566.083. Sexual misconduct involving a child, penalty--applicability of section--affirmative defense not allowed, when. - Missouri Statutes

Sexual misconduct involving a child, penalty--applicability ofsection--affirmative defense not allowed, when.

566.083. 1. A person commits the crime of sexual misconductinvolving a child if the person:

(1) Knowingly exposes his or her genitals to a child less thanfifteen years of age under circumstances in which he or she knows that hisor her conduct is likely to cause affront or alarm to the child;

(2) Knowingly exposes his or her genitals to a child less thanfifteen years of age for the purpose of arousing or gratifying the sexualdesire of any person, including the child; or

(3) Knowingly coerces or induces a child less than fifteen years ofage to expose the child's genitals for the purpose of arousing orgratifying the sexual desire of any person, including the child.

2. The provisions of this section shall apply regardless of whetherthe person violates the section in person or via the Internet or otherelectronic means.

3. It is not an affirmative defense to prosecution for a violation ofthis section that the other person was a peace officer masquerading as aminor.

4. Sexual misconduct involving a child or attempted sexual misconductinvolving a child is a class D felony unless the actor has previouslypleaded guilty to or been found guilty of an offense pursuant to thischapter or the actor has previously pleaded guilty to or has been convictedof an offense against the laws of another state or jurisdiction which wouldconstitute an offense under this chapter, in which case it is a class Cfelony.

(L. 1997 S.B. 56, A.L. 2004 H.B. 1055, A.L. 2005 H.B. 353 merged with H.B. 972, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)

(2004) Physical presence is not a necessary element of sexual misconduct involving a child; transmission of photographs of genitalia to person transmitter believed to be under the age of 14 qualifies as exposure. State v. Bouse, 150 S.W.3d 326 (Mo.App.W.D.).