SECOND REGULAR SESSION

HOUSE BILL NO. 1226

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES FISCHER (107) (Sponsor), TILLEY, FALLERT, ENGLUND, SCHIEFFER, GATSCHENBERGER, AULL AND LAIR (Co-sponsors).

3384L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal section 566.093, RSMo, and to enact in lieu thereof one new section relating to sexual misconduct in the second degree, with penalty provisions.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 566.093, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 566.093, to read as follows:

            566.093. 1. A person commits the crime of sexual misconduct in the second degree if such person:

            (1) Exposes his or her genitals under circumstances in which he or she 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 persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or

            (3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.

            2. Sexual misconduct in the second degree is a class B misdemeanor unless the actor has previously been convicted of an offense under this chapter, in which case it is a class A misdemeanor, or unless it is committed by a prisoner or offender in the presence of a minor or an employee of, or person assigned to work in, any jail, prison, or correctional facility, in which case it is a class D felony.