Age of Consent Questions for Missouri

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Missouri. Ask your Question

Missouri Age of consent

:: February 14, 2008 21:46

Why have the age of concent set at 17 years of age if you can't press charges on a 18 female having sex with a 15 year old male? But, if he was 14 then you could press charges. If the age of concent is 17 years old then to me anyone over 18 should get charged with statutory rape with they are having sex with anyone under the age of 17. Right?

Very good question, and one that law makers are asking now also. The statutory rape laws in Missouri are under revision at this time to change the age and make the laws gender neutral. We don't anticipate these laws will go into effect until later this year. In the statute 566.034 (below,) the text begins with a non gender bias term "a person" but goes on to describe the person as male "he". It also limits prosecution to males over 21 years of age. We will be doing some research on case law to see what impact this has had in previous cases. We will be updating the site with more information on the changes in Missouri as they unfold. For now, this is the statutory rape law in Missouri.

Statutory rape, second degree, penalty.
566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age. 2. Statutory rape in the second degree is a class C felony.

Punishment for First and Second Degree Statutory Rape in Missouri

:: January 09, 2008 21:58

What is the punishment for statutory rape in the second degree?

Statutory rape, second degree, penalty.
566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age. 2. Statutory rape in the second degree is a class C felony.
Statutory rape and attempt to commit, first degree, penalties.
566.032. 1. A person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old. 2. Statutory rape in the first degree or an attempt to commit statutory rape 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.
Sentence of imprisonment, terms--conditional release.
558.011. 1. The authorized terms of imprisonment, including both prison and conditional release terms, are: (1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment; (2) For a class B felony, a term of years not less than five years and not to exceed fifteen years; (3) For a class C felony, a term of years not to exceed seven years; (4) For a class D felony, a term of years not to exceed four years; (5) For a class A misdemeanor, a term not to exceed one year; (6) For a class B misdemeanor, a term not to exceed six months; (7) For a class C misdemeanor, a term not to exceed fifteen days. 2. In cases of class C and D felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class C or D felony, it shall commit the person to the custody of the department of corrections for a term of years not less than two years and not exceeding the maximum authorized terms provided in subdivisions (3) and (4) of subsection 1 of this section. 3. (1) When a regular sentence of imprisonment for a felony is imposed, the court shall commit the person to the custody of the department of corrections for the term imposed under section 557.036, RSMo, or until released under procedures established elsewhere by law. (2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the person to the county jail or other authorized penal institution for the term of his or her sentence or until released under procedure established elsewhere by law. 4. (1) A sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, RSMo, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term. The conditional release term of any term imposed under section 557.036, RSMo, shall be: (a) One-third for terms of nine years or less; (b) Three years for terms between nine and fifteen years; (c) Five years for terms more than fifteen years; and the prison term shall be the remainder of such term. The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section. (2) "Conditional release" means the conditional discharge of an offender by the board of probation and parole, subject to conditions of release that the board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the state board of probation and parole. The conditions of release shall include avoidance by the offender of any other crime, federal or state, and other conditions that the board in its discretion deems reasonably necessary to assist the releasee in avoiding further violation of the law. 5. The date of conditional release from the prison term may be extended up to a maximum of the entire sentence of imprisonment by the board of probation and parole. The director of any division of the department of corrections except the board of probation and parole may file with the board of probation and parole a petition to extend the conditional release date when an offender fails to follow the rules and regulations of the division or commits an act in violation of such rules. Within ten working days of receipt of the petition to extend the conditional release date, the board of probation and parole shall convene a hearing on the petition. The offender shall be present and may call witnesses in his or her behalf and cross-examine witnesses appearing against the offender. The hearing shall be conducted as provided in section 217.670, RSMo. If the violation occurs in close proximity to the conditional release date, the conditional release may be held for a maximum of fifteen working days to permit necessary time for the division director to file a petition for an extension with the board and for the board to conduct a hearing, provided some affirmative manifestation of an intent to extend the conditional release has occurred prior to the conditional release date. If at the end of a fifteen-working-day period a board decision has not been reached, the offender shall be released conditionally. The decision of the board shall be final. Source: Missouri Revised Statutes

Punishments for convicted statutory rapists in MO

:: November 06, 2006 21:49

What is the punishment for one convicted of statutory rape, and what percentage of cases actually get far enough to deal out this sentence?

There are different degree's of statutory rape that carry different punishments based on the age difference between the parties involved among other things. Below is a list of the classes and punishments. The second half of your question would take a lot of time to research. In general, Missouri does prosecute this crime. It would be difficult to know how vigerously a specific DA's office investigates charges, but if a complaint is filed, the DA generally will investigate. For more information on the number of cases in Missouri, Go to http://blogs.kansascity.com/crime_scene/sex_offenses/index.html PUNISHMENT Unless specifically stated in the statute, the following are the terms of imprisonment applied to Missouri Sex Offenses in Section 566 of the penal code: (1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment; (2) For a class B felony, a term of years not less than five years and not to exceed fifteen years; (3) For a class C felony, a term of years not to exceed seven years; (4) For a class D felony, a term of years not to exceed five years; (5) For a class A misdemeanor, a term not to exceed one year; (6) For a class B misdemeanor, a term not to exceed six months; (7) For a class C misdemeanor, a term not to exceed fifteen days. Section 566.032 Statutory rape, first degree 1. A person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old. 2. Statutory rape 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. Comment: Neither force nor lack of consent are required elements of this crime. Sexual intercourse with any minor under fourteen years old is by definition statutory rape. Section 566.034 Statutory rape, second degree 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age. 2. Statutory rape in the second degree is a class C felony. Comment: If the offender is over 21 years old and has sexual intercourse with another person who is less than seventeen, that person commits statutory rape. If the offender has not reached 21, the victim must be at least 14 years old to avoid prosecution under this law.

what is the legal age of consent

:: October 17, 2006 14:21

The age of consent is 17. The age of majority is 18 (legal adult) Missouri Revised Statutes Chapter 566 Sexual Offenses Section 566.034 566.034 Statutory rape, second degree, penalty. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age. 2. Statutory rape in the second degree is a class C felony. 566.032 Statutory rape, first degree, penalties. 1. A person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old. 2. Statutory rape 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.

207.69.137.21

14 and drunk

:: September 01, 2004 03:03

I teach high school and was just asked a question by a freshman girl that I had a hard time ansering. She is 14, was at a party with girls, got extremely drunk. One of their friends invited over some guys. This girl ended up sleeping with a 17 year old non-drunk junior in high school. She says she doesnt remember really anything about it. Legally, can a 17year old boy get in trouble for taking advantage of a 14 year old girl who is clearly not in a position of making decisions on her own? Or, as cruel as it sounds, is that what you get for choosing to get drunk at a party. She wanted to know what to do, wasnt sure what to tell her. Please help.

Because she willingly and knowingly became intoxicated, it wouldn't be considered forcible rape, and at the ages they are at, it wouldn't be statutory rape. If it can be shown that at the time of the incident, she was intoxicated to the point of being mentally incapable to knowingly consent, and the male should have reasonably known that, he could be charged with sexual assault, a class C felony.

12 year old daughter

:: September 01, 2004 03:01

My daughter recently confided in me ( after a doctor's visit) that she had had sex at the age of 12 with a boy who was 16 at the time. It's been three years since this happened and I need to know what recourse I have now.

He would have commited statutory rape in the first degree. Prosecution for this can be commenced up to 10 years after your daughter turns 18. If you contact your local police department, they will be able to assist you further.