What Is the Legal Definition of Sexual Misconduct?
Sex CrimesA conviction on sexual misconduct charges in Missouri can have a significant impact on your life, your freedom, and your figure. By knowing the specifics of what constitutes sexual misconduct under Missouri law, you can better understand your situation and take the necessary steps to protect your rights.
Different Levels of Sexual Misconduct in Missouri
There are three different levels of sexual misconduct in Missouri. They are as follows, in order of ascending severity.
Second-Degree Sexual Misconduct
A person commits second-degree sexual misconduct when they solicit or request another person to engage in sexual conduct while knowing that the request or solicitation is likely to cause affront or alarm. This offense is a Class C misdemeanor.
First-Degree Sexual Misconduct
First-degree sexual misconduct involves more direct and explicit actions, including:
- Exposing genitals in a way that is likely to cause affront or alarm.
- Having sexual contact in the presence of a third person under circumstances likely to cause affront or alarm.
- Engaging in sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.
First-degree sexual misconduct is usually a Class B misdemeanor. However, if the person has prior convictions for similar offenses, it becomes a Class A misdemeanor.
Sexual Misconduct Involving a Child
Sexual misconduct involving a child is the most severe level of this offense and includes the following actions:
- Knowingly exposing genitals to a child under 15 in a way that is likely to cause affront or alarm.
- Exposing genitals to a child under 15 for sexual arousal or gratification.
- Coercing or inducing a child under 15 to expose their genitals for sexual arousal or gratification.
- Coercing or inducing a child under 15 to expose the breasts (if female) through the internet or other electronic means for sexual arousal or gratification.
Crucially, prosecutors can charge someone with sexual misconduct involving a child even when the purported victim was a peace officer posing as a minor. Sexual misconduct involving a child is generally a Class E felony, but it escalates to a Class D felony if the offender has any prior convictions for similar offenses.
Penalties for Sexual Misconduct
Depending on the offense, the penalties for sexual conduct may include:
- Second-degree sexual misconduct – Class C misdemeanor: Up to 15 days in jail, maximum fine of $700
- First-degree sexual misconduct – Class B misdemeanor: Up to six months in jail, maximum fine of $1,000. Class A misdemeanor: Up to one year in jail, maximum fine of $2,000.
- Sexual misconduct involving a child – Class E felony: Up to four years in prison. Class D felony: Up to seven years in prison.
A sexual misconduct conviction can also have additional consequences, such as having to register as a sexual offender, which can, in turn, make it difficult to find housing or employment opportunities. Because these penalties are so severe, it’s crucial to get help from an experienced attorney.
The team at Richard H. Sindel, Inc., has a tradition of legal service that goes back nearly 90 years. We can help fight these charges by examining the evidence against you, looking for weaknesses in the prosecution’s case, negotiating for reduced charges or a lower sentence, and representing at trial, if you choose to pursue that route. Trust us to protect your rights to the full extent of the law and provide the guidance you need. Contact us now for a free consultation.