What Is the Age of Consent in Missouri?
Criminal Defense, Sex Crimes ArticlesThe age of consent can be a confusing topic. Not only does it differ in various jurisdictions, but many states have exceptions based on how close two individuals are in age or whether or not they are married.
In Missouri, the age at which an individual can legally give consent to participate in sexual activities is 17. However, it is worth taking a closer look at precisely what this means in practice, what the consequences are for violating these laws, and how a Missouri criminal defense attorney can help you if you are facing child sex crime charges.
Missouri Age of Consent
According to Missouri law, the age of consent is 17. Anyone over the age of 21 who engages in sexual activity with a child younger than 17 risks prosecution for statutory rape in the second degree. This crime is a Class D felony. A conviction can result in a maximum prison sentence of seven years, a fine of up to $10,000, or both.
If anyone, regardless of their age, engages in sexual activity with a child younger than 14, they risk prosecution for statutory rape in the first degree. This crime is a felony with a minimum prison sentence of five years and a maximum sentence of life behind bars. However, if the child is under 12 or the act is an aggravated sexual offense, the minimum sentence is raised to 10 years in prison.
Keep in mind that a consensual relationship is not a permissible defense in statutory rape cases because a child under the age of 17 cannot legally give consent.
Mistake of Age
If you are facing charges of statutory rape in the first degree of a child under the age of 14, arguing that you believed they were older is not a permissible defense.
However, if you are facing charges of statutory rape in the second degree of a child under the age of 17, but you can prove that you genuinely had reason to believe the individual was older at the time of sexual contact, you can use this as an affirmative defense in your case.
Close-in-Age Exemptions
Unlike some other states, Missouri does not have a “Romeo and Juliet” law providing close-in-age exemptions for statutory rape in the first degree. This means that, for example, if a 16-year-old engages in sexual activity with a 13-year-old, the 16-year-old may be prosecuted in juvenile court. In practice, however, a consensual encounter between two 15-year-olds is unlikely to be cause for prosecution.
Contact a Missouri Sex Crimes Attorney
While the laws regarding statutory rape in Missouri are relatively straightforward, prosecutors often use their discretion when considering the context, circumstances, and actual age differences. If you are facing statutory rape charges in Missouri, working with a skilled criminal defense attorney can help you understand your rights and options. The seasoned legal team at Richard H. Sindel, Inc., is ready to fight for your liberty. Contact us today for a free consultation.