566.010. Chapter 566 and chapter 568 definitions. — As used in this chapter and chapter 568, the following terms mean:
(1) "Aggravated sexual offense", any sexual offense, in the course of which, the actor:
(a) Inflicts serious physical injury on the victim;
(b) Displays a deadly weapon or dangerous instrument in a threatening manner;
(c) Subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person;
(d) Had previously been found guilty of an offense under this chapter or under section 573.200, child used in sexual performance; section 573.205, promoting sexual performance by a child; section 573.023, sexual exploitation of a minor; section 573.025, promoting child pornography in the first degree; section 573.035, promoting child pornography in the second degree; section 573.037, possession of child pornography; or section 573.040, furnishing pornographic materials to minors; or has previously been found guilty of an offense in another jurisdiction which would constitute an offense under this chapter or said sections;
(e) Commits the offense as part of an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity; or
(f) Engages in the act that constitutes the offense with a person the actor knows to be, without regard to legitimacy, the actor's:
a. Ancestor or descendant by blood or adoption;
b. Stepchild while the marriage creating that relationship exists;
c. Brother or sister of the whole or half blood; or
d. Uncle, aunt, nephew, or niece of the whole blood;
(2) "Commercial sex act", any sex act on account of which anything of value is given to or received by any person;
(3) "Deviate sexual intercourse", any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;
(4) "Forced labor", a condition of servitude induced by means of:
(a) Any scheme, plan, or pattern of behavior intended to cause a person to believe that, if the person does not enter into or continue the servitude, such person or another person will suffer substantial bodily harm or physical restraint; or
(b) The abuse or threatened abuse of the legal process;
(5) "Sexual conduct", sexual intercourse, deviate sexual intercourse or sexual contact;
(6) "Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come into contact with another person, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;
(7) "Sexual intercourse", any penetration, however slight, of the female genitalia by the penis.
Notes of Decisions
Cited in
298
cases (
46 in the last 5 years), 1981–2026 · leading case:
State v. Miller, 372 S.W.3d 455 (Mo. 2012).
State v. Miller, 372 S.W.3d 455 (Mo. 2012).
· cites it 19× “]” Section 566.010(1), RSMo Supp.2005. The statute’s language is plain and not ambiguous.”
Becker v. State, 260 S.W.3d 905 (Mo. Ct. App. 2008).
· cites it 17× “Section 566.010(1) RSMo. (1994) defined "deviate sexual intercourse" as "any act involving the genitals of one person and the mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a…”
Jeffcott v. State, 551 S.W.3d 525 (Mo. Ct. App. 2018).
· cites it 33× “2001 defined "[d]eviate sexual intercourse" as " any act involving the genitals of one person and the hand , mouth, tongue, or anus of another person or a sexual act involving the penetration , however slight, of the male or female sex organ or the anus by a finger, instrument…”
State v. Benn, 341 S.W.3d 203 (Mo. Ct. App. 2011).
· cites it 25× “One is found in section 566.010, and the other is found in section 556.”
State v. Cannafax, 344 S.W.3d 279 (Mo. Ct. App. 2011).
· cites it 11× “§ 566.010(1), RSMo 1994. 2 The definition was amended to also include contact between a person’s hand and another’s genitals, effective August 2000.”
State v. Adams, 571 S.W.3d 140 (Mo. Ct. App. 2018).
· cites it 8× “" See section 566.010(1). In contrast, the jury was also provided with the definition of "sexual contact," which includes "any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such…”
State v. Sales, 58 S.W.3d 554 (Mo. Ct. App. 2001).
· cites it 13× “” Section 566.010, RSMo 2000, effective January 1, 2001.”
State v. Davenport, 174 S.W.3d 666 (Mo. Ct. App. 2005).
· cites it 30× “A, which properly conversed the elements of the verdict director, including the culpable mental state of purposefully `arousing or gratifying the sexual desire of any person' as required by Section 566.010, RSMo." The State, in its response, only addresses the issue of whether…”
State v. Gaines, 316 S.W.3d 440 (Mo. Ct. App. 2010).
· cites it 7× ““Deviate sexual intercourse” is defined as “any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or…”
State of Missouri v. Claude Chambers, 481 S.W.3d 1 (Mo. 2016).
· cites it 6× “” Section 566.010(1), RSMo Supp. 2013. The uncontradicted evidence at trial was that Defendant penetrated the victim’s anus with Defendant’s penis while the victim was younger than 14 years old.”
— Mo. Rev. Stat. § 566.010(1) — 121 cases
State v. Cannafax, 344 S.W.3d 279 (Mo. Ct. App. 2011).
“§ 566.010(1), RSMo 1994. 2 The definition was amended to also include contact between a person’s hand and another’s genitals, effective August 2000.”
Becker v. State, 260 S.W.3d 905 (Mo. Ct. App. 2008).
“Section 566.010(1) RSMo. (1994) defined "deviate sexual intercourse" as "any act involving the genitals of one person and the mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a…”
State of Missouri v. Claude Chambers, 481 S.W.3d 1 (Mo. 2016).
“” Section 566.010(1), RSMo Supp. 2013. The uncontradicted evidence at trial was that Defendant penetrated the victim’s anus with Defendant’s penis while the victim was younger than 14 years old.”
— Mo. Rev. Stat. § 566.010(1)(d) — 2 cases
— Mo. Rev. Stat. § 566.010(1)(f)(d) — 1 case
— Mo. Rev. Stat. § 566.010(10) — 1 case
— Mo. Rev. Stat. § 566.010(2) — 23 cases
State v. Sales, 58 S.W.3d 554 (Mo. Ct. App. 2001).
“” Section 566.010, RSMo 2000, effective January 1, 2001.”
— Mo. Rev. Stat. § 566.010(3) — 105 cases
State v. Miller, 372 S.W.3d 455 (Mo. 2012).
“]” Section 566.010(1), RSMo Supp.2005. The statute’s language is plain and not ambiguous.”
Jeffcott v. State, 551 S.W.3d 525 (Mo. Ct. App. 2018).
“2001 defined "[d]eviate sexual intercourse" as " any act involving the genitals of one person and the hand , mouth, tongue, or anus of another person or a sexual act involving the penetration , however slight, of the male or female sex organ or the anus by a finger, instrument…”
— Mo. Rev. Stat. § 566.010(4) — 23 cases
State v. Miller, 372 S.W.3d 455 (Mo. 2012).
“]” Section 566.010(1), RSMo Supp.2005. The statute’s language is plain and not ambiguous.”
— Mo. Rev. Stat. § 566.010(5) — 2 cases
— Mo. Rev. Stat. § 566.010(6) — 14 cases
— Mo. Rev. Stat. § 566.010(7) — 5 cases
— Mo. Rev. Stat. § 566.010(8) — 2 cases
State v. Sales, 58 S.W.3d 554 (Mo. Ct. App. 2001).
“” Section 566.010, RSMo 2000, effective January 1, 2001.”
— Mo. Rev. Stat. § 566.010(B) — 1 case
State v. Davenport, 174 S.W.3d 666 (Mo. Ct. App. 2005).
“A, which properly conversed the elements of the verdict director, including the culpable mental state of purposefully `arousing or gratifying the sexual desire of any person' as required by Section 566.010, RSMo." The State, in its response, only addresses the issue of whether…”
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