, they may be charged with a class A misdemeanor. Penalties can include up to one year in jail and up to $2K in fines.
Sexual Misconduct in Missouri – 2nd Degree
Under Mo. Rev. Stat. § 566.095, an individual is guilty of second-degree sexual misconduct if they solicit or request another person to engage in sexual activity when they know it will cause affront or alarm.
The penalties for sexual misconduct in the second degree include:
- Class C Misdemeanor
- Up to 15 days in jails
- Fines up to $700
Sexual Misconduct Involving a Child
Missouri defines sexual misconduct with a child (Mo. Rev. Stat. 566.083) as the following:
- Intentional exposure of genitalia to a child under 15 years old when it’s likely to cause affront, alarm, or for purposes of sexual gratification (including the minor)
- Intentionally coercing a child younger than 15 years old to show their private parts for purposes of arousal or sexual gratification
- Knowingly coercing a female minor under 15 to expose their breast online or via any electronic medium for purposes of arousal or sexual gratification.
Sexual misconduct with a child is a class E felony in Missouri.
Penalties for a class E felony include up to four years in jail and up to $5K in fines. Further, guilty defendants may be required to register as a sex offender.
If the defendant has previously been convicted of sexual misconduct involving a child, they face class D felony charges – which incurs harsher penalties.
Can I Get a Sexual Misconduct Charge Expunged in Missouri?
According to Mo. Rev. Stat. § 610.140, sexual misconduct charges (and most other sex offenses) are not eligible for expungement.
With that in mind, it’s in your best interest to hire an attorney who will do everything it takes to get your charges decreased or dismissed. Otherwise, a sexual misconduct charge (even for something considered benign like “streaking”) can lead to a lifelong criminal record.
Is Sexual Joking With a Minor Considered Misconduct?
It depends. If that “joke” leads to a minor showing their private parts to anyone for purposes of sexual gratification or arousal, then yes. Certain sexual jokes can be considered acts of sexual misconduct in Missouri. Speak with a lawyer for sexual misconduct in Missouri to discuss your case.
Defense Attorney For Sexual Misconduct
Sexual misconduct is a serious charge with lifelong consequences if convicted. Working with a skilled criminal defense attorney for sex crimes can help you:
- Evaluate the charges against you
- Understand the options available to you
- Negotiate with the prosecution for decreased or dismissed charges
- Represent you in trial
If you’ve been charged with sexual misconduct, we can help. Contact the criminal defense lawyers at Kirsch & Kirsch today for your free initial consultation.