Missouri Sexual Battery Laws

Sexual Battery in Missouri refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Missouri, sexual battery is codified in the law as 1st and 2nd degree sexual misconduct. According to the laws of Missouri;

• A person commits the crime of sexual misconduct in the first degree if such person purposely subjects another person to sexual contact without that person's consent.
• A person commits the crime of sexual misconduct in the second degree if:
  • Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm;
  • Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or
  • Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.

Penalties for Sexual Battery in Missouri 

The penalty for sexual battery classified as sexual misconduct are misdemeanors, with the following sentencing guidelines:

• 1st Degree: Class A misdemeanor, Up to 1 year prison
• 2nd Degree: Class B misdemeanor, Up to 6 months in Jail

Defense of a Sexual Battery in Missouri 

The list of defenses for Sexual battery in Missouri here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Missouri  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.