Missouri Laws 566.115 – Sexual conduct with a nursing facility resident or a vulnerable person, ..
1. A person commits the offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree if he or she:
(1) Being an owner or employee of a skilled nursing facility, as defined in section 198.006, or an Alzheimer’s special care unit or program, as defined in section 198.505, has sexual intercourse or deviate sexual intercourse with a resident; or
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E felony | up to 4 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In Missouri Laws 566.115
- Deviate sexual intercourse: any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the penis, 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. See Missouri Laws 566.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Sexual conduct: sexual intercourse, deviate sexual intercourse or sexual contact. See Missouri Laws 566.010
- Sexual intercourse: any penetration, however slight, of the female genitalia by the penis. See Missouri Laws 566.010
(2) Being a vender, provider, agent, or employee of a certified program operated, funded, licensed, or certified by the department of mental health, has sexual intercourse or deviate sexual intercourse with a vulnerable person.
2. The offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree is a class A misdemeanor. Any second or subsequent violation of this section is a class E felony.
3. The provisions of this section shall not apply to any person who is married to the resident or vulnerable person.
4. Consent of the victim is not a defense to a prosecution under this section.