Missouri Prohibited Consensual Sexual Activity Laws

Overview of Missouri's Prohibited Consensual Sexual Activity Laws

Consensual sexual activity is, for the most part, none of the state's business. While sodomy laws were once enforced across the nation, even between consenting adults in the privacy of their own home, the U.S. Supreme Court ruled those laws unconstitutional in 2003. As in other states, Missouri's sodomy laws are limited to sexual assault and sex with minors (statutory rape).

Which Types of Consensual Sexual Activity are Illegal in Missouri?

In Missouri, prohibited consensual sexual activity generally pertains to indecent exposure and public sexual acts, although prostitution and solicitation also are prohibited under state law. An individual commits sexual misconduct in the first degree (and charged with a class B misdemeanor) by:

  1. Exposing one's genitals with the intention of causing an affront or alarm in other person; or
  2. Engaging in sexual contact in the presence of a third party under circumstances likely to cause affront or alarm; or
  3. Having sexual intercourse in public in the presence of a third party.

If an offender has previously been found guilty of any of these crimes, additional offenses are charged as a class A misdemeanor. Also, an individual who solicits or requests another person to engage in one of these acts may be charged with sexual misconduct in the second degree (a class C misdemeanor).

Additional details about Missouri's prohibited consensual sexual activity laws can be found in the following table.

Sodomy Laws Applicable to Only applicable to sexual assault or sex with a minor.
Penalty for Sodomy See 566.060.
HIV Exposure and Compelled Testing for Offenders 191.677 Knowingly infected with HIV-prohibited acts, create risk of transmittal: class A or B felony 191.663 Any person convicted of or who pleads guilty to sex offense in Chap. 556 shall be ordered by court to undergo HIV test
Other Crimes Relating to Consensual Sex Acts §566.093 Sexual misconduct in 2nd degree: Class B misdemeanor
§566.095 Sexual misconduct in 3rd degree: Class C misdemeanor

Note: State laws are constantly changing -- contact a Missouri criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

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