A Criminal Defense Attorney in Lincoln & Ralls County Defending People Accused of Sex Crimes
Sex offenses carry some of the most severe penalties of any criminal offense in Missouri. If you have been accused of any type of sexual misconduct, it is important to hire an experienced Missouri sex crimes attorney as soon as possible. Your legal rights can be placed in jeopardy before any charges are filed. Our skilled criminal defense team can help protect your rights during any criminal investigation and in court, should the prosecutor choose to issue charges. Read on to learn more about sex offenses in Missouri – and the serious penalties they carry.
Rape
Missouri law defines first-degree rape as having sexual intercourse with a person who is:
- incapacitated
- incapable of consent
- lacks the capacity to consent
- coerced by forcible compulsion
Under the most favorable circumstances, the minimum sentence for first-degree rape is five years in prison. In the most serious circumstances (when the victim is a child under the age of twelve), the required minimum sentence is life in prison, and the defendant is not eligible for parole until they have served at least thirty years of the sentence.
Second-degree rape is having sexual intercourse with another person with the knowledge that they have not consented to the sex. This is a Class D felony, which can be punished by up to seven years in prison.
First-degree statutory rape is sexual intercourse with anyone who is less than fourteen years of age. The minimum sentence is five years but can be raised to ten years if the victim was less than twelve years of age. The maximum sentence is life in prison.
Second-degree statutory rape occurs when a person who is over the age of 21 has sexual intercourse with a person who is under the age of seventeen. It is also a Class D felony that carries a maximum prison term of seven years.
Sodomy
Sodomy offenses involve “deviate sexual intercourse.” The Missouri Statutes define this as any sexual act involving the genitals of one person and the mouth, hand, tongue, or anus of another person; or any act involving the penetration, however slight, of the penis, the female genitalia, or the anus by a finger, instrument, or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. Sodomy can be charged as:
- First-degree sodomy (involving a victim who is unable to consent)
- Second-degree sodomy (which is done with the knowledge that the victim has not consented)
- First-degree statutory sodomy (performed on anyone under the age of fourteen)
- Second-degree statutory sodomy (committed by someone over the age of 21 on someone under the age of seventeen)
Sexual Offenses Against Children
Child molestation involves sexual contact between the defendant and a child. Depending on the age of the child and whether force was used, this offense can be charged as:
- First-degree child molestation
- Second-degree child molestation
- Third-degree child molestation
- Fourth-degree child molestation
Sexual misconduct involving a child covers the exposure of genitals involving a child under the age of fifteen. Whether the defendant’s genitals or the child’s genitals were exposed, this act is a Class E felony that can be punished with up to four years in prison. If the defendant has a prior qualifying conviction, the act can be “aggravated” to a Class D felony, which carries a prison sentence of up to seven years.
Sexual contact with a student is a special offense that can only be committed by teachers, student teachers, employees, and volunteers at a school against students of the school. It can also be used to charge appointed or elected school officials and anyone employed by an entity that is contracted to provide services to the school or school district. Like child molestation, this offense involves sexual contact between the student and the teacher. It is a Class E felony that carries a maximum sentence of four years.
Sexual Abuse
Sexual abuse occurs when a defendant subjects a person to sexual contact. First-degree sexual abuse occurs when the victim is incapacitated, incapable of consent or the defendant uses forcible compulsion. Second-degree sexual abuse is sexual contact without the victim’s consent.
There are also special offenses for sexual misconduct against particularly vulnerable victims. Nursing home victims, disabled adults, and others who are vulnerable to sexual abuse are protected by special designations that enhance the penalties for crimes against them. Even if the resident gives actual consent, the law does not provide for legal consent. This means that facility owners, employees, vendors, service providers, and agents can all be charged with a crime for having sexual contact with a resident of a skilled nursing facility or Alzheimer’s special care unit.
Sexual conduct with a nursing home resident or vulnerable person can be charged in the first degree or second degree.
Sexual conduct in the course of public duty is also a special crime designation that protects vulnerable victims. In this case, a detainee or prisoner is vulnerable to sexual abuse by their guards because they have a legal obligation to comply with the guard’s directions. This offense can be used to charge correctional officers at a prison, probation and parole officers, and other law enforcement officers. The statute even extends to any employee of a jail, prison, or correctional facility or anyone who is assigned to work in these facilities.
Call a Lincoln County Criminal Defense Lawyer Today
Sexual offenses carry severe penalties. Police and prosecutors often handle these cases as harshly as possible, so it is important to get legal advice as soon as you learn of any accusations or criminal investigations against you. Attorney Chris Lozano is an experienced Missouri defense lawyer. Clients across Missouri have trusted him to defend them from all types of charges involving sexual offenses. Our office serves clients in St. Charles, Warren, Lincoln, St. Louis, Ralls, Marion and Pike Counties. Don’t wait to get a defense attorney on your side to fight for your constitutional rights. Call today to schedule a free case evaluation.