What Is a Sexual Offender According to Missouri Law?

What Is a Registered Sex Offender?

Missouri requires sex offenders to be registered on the Missouri Sex Offender Registry, where their names would be visible to those in the jurisdiction. This limits the opportunities and freedom a person could have, plus you won’t be able to get a job in any reputable firm because your employer can find you in the directory. 

Moreover, registered sex offenders won’t be allowed to work around or among children or any institution where children learn or play. 

Removing your name from the registry is complex and depends on the crime you are charged with. If the offender meets all state court requirements, they can petition to remove their name. 

What Are the Penalties for Sexual Offenders?

Penalties and charges for sex crimes in Missouri are stiff and harsh. From massive fines to several years in prison, the penalties could be as harsh as possible depending on the involved child’s age, frequency of crime, severity, and damage caused to society.

The penalties for a few sex crimes are as follows.

Rape in the First and Second Degree

The penalty for first-degree rape or an attempt to commit rape in the first degree as per Missouri revised Statute § 566.030 is life imprisonment or a minimum of 5 years in prison, unless:

• The offender commits an aggravated sexual offense, which results in a minimum of 15 years in jail.

• The victim is a child under 12 years, which results in life imprisonment without being eligible for parole or probation until the defendant (the offender) has served 30 years in prison or reached 75 years of age with 15 years of service.

• The victim is a child under 12 years of age and is being raped inhumanly and inflicts serious physical injury. The offender will be punished with life imprisonment without being eligible for parole, probation, or conditional release.

However, if a person commits the offense of rape in the second degree if they have sexual intercourse with another person knowing that they do so without that person’s consent, it will be considered second-degree rape or Class D felony with a penalty of a minimum of 7 years of imprisonment and maximum fines of $10,000.

Statutory Rape

According to Mo. Rev. Stat. § 566.032, if a person commits sexual intercourse with another person less than 14 years of age, the actor will be regarded as a sexual offender of statutory rape in the first degree. Committing or attempting to commit statutory rape in the first degree is a serious felony and could result in life imprisonment or jail for five years.

The penalties could be severe if the victim is less than 12 years of age and the actor is a persistent or predatory sexual offender.

However, if the actor is of 21 years of age or older and commits statutory rape with a victim of 17, it will be regarded as statutory rape in the second degree, which is a Class-D felony under Mo. Rev. Stat. § 566.034. The penalties for statutory rape in the second degree include maximum imprisonment of 7 years and a minimum fine of $10,000.

Child Molestation

As per § 566.067 & § 566.068, if a person commits an aggravated sexual offense with a child under 14 years, they will be charged with first-degree child molestation. First-degree child molestation is a Class A felony offense. The penalties are imprisonment of a minimum of 10 years or a maximum of 30 years, which could also lead to life imprisonment.

However, if the victim is less than 12 years of age, the penalties would be severe, leading to life imprisonment without being eligible for parole, probation, or conditional release.

Second-degree child molestation is a Class B felony, for which the penalties are imprisonment of under five years or not more than 15 years.

Sexual Misconduct

If a person commits a crime of sexual misconduct involving a child under 15 years, they would be charged with a Class E felony. The punishment for a Class E felony in Missouri law would be imprisonment of a minimum of 4 years with a fine of a maximum of $10,000.

However, suppose the offender has prior history records of sex offenses in Missouri or any other jurisdiction. In that case, the crime will be regarded as a Class D felony with penalties of 7 years in prison and a $10,000 fine.

Sexual Abuse

Sexual abuse will be first-degree if the victim is an incapacitated person incapable of consent or cannot consent. This will be regarded as a Class C felony for which a sentence of a minimum of 3 years or a maximum of 10 years with a maximum fine of $10,000.

But if the victim sustains any serious physical injury or if the actor was found using a deadly weapon to threaten the victim of age less than 14 years, the case will be regarded as a Class B felony with a punishment of a minimum of 5 years to a maximum of 15 years in imprisonment.

Second-degree sexual abuse is regarded as a Class A misdemeanor for which the court may impose a maximum sentence of one-year imprisonment and a fine of $2,000. But if an aggravated sexual offense is involved, it is a Class E felony for which a sentence of a maximum of four years imprisonment and a fine of $10,000 may be imposed.

Please note that, for each crime, the penalties depend on several factors. If a person repeatedly commits sex crimes, the charges and penalties would be much more severe than those mentioned above.

What Is the Difference Between a Sexual Predator and a Sexual Offender?

If a person is found guilty or pleads guilty to a sexual offense, they will be considered a sexual offender. However, if a person has a history of prior sex offenses and convictions, they will be viewed as a potential threat to society and regarded as a sexual predator.

Conviction of one or more second-degree felony offenses or first-degree sex crimes within ten years in Missouri would mark you as a sexual predator. This would lead to registration in the state’s sex offender registry, impacting your future job prospects and living arrangements. Additional restrictions will also be imposed on offenders classified as sexual predators.

To protect the public from sexual offenders and predators, states have implemented sexual offender registration programs that require any person convicted of a sex offense to register with their state’s law enforcement agency

If a person fails to comply, they could be charged additional crimes. All convicted sex offenders and predators need to understand the laws and restrictions that apply in their state to avoid further legal consequences.

Contact a Missouri Sexual Offender Lawyer

Sex crimes have harsh penalties and could hurt your reputation and life. If you have been accused of sex crimes in Missouri, consult with Kansas City sex crimes attorneys at Benjamin Law Firm, LLC.