Missouri Laws 566.145 – Sexual conduct in the course of public duty, offense of — definitions — ..
1. A person commits the offense of sexual conduct in the course of public duty if the person engages in sexual conduct:
(1) With a detainee, a prisoner, or an offender and the person:
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 |
Terms Used In Missouri Laws 566.145
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Sexual conduct: sexual intercourse, deviate sexual intercourse or sexual contact. See Missouri Laws 566.010
(a) Is an employee of, or assigned to work in, any jail, prison or correctional facility and engages in sexual conduct with a prisoner or an offender who is confined in a jail, prison, or correctional facility;
(b) Is a probation and parole officer and engages in sexual conduct with an offender who is under the direct supervision of the officer; or
(c) Is a law enforcement officer and engages in sexual conduct with a detainee or prisoner who is in the custody of such officer; or
(2) With someone who is not a detainee, a prisoner, or an offender and the person is:
(a) A probation and parole officer, a police officer, or an employee of, or assigned to work in, any jail, prison, or correctional facility;
(b) On duty; and
(c) The offense was committed by means of coercion as defined in section 566.200.
2. For the purposes of this section the following terms shall mean:
(1) “Detainee”, a person deprived of liberty and kept under involuntary restraint, confinement, or custody;
(2) “Offender”, includes any person in the custody of a prison or correctional facility and any person who is under the supervision of the division of probation and parole;
(3) “Prisoner”, includes any person who is in the custody of a jail, whether pretrial or after disposition of a charge.
3. The offense of sexual conduct in the course of public duty is a class E felony.
4. Consent of a detainee, a prisoner, an offender, or any other person is not a defense.