Current with changes from the 2024 Legislative Session
Section 566.145 - Sexual conduct in the course of public duty, offense of - definitions - violation, penalty - consent not a defense1. 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: (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;(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.Amended by 2021 Mo. Laws, SB 26,s A, eff. 8/28/2021.Amended by 2021 Mo. Laws, SB 53,s A, eff. 8/28/2021.Amended by 2014 Mo. Laws, SB 491,s A, eff. 1/1/2017.L. 2002 S.B. 969, et al., A.L. 2006H.B. 1698 , et al., A.L. 2009H.B. 747