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Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 566.145. Sexual conduct in the course of public duty, offense of--definitions--violation, penalty--consent not a defense

Current as of January 01, 2023 | Updated by FindLaw Staff

1. A person commits the offense of sexual conduct in the course of public duty if the person engages in sexual conduct:

(1) With a detainee, a prisoner, or an offender and the person:

(a) Is an employee of, or assigned to work in, any jail, prison or correctional facility and engages in sexual conduct with a prisoner or an offender who is confined in a jail, prison, or correctional facility;

(b) Is a probation and parole officer and engages in sexual conduct with an offender who is under the direct supervision of the officer; or

(c) Is a law enforcement officer and engages in sexual conduct with a detainee or prisoner who is in the custody of such officer; or

(2) With someone who is not a detainee, a prisoner, or an offender and the person is:

(a) A probation and parole officer, a police officer, or an employee of, or assigned to work in, any jail, prison, or correctional facility;

(b) On duty; and

(c) The offense was committed by means of coercion as defined in section 566.200.

2. For the purposes of this section the following terms shall mean:

(1) “Detainee”, a person deprived of liberty and kept under involuntary restraint, confinement, or custody;

(2) “Offender”, includes any person in the custody of a prison or correctional facility and any person who is under the supervision of the division of probation and parole;

(3) “Prisoner”, includes any person who is in the custody of a jail, whether pretrial or after disposition of a charge.

3. The offense of sexual conduct in the course of public duty is a class E felony.

4. Consent of a detainee, a prisoner, an offender, or any other person is not a defense.

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Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 566.145. Sexual conduct in the course of public duty, offense of--definitions--violation, penalty--consent not a defense - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxxviii-crimes-and-punishment-peace-officers-and-public-defenders/mo-rev-st-566-145/

Read this complete Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 566.145. Sexual conduct in the course of public duty, offense of--definitions--violation, penalty--consent not a defense on Westlaw. Westlaw subscription required.

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