566.145. Sexual conduct in the course of public duty, offense of — definitions — violation, penalty — consent not a defense.
It’s a crime for police, jail staff, or parole officers to have sexual contact while on duty
In Missouri, it’s illegal for people working in law enforcement, jails, or probation to have sexual contact with someone in their custody or under their supervision—even if that person agrees.
1. A person commits this crime if they are a public officer or employee and they have sexual contact in either of the following situations:
- (1) They have sexual contact with someone in custody or under supervision (like a prisoner, detainee, or parolee), and they are:
- (a) A jail, prison, or corrections employee working where the person is locked up;
- (b) A probation or parole officer supervising the person;
- (c) A police officer and the person is in their custody.
- (2) They have sexual contact with someone who is not in custody, but:
- (a) They are a probation officer, police officer, or jail/prison staff;
- (b) They are on duty at the time; and
- (c) They use coercion (threats or pressure) to make it happen.
2. Definitions used in this law:
- “Detainee” — someone being held or restrained by authorities.
- “Offender” — someone in prison or being supervised on probation or parole.
- “Prisoner” — someone held in jail, whether before trial or after being convicted.
3. This offense is a class E felony, which means it’s a serious crime that can lead to prison time.
4. It does not matter if the other person agreed or said yes—consent is not a legal defense.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
