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For more information on statutory rape, see Statutory Rape Laws, Charges, and Punishments.

In all statutory rape cases, the determinative fact is whether the victim is underage. Of course, people who commit sex acts against others of any age without their consent may be convicted of rape, sexual battery, or assault. § 566.023.) For information about the marital rape exemption, see Missouri Marital Rape Laws. Many states have enacted “Romeo and Juliet” exceptions, named for William Shakespeare’s young lovers, to protect young people from criminal charges as a result of consensual sexual activity with other teens.

The crime of Child molestation in the second degree occurs when a child less than 17 years of age is subject to "sexual contact".

Mistake as to the age of the victim may be a defense in some circumstances in Missouri, but is not an exception.

Statutory rape and sodomy are comitted if sexual relations involve a child less than 14 years of age.

Statutory rape and sodomy in the second degree involve a child less than 17 years of age and an accused who is 21 years of age or older.

Adults who engage in sexual activity with children under the age of consent can be prosecuted and convicted of statutory rape, statutory sodomy, or child molestation.

It is also a crime in Missouri for a teacher or school employee to engage in sexual contact with a student.

491) Effective 1-01-17 Transferred 2013, formerly 566.040 CROSS REFERENCE: Child abuse, definitions, actions for civil damages may be brought, when, 537.046 566.032. A person commits the offense of statutory rape in the first degree if he or she has sexual intercourse with another person who is less than fourteen years of age. The offense of 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: (1) The offense is an aggravated sexual offense, 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; or (2) The person is a persistent or predatory sexual offender as defined in section 566.125 and subjected to an extended term of imprisonment under said section. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. The offense of rape in the first degree or an attempt to commit 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: (1) The offense is an aggravated sexual offense, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than fifteen years; (2) The person is a persistent or predatory sexual offender as defined in section 566.125 and subjected to an extended term of imprisonment under said section; (3) The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the offender has served not less than thirty years of such sentence or unless the offender has reached the age of seventy-five years and has served at least fifteen years of such sentence, unless such rape in the first degree is described under subdivision (4) of this subsection; or (4) The victim is a child less than twelve years of age and such rape in the first degree or attempt to commit rape in the first degree was outrageously or wantonly vile, horrible or inhumane, in that it involved torture or depravity of mind, in which case the required term of imprisonment is life imprisonment without eligibility for probation, parole or conditional release. Subsection 4 of section 558.019 shall not apply to the sentence of a person who has been found guilty of rape in the first degree or attempt to commit rape in the first degree when the victim is less than twelve years of age, and "life imprisonment" shall mean imprisonment for the duration of a person's natural life for the purposes of this section. No person found guilty of rape in the first degree or an attempt to commit rape in the first degree shall be granted a suspended imposition of sentence or suspended execution of sentence. A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. As used in this chapter and chapter 568, the following terms mean: (1) "Aggravated sexual offense", any sexual offense, in the course of which, the actor: (a) Inflicts serious physical injury on the victim; or (b) Displays a deadly weapon or dangerous instrument in a threatening manner; or (c) Subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person; or (d) Had previously been found guilty of an offense under this chapter or under section 573.200, child used in sexual performance; section 573.205, promoting sexual performance by a child; section 573.023, sexual exploitation of a minor; section 573.025, promoting child pornography in the first degree; section 573.035, promoting child pornography in the second degree; section 573.037, possession of child pornography; or section 573.040, furnishing pornographic materials to minors; or has previously been found guilty of an offense in another jurisdiction which would constitute an offense under this chapter or said sections; (e) Commits the offense as part of an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity; or (f) Engages in the act that constitutes the offense with a person the actor knows to be, without regard to legitimacy, the actor's: a. Stepchild while the marriage creating that relationship exists; c. Brother or sister of the whole or half blood; or d. Whenever in this chapter the criminality of conduct depends upon a child being less than fourteen years of age, it is no defense that the defendant believed the child to be older. Whenever in this chapter the criminality of conduct depends upon a child being less than seventeen years of age, it is an affirmative defense that the defendant reasonably believed that the child was seventeen years of age or older. Consent is not a defense to any offense under this chapter if the alleged victim is less than fourteen years of age. In prosecutions pursuant to this chapter or chapter 568 of a sexual nature involving a victim under fourteen years of age, whether or not age is an element of the crime for which the defendant is on trial, evidence that the defendant has committed other charged or uncharged crimes of a sexual nature involving victims under fourteen years of age shall be admissible for the purpose of showing the propensity of the defendant to commit the crime or crimes with which he or she is charged unless the trial court finds that the probative value of such evidence is outweighed by the prejudicial effect.




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