Mo. Rev. Stat. » Chapter 566
Missouri Revised Statutes

Mo. Rev. Stat. § 566.031 (2026)

Rape in the second degree, penalties

✓ current as of May 2026
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  566.031.  Rape in the second degree, penalties. — 1.  A person commits the offense of rape in the second degree if he or she has sexual intercourse with another person knowing that he or she does so without that person's consent.

  2.  The offense of rape in the second degree is a class D felony.

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(L. 1977 S.B. 60, A.L. 1994 S.B. 693, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491)

Effective 1-01-17

Transferred 2013, formerly 566.040

CROSS REFERENCE:

Child sexual abuse, action for civil damages may be brought, when, 537.046

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2014–2024 · leading case: State of Missouri v. Brad J. Julius, 453 S.W.3d 288 (Mo. Ct. App. 2014).
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State of Missouri v. Brad J. Julius, 453 S.W.3d 288 (Mo. Ct. App. 2014). “02, containing the language “defendant knew that he did not have the consent of [Victim].”
S.H. v. James R. Cannon, 504 S.W.3d 817 (Mo. Ct. App. 2016). · cites it 2× “040 -was transferred to Section 566.031, Section 566.070 was transferred to Section 566.”
State of Missouri, Plaintiff/Respondent v. Dominic S. Yocco (Mo. Ct. App. 2024). · cites it 5× “061; and one count of attempted second-degree sodomy in violation of section 566.061. The jury further found Defendant to be a predatory sexual offender, as charged, pursuant to section 566.”
State v. Ramirez, 527 S.W.3d 892 (Mo. Ct. App. 2017). · cites it 3× “ORDER PER CURIAM Jose Ramirez (Defendant) appeals from the judgment upon his convictions following a jury trial for one count of rape in the second degree, in violation of Section 566.031, RSMo 2000, 1 and one count of felonious restraint, in violation of Section 565.”
John Doe v. Eric T. Olson (Mo. 2024). · cites it 3× “040, RSMo 1978, was transferred to section 566.031, RSMo Supp. 2013, and captioned as rape in the second degree.”
State v. Mahan, 564 S.W.3d 742 (Mo. Ct. App. 2018). · cites it 2× “, and one count of rape in the second degree, in violation of Section 566.031. On November 27, 2017, the trial court entered judgment and sentenced Appellant to seven years on the count of incest, and a consecutive sentence of 15 years on the count of second-degree rape, for a…”
State of Missouri, Plaintiff-respondent v. Matthew Scott O'leary, 572 S.W.3d 139 (Mo. Ct. App. 2019). “ry (“Defendant”) claims the trial court “erred or plainly erred” in accepting the verdicts finding him guilty “on both counts” (respectively, the lesser-included offenses of second-degree rape and second- degree sodomy1) because when the jury was polled, one juror’s (“Juror 30”)…”
State of Missouri v. Robert Allen Taylor (Mo. Ct. App. 2019). “061; and rape in the second degree, § 566.031. The trial court found Taylor to be a prior and persistent offender and sentenced him to fifteen years’ imprisonment on the enticement count, fifteen years’ imprisonment on the sodomy charge to run concurrent to the enticement…”
State of Missouri v. Caleb T. Bellamy (Mo. Ct. App. 2023). “First, he argues the trial court abused its discretion by failing to intervene when the State criticized defense counsel during the State’s rebuttal argument.”
State of Missouri v. Brad J. Julius (Mo. Ct. App. 2014). “040 as § 566.031 Supp. 2013, which criminalizes the same conduct and uses substantially the same language.”
State of Missouri v. Brad J. Julius (Mo. Ct. App. 2014). “040 as § 566.031 Supp. 2013, which criminalizes the same conduct and uses substantially the same language.”
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