§ 566.067. — Child molestation, first degree, penalties.
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566.067. 1. A person commits the crime of child molestation in the first degree if he or she subjects another person who is less than fourteen years of age to sexual contact.
2. Child molestation in the first degree is a class B felony unless the actor has previously been convicted of an offense under this chapter or in the course thereof the actor inflicts serious physical injury, displays a deadly weapon or deadly instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class A felony.
(L. 1994 S.B. 693, A.L. 2000 S.B. 757 & 602)CROSS REFERENCE: Child, genital mutilation of a female child, crime, penalty, defenses, RSMo 568.065
(2000) Suspended imposition of sentence is not a conviction and thus cannot be used to upgrade crime of child molestation in first degree. State v. Prell, 35 S.W.3d 447 (Mo.App.W.D.).