Second Degree Statutory Rape Lawyer Kansas City, MO
Charged with second degree statutory rape in Kansas City, Missouri? Combs Waterkotte is ready to protect your freedom, reputation, and future.
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Second Degree Statutory Rape Lawyer Kansas City, MO
A second degree statutory rape charge in Kansas City, Missouri can mean felony prison time, lifetime sex offender registration, strict reporting duties, and restrictions that continue long after your criminal case ends. If you’ve been arrested or charged, you need to hire an attorney immediately.
Combs Waterkotte’s Kansas City sex crime lawyers defend serious sex crime allegations without judgment. We investigate the ages of the alleged victim, the timeline of events, the communications involved, the physical evidence, and all available defenses. Call (314) 900-HELP or contact us online for a free, confidential consultation.
I owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
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If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
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I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
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Theft
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My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
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If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
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I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
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I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
Verify onI owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
What Is Second Degree Statutory Rape in Missouri?
Under RSMo §566.034, a person commits statutory rape in the second degree when the accused is 21 years of age or older and has sexual intercourse with another person who is younger than 17. Missouri classifies second degree statutory rape as a Class D felony. Force, threats, or physical injury do not have to be involved; only the age difference matters.
The term sexual intercourse also has a specific definition in Missouri law: penetration, however slight, of the female genitalia by the penis. Other alleged sexual acts may fall under different statutes, like statutory sodomy or child molestation.
“I recently went to trial with [Combs Waterkotte] and [they] won a ‘not guilty’ verdict for me… [They were] sharp as a tack. I will never use another lawyer for anything, [they have] earned my business for life.”
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What Prosecutors Must Prove in Second Degree Statutory Rape Cases
In a second degree statutory rape case, Kansas City, Missouri prosecutors generally have to establish these core facts beyond a reasonable doubt:
- The accused was at least 21: The defendant must have been 21 or older when the alleged offense happened
- The other person was under 17: The alleged victim’s age at the time of the alleged act is an essential element to the case
- Sexual intercourse occurred: The state must prove conduct that meets Missouri’s legal definition of sexual intercourse, not just a relationship, messages, touching, or an accusation of other sexual conduct
- The defendant was the person involved: This may sound intuitive, but the prosecution must correctly prove the identity of the alleged victim
Because the second degree statutory rape statute is age-based, prosecutors don’t have to establish forcible compulsion or lack of consent like they have to in a rape case. A voluntary relationship can provide context, but it’s not enough to get these charges dismissed.
How Mistakes About Age and Marriage Can Affect Statutory Rape Charges
Second degree statutory rape differs from first-degree statutory rape when it comes to mistake of age. Under RSMo §566.020, when a crime depends on the other person being younger than 17, it can be an affirmative defense that the accused reasonably believed the alleged victim was 17 or older.
The defense must be supported by facts. Messages, age representations, social media profiles, ID, witnesses, and the circumstances in which the people met may affect the case. Missouri law also recognizes marriage to the alleged victim as an affirmative defense against second degree statutory rape charges.
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Second Degree Statutory Rape Compared with Other Missouri Sex Crime Charges
Age and the exact conduct alleged determine which Missouri sex crime for which you may be charged. Related charges can carry very different penalties and defenses. The table below compares second degree statutory rape charges with other serious Missouri sex crime offenses.
| Related offense | Key difference |
|---|---|
| First degree statutory rape | Sexual intercourse with a person younger than 14. Substantially harsher sentencing rules; does not require the accused to be 21 or older. |
| Second degree statutory sodomy | The accused is 21 or older and allegedly engages in deviate sexual intercourse with a person younger than 17. |
| Second degree child molestation | Specified sexual contact with a child (rather than sexual intercourse). The exact age and whether an aggravated sexual offense is alleged determine sentencing. |
| Rape charges | Focus on forcible compulsion or incapacity to consent rather than the specific age conditions. |
Our attorneys compare the allegations against you to determine, in our expert opinion, which (if any) offense actually applies. Our reading of the law can inform our decisions in plea negotiations or whether we should argue your case at trial.
Penalties for a Second Degree Statutory Rape Conviction in Kansas City, MO
Second degree statutory rape is a Class D felony in Kansas City, Missouri. Under Missouri’s felony sentencing statute, a Class D felony can carry up to seven years in prison. Missouri law also permits a fine of up to $10,000 for a Class D felony.
| Consequence | What a conviction can mean |
|---|---|
| Felony classification | Class D felony |
| Imprisonment | Up to seven years in prison |
| Fine | Up to $10,000 |
| Sex offender registration | Lifetime registration |
| In-person sex offender verification | Must verify registration information in person every 90 days |
Sex Offender Registration and Other Consequences of a Statutory Rape Conviction
The collateral consequences are one reason a second degree statutory rape case can be life-changing even though the offense is a relatively low-level felony. Under Missouri’s sex offender registration laws, statutory rape in the second degree is a Tier III offense which requires:
- Lifetime registration: Tier III offenders must remain registered for life
- 90-day reporting: Tier III offenders must appear in person every 90 days to verify their registration information
- Changes must be reported: Certain changes to aspects of your life must be reported within three business days, including:
- Residence
- Employment
- Student status
- Vehicles
- Phone numbers
- Online accounts
- Residence restrictions: Sex offenders may not live within 1,000 feet of schools, child care facilities, or a former victim’s residence
- School restrictions: Offenders may also face restrictions on being in or within 500 feet of school property when minors are present
- Ordinary expungement is unavailable: A second degree statutory rape conviction cannot be expunged from a Missouri criminal record
The exact effect of the residency restrictions and school property restrictions depends on the offense date and individual circumstances. A defense lawyer should address these consequences before you accept any pleas prosecutors may offer.
Criminal Defense Strategies for Second Degree Statutory Rape Charges
At Combs Waterkotte, we’ve successfully defended Missouri residents against statutory sex crime charges before. Depending on the circumstances of your case, we may use any of the following criminal defense strategies.
Reasonable Belief of Legal Age
Age makes all the difference in a statutory rape case. We look for evidence of the age represented by the alleged victim, what the accused actually knew, and whether that belief was reasonable. Complete message histories can be more informative than isolated screenshots in these cases.
The Age Elements Are Wrong
Second degree statutory rape only applies only when the accused was at least 21 and the alleged victim was younger than 17 at the time of the alleged intercourse. This means birth records, dates, and the exact alleged timeline can shape your entire defense.
If the accused had not yet turned 21, this specific charge may not apply (although prosecutors may investigate whether another offense applies).
No Sexual Intercourse Occurred
Messages suggesting a relationship or sexual interest do not automatically prove statutory rape occured. Neither does evidence of touching or another sexual act that falls outside Missouri’s legal definition of sexual intercourse. We examine whether physical, medical, digital, and testimonial evidence actually proves the conduct with which you’ve been charged.
Identity, Timeline, and Reliability Issues
We compare the accusation with location data, work records, witnesses, videos, and phone records. When witness or victim accounts change, we examine the specific inconsistencies and whether outside information affected an interview.
Illegal Searches and Improperly Obtained Statements
Phone data extractions, social media records, searches, and interviews can become major evidence in statutory rape cases. The Fourth Amendment limits unreasonable searches and seizures, while the Fifth Amendment protects against being compelled to incriminate yourself. When evidence was obtained unlawfully, we may pursue a motion to suppress it.
What to Do If You Are Accused of Second Degree Statutory Rape in Kansas City, Missouri
When you’re under investigation for second degree statutory rape, the period before the charges are actually filed can be critical. Given the grave nature of these charges, Combs Waterkotte’s expert attorneys highly recommend the following steps:
- Contact a defense lawyer: First and foremost, you should get in touch with an attorney who can protect your rights and guide you through the defense process.
- Do not agree to police interviews: You can (and should) invoke your right to remain silent and request a lawyer before answering police questions.
- Preserve communications: Keep messages, devices, account data, photos, and other material intact. Do not delete or alter anything.
- Do not contact the alleged victim: Trying to explain, apologize, confront, or persuade the alleged victim will only make the situation much worse.
- Do not ask someone else to intervene: Avoid using friends or family members to influence a witness or get the victim to recant.
- Follow every court order: If you are arrested or charged, comply with bond conditions, no-contact orders, and appearance requirements to avoid additional consequences.
Common Questions About Second Degree Statutory Rape Charges
Combs Waterkotte has successfully defended hundreds of Missouri residents against sex crime charges over the years. In that time, we’ve frequently heard several consistent questions about second degree statutory rape charges, and we’ve outlined them (and their answers) below.
Is Second Degree Statutory Rape a Felony in Missouri?
Yes. RSMo §566.034 classifies second degree statutory rape as a Class D felony. A conviction can carry up to seven years in prison and can trigger lifetime sex offender registration requirements.
What If the Accused Is 18, 19, or 20?
Missouri’s second degree statutory rape statute specifically requires the accused to be 21 or older. If that age element is missing, prosecutors can’t prove this offense as written. Depending on the ages and conduct alleged, however, another Missouri sex offense charge may still be investigated.
Can a Second Degree Statutory Rape Case Be Filed Years Later?
Yes. RSMo §556.037 allows prosecutions for unlawful sexual offenses involving a person 18 or younger to begin at any time. There is no statute of limitations for this offense. Older allegations still require a thorough review of the law and its effect on the alleged offense date and the surviving evidence.
Can the Alleged Victim or Family Drop the Charge?
A private person does not control a Missouri prosecution once the authorities are involved. When a victim recants, it can certainly affect the evidence of the case. It does not, however, automatically end the case. That decision is up to the prosecutor’s office alone.
Why Choose Combs Waterkotte to Fight Your Kansas City Statutory Rape Charges?
Sex crime investigations can move quickly. At Combs Waterkotte, our Kansas City sex crimes attorneys focus on what the state can prove: ages, dates, the alleged act, digital evidence, interview methods, and available statutory or constitutional defenses.
We prepare for trial while using our decades of combined experience to evaluate a possible dismissal, reduction, or negotiated resolution when supported. We clearly explain all of the sentencing and registration consequences so you can make informed decisions.
How We Build Your Second Degree Statutory Rape Defense
Every sex crime case is different. Most often, though, our work in building a defense against second degree statutory rape charges includes:
- Verifying ages and dates: Confirming birth records and building a precise timeline for each alleged incident
- Preserving digital evidence: Seeking complete conversations, account records, device data, location information, and other time-sensitive materials
- Investigating a mistake-of-age defense: Identifying statements, profiles, identification, witnesses, and circumstances relevant to whether a belief that the person was 17 or older was reasonable
- Testing the state’s evidence: Reviewing interviews, forensic results, medical evidence, and witness accounts for omissions, inconsistencies, or unsupported conclusions
- Challenging unlawful evidence: Filing appropriate motions when police searches, seizures, or interrogation practices violate your constitutional rights
- Preparing for every outcome: Pursuing dismissal or reduction when supported, assessing plea terms and registration consequences, and preparing for trial when necessary
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Contact a Second Degree Statutory Rape Lawyer in Kansas City, Missouri
If you are being investigated or charged with second degree statutory rape in Kansas City, Missouri, do not wait for evidence to disappear or a police interview to lock you into a statement. Combs Waterkotte is ready and waiting to take on your case. Call (314) 900-HELP or request a free, confidential consultation online. We will listen to what happened, explain the charge and its long-term consequences, and begin building a defense designed to protect your freedom, reputation, and future.
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For more information on sex crime defense in Kansas City or anywhere else in Missouri, call the Combs Waterkotte criminal defense attorneys right away at (314) 900-HELP or contact us online for a confidential consultation.
Can a Sex Crime Conviction be Expunged From My Record in Missouri?
Can I Be Arrested for a Sex Crime Without Evidence?
What Should I Do If I’m Accused Of a Sex Crime in Missouri?
If I’m Convicted of a Sex Crime, Do I Have to Register as a Sex Offender?
What Are My Rights When Accused With a Sex Crime?
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