2005 Missouri Revised Statutes - § 566.090. — Sexual misconduct, first degree, penalties.

566.090. 1. A person commits the crime of sexual misconduct in the first degree if he has deviate sexual intercourse with another person of the same sex or he purposely subjects another person to sexual contact without that person's consent.

2. Sexual misconduct in the first degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or unless in the course thereof the actor displays a deadly weapon in a threatening manner or the offense is committed as a part of a ritual or ceremony, in which case it is a class D felony.

(L. 1977 S.B. 60, A.L. 1994 S.B. 693, A.L. 2002 S.B. 969, et al.)

CROSS REFERENCE: Child abuse, definitions, actions for civil damages may be brought, when, RSMo 537.046

(1986) This section does not violate the Fourteenth Amendment to the U.S. Constitution despite the facts that identical conduct which is legal if done by a person of one sex is illegal if done by a person of the other sex, and that such prohibited conduct is a highly intimate activity of private life. State v. Walsh, 713 S.W.2d 508 (Mo. banc)

(2003) Texas statute making it a crime for same-sex persons to engage in certain intimate sexual conduct, as applied to adult males engaging in consensual act of sodomy in privacy of home, is unconstitutional under Due Process Clause of Fourteenth Amendment. Lawrence v. Texas, 123 S.Ct. 2472.


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