566.093. 1. A person commits the crime of sexual misconduct in thesecond degree if such person:
(1) Exposes his or her genitals under circumstances in which he orshe knows that his or her conduct is likely to cause affront or alarm;
(2) Has sexual contact in the presence of a third person or personsunder circumstances in which he or she knows that such conduct is likely tocause affront or alarm; or
(3) Has sexual intercourse or deviate sexual intercourse in a publicplace in the presence of a third person.
2. Sexual misconduct in the second degree is a class B misdemeanorunless the actor has previously been convicted of an offense under thischapter, in which case it is a class A misdemeanor.
(L. 1994 S.B. 693, A.L. 2004 H.B. 1055)