Sex Crimes Lawyer Kansas City, Missouri

What Offenses Are Considered Sex Crimes in Kansas City, MO?

Missouri law includes several sex crimes in its chapter on sex-based offenses. Combined with sex-related crimes from other chapters, such as child pornography and prostitution, people in Kansas City, MO, could face dozens of different charges for sexual activity.

Missouri law relies on the following terms when determining when sex crimes have occurred:

• Sexual contact
• Sexual intercourse
• Deviate sexual intercourse
• Sexual conduct

Sexual contact happens when the accused touches another person using their genitals. It can also occur when the accused touches another person’s anus, genitals, or breast. This contact can happen even when the touching occurs through clothing.

To qualify as sexual contact, the accused must engage in the touching to arouse or gratify themselves or the other person. Sexual contact can also occur when the accused touches the victim to terrorize them.

Sexual intercourse means any penetration, however slight, of the female genitals by the male genitals. Deviate sexual intercourse covers any contact between the genitals of one person and the hand, mouth, tongue, or anus of another person. It also specifically includes penetration of the genitalia or anus by an object. Again, the purpose must be to arouse, gratify, or terrorize.

Sexual conduct includes sexual contact, sexual intercourse, and deviate sexual intercourse. This term is used when an offense includes any sexual activity at all. For example, it is illegal to knowingly solicit a minor for any type of sexual conduct over the internet.

Statutes That Cover Sex Crimes Under Missouri Law

The chapter on sexual offenses in the Missouri Revised Statutes covers the following crimes:

• Rape and sodomy
• Statutory rape and statutory sodomy
• Child molestation
• Sexual misconduct involving a child
• Sexual contact with a student
• Sexual misconduct
• Sexual abuse
• Promoting online sexual solicitation
• Sexual contact with an animal
• Sexual conduct with a nursing home resident
• Sexual conduct while performing public duties

This chapter also references offenses for sex trafficking and child sex trafficking.

Pornography offenses are included in a separate chapter. The state can charge anyone who promotes, possesses, or displays child pornography or child sexual performances, as well as anyone who sexually exploits a minor by producing child pornography.

Finally, the state statutes have a chapter for prostitution-related offenses. These laws prohibit promoting, patronizing, or engaging in prostitution.

Here’s a look at some of the more common sex crime charges that defendants in Kansas City, MO, may face:

Rape and Sodomy

Rape and sodomy are the most serious sexual offenses under Missouri law. Rape and sodomy cover the same offenses with different sex acts. Rape is limited to sexual intercourse, while sodomy covers deviate sexual intercourse. Thus, someone could face separate rape and sodomy charges if the victim accuses them of sex acts that fit both definitions.

First-degree rape and first-degree sodomy happen when the accused has sexual intercourse or deviate sexual intercourse using forcible compulsion. Forcible compulsion means the use or threat of violence. Missouri also defines forcible compulsion to include administering a substance to the victim without their knowledge to physically or mentally impair them.

This means first-degree rape and first-degree sodomy can occur when the victim is incapable of consent. For example, first-degree rape could occur if a nurse has sexual intercourse with an unconscious patient.

Second-degree rape and second-degree sodomy involve any other type of sexual intercourse or deviate sexual intercourse that happens when the accused knows they do not have the other person’s consent. Someone could face second-degree rape or sodomy charges when the alleged victim is capable of consent but refuses it.

As a result, these charges often happen when the victim accuses the other person of taking things too far after initially giving consent.

Statutory Rape and Statutory Sodomy

Minors are legally incapable of consenting to sex acts. Engaging in sex acts with someone under 17, even as another minor, can result in statutory rape or sodomy charges, depending on the sex act that occurred.

First-degree statutory rape and first-degree statutory sodomy happen when the accused engages in sexual intercourse or deviate sexual intercourse with an alleged victim under 14. Second-degree statutory rape and sodomy charges can occur when the accused is over 21 and engaged in sexual intercourse or deviate sexual intercourse with an alleged victim who is older than 14 but younger than 17.

Sexual Abuse

Sexual abuse covers any sexual contact that occurs without consent. In other words, if the accused engaged in any type of non-consensual sexual conduct other than intercourse or deviate intercourse, they may face sexual abuse charges.

Mirroring rape and sodomy charges, first-degree sexual abuse happens when the accused uses or threatens force, or the victim is incapacitated. Second-degree sexual abuse occurs when the alleged victim is capable of consenting but does not do so.

Child Molestation

Child molestation refers to when someone engages in sexual contact with a child under 17. Thus, child molestation might occur when someone, including another child, engages in any type of sexual conduct other than sexual intercourse or deviate sexual intercourse with a child under 17.

Sexual Misconduct

First- and second-degree sexual misconduct offenses cover sex acts that offend others. For example, indecent exposure and sex in public could result in sexual misconduct charges.

Sexual Misconduct Involving a Child

Charges for sexual misconduct can be elevated when they occur in front of a child. Sexual misconduct involving a child can also occur when the accused solicited the child to expose their genitals or a breast in person or online.

Possession of Child Pornography

Possession of child pornography is a criminal offense in Missouri. These charges can apply even if the depiction only appears to include a child under 18. For example, you could face charges if the police allege that you possessed an AI-generated image or video depicting a child engaged in a sex act.

Defenses Against Kansas City, MO, Sex Crimes Charges

Our sex crimes attorneys will tailor your defense to the specific facts of your case, but a few common criminal defense strategies we may leverage include:

False Accusation

Your sex crimes lawyer may gather and present evidence showing that the alleged victim falsely accused you. This false accusation might happen if the sex act never occurred.

It could also happen when the alleged victim consented but denied giving consent. We can use witness testimony, communications, and forensic evidence to show that the offense never occurred.

Consent

We can also use evidence of consent to overcome charges of non-consensual or forcible sexual conduct. Since there is rarely documentation of what happened during sex, evidence of consent will often come from messages or interactions before or after the encounter.

Marriage

Marriage could be a defense to statutory rape and statutory sodomy charges. RSMo §566.023 specifically outlines marriage as a defense against statutory rape and sodomy because the state has already legally identified consent between the two parties, regardless of age.

Mistake as to Age

Mistake as to the victim’s age is not a defense if the offense involves a child under 14. However, our sex crimes lawyers may be able to use this defense if the alleged victim is between fourteen and 17.

Keep in mind that mistake as to age is not a defense to first-degree statutory rape or first-degree statutory sodomy charges. The accused may raise the defense when facing second-degree statutory rape or sodomy charges, though.