565.200. Skilled nursing facility residents, sexual contact or intercourse with, penalties--consent not a defense. - Missouri Statutes

Skilled nursing facility residents, sexual contact or intercoursewith, penalties--consent not a defense.

565.200. 1. Any owner or employee of a skilled nursing facility, asdefined in section 198.006, RSMo, or an Alzheimer's special unit orprogram, as defined in section 198.505, RSMo, who:

(1) Has sexual contact, as defined in section 566.010, RSMo, with aresident is guilty of a class B misdemeanor. Any person who commits asecond or subsequent violation of this subdivision is guilty of a class Amisdemeanor; or

(2) Has sexual intercourse or deviate sexual intercourse, as definedin section 566.010, RSMo, with a resident is guilty of a class Amisdemeanor. Any person who commits a second or subsequent violation ofthis subdivision is guilty of a class D felony.

2. The provisions of this section shall not apply to an owner oremployee of a skilled nursing facility or Alzheimer's special unit orprogram who engages in sexual conduct, as defined in section 566.010, RSMo,with a resident to whom the owner or employee is married.

3. Consent of the victim is not a defense to a prosecution pursuantto this section.

(L. 2002 S.B. 969, et al.)