RILEY, BARRY, SCHEVE (Co-sponsors), MAYS (50) AND HOPPE.
Read 1st time February 10, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 566.062, 566.067 and 566.068, RSMo 1994, and section 566.023, RSMo Supp. 1999, relating to sexual offenses involving children, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.
Section A. Sections 566.062, 566.067 and 566.068, RSMo 1994, and section 566.023, RSMo Supp. 1999, are repealed and four new sections enacted in lieu thereof, to be known as sections 566.023, 566.062, 566.067 and 566.068, to read as follows:
566.023. It shall be an affirmative defense to prosecutions pursuant to sections 566.032, 566.034, 566.062, 566.064, 566.067, 566.068, and 566.090 that the defendant was married to the victim at the time of the offense.
566.062. 1. A person commits the crime of statutory sodomy in the first degree if [he] the person:
(1) Has deviate sexual intercourse with another person who is less than fourteen years old;
(2) Causes a person less than fourteen years of age to have deviate sexual intercourse with an animal or another person.
2. Statutory sodomy in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, or the victim is less than twelve years of age, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.
566.067. 1. A person commits the crime of child molestation in the first degree if [he] the offender:
(1) Subjects another person who is less than [twelve] fourteen years of age to sexual contact; or
(2) Solicits a person less than twelve years of age to have sexual contact with either the offender or another, with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
(3) Invites, persuades or attempts to persuade a child less than fourteen years of age to enter any vehicle, building, room or secluded place with intent to commit an unlawful act upon or with the child.
2. Child molestation in the first degree is a class C felony unless the actor has previously been convicted of an offense [under] pursuant to 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 B felony.
566.068. 1. A person commits the crime of child molestation in the second degree if [he] the person:
(1) Subjects another person who is [twelve or thirteen] at least fourteen years of age but less than sixteen years of age to sexual contact; or
(2) Solicits a person at least fourteen years of age but less than sixteen years of age to have sexual contact with either the offender or another, with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
(3) Invites, persuades or attempts to persuade a child at least fourteen years of age but less than sixteen years of age to enter any vehicle, building, room or secluded place with intent to commit an unlawful act upon or with the child.
2. Child molestation in the second degree is a class A misdemeanor unless the actor has previously been convicted of an
offense [under] pursuant to this chapter or in the course thereof the actor inflicts serious physical injury on any person,
displays a deadly weapon or dangerous 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 D felony.
Missouri House of Representatives