Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS Chapter 566 • Effective - 01 Jan 2017, see footnote 566.115. Sexual conduct with a nursing facility resident or a vulnerable person, first degree, penalty. — 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 (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. meanor. 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. -------- (L. 2014 S.B. 491) Effective 1-01-17
Missouri Legal Code