Missouri Laws 566.116 – 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 second 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 program as defined in section 198.505, has sexual contact 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 A misdemeanor | up to 1 year | up to $2,000 |
| Class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Missouri Laws 566.116
- 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 contact: any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come into contact with another person, 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
(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 contact with a vulnerable person.
2. The offense of sexual conduct with a nursing facility resident or vulnerable person in the second degree is a class B misdemeanor. Any second or subsequent violation of this section is a class A misdemeanor.
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 pursuant to this section.