566.083. Sexual misconduct involving a child, penalty — applicability of section — affirmative defense not allowed, when. — 1. A person commits the offense of sexual misconduct involving a child if such person:
(1) Knowingly exposes his or her genitals to a child less than fifteen years of age under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child;
(2) Knowingly exposes his or her genitals to a child less than fifteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child;
(3) Knowingly coerces or induces a child less than fifteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child; or
(4) Knowingly coerces or induces a child who is known by such person to be less than fifteen years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child.
2. The provisions of this section shall apply regardless of whether the person violates this section in person or via the internet or other electronic means.
3. It is not a defense to prosecution for a violation of this section that the other person was a peace officer masquerading as a minor.
4. The offense of sexual misconduct involving a child is a class E felony unless the person has previously been found guilty of an offense under this chapter or the person has previously been found guilty of an offense in another jurisdiction which would constitute an offense under this chapter, in which case it is a class D felony.
Notes of Decisions
Cited in
56
cases (
10 in the last 5 years), 2001–2025 · leading case:
State v. Bouse, 150 S.W.3d 326 (Mo. Ct. App. 2004).
State v. Bouse, 150 S.W.3d 326 (Mo. Ct. App. 2004).
· cites it 52× “He contends that, as defined by § 566.083, RSMo 2000, his exposure of his penis via photographs was not sexual misconduct involving a child he would have had to expose his penis in the physical presence of his would-be victim.”
State v. Hall, 321 S.W.3d 453 (Mo. Ct. App. 2010).
· cites it 54× “Dale Eugene Hall ("Appellant") was tried before a jury on two charges of sexual misconduct involving a child in violation of section 566.083, RSMo Cum.Supp.2006. [1] Appellant's first point on appeal is that the evidence is insufficient to show that he "knowingly" exposed his…”
State v. Jeffrey, 400 S.W.3d 303 (Mo. 2013).
· cites it 25× “The jury found Gene Jeffrey guilty of two counts of sexual misconduct involving a child under § 566.083 1 and two counts of attempted sexual misconduct involving a child.”
State v. Mashek, 336 S.W.3d 478 (Mo. Ct. App. 2011).
· cites it 20× “Mashek (“Appellant”) was convicted of sexual misconduct with a child under the age of fourteen in violation of section 566.083. 1 Appellant was placed on supervised probation for five years after the trial court suspended execution of his three-year sentence.”
State v. Bynum, 299 S.W.3d 52 (Mo. Ct. App. 2009).
· cites it 6× “062, and two counts of sexual misconduct involving a child (Counts VI and VII), in violation of section 566.083. Defendant does not challenge the sufficiency of the evidence to sustain his convictions.”
Wilkerson v. State, 533 S.W.3d 755 (Mo. Ct. App. 2017).
· cites it 3× “Wilkerson was initially charged^ with statutory rape; however, as part of a plea agreement, the State amended the charge to the class D felony of sexual misconduct involving a child in violation of § 566.083, RSMo Cum. Supp. 2009. Wilkerson pleaded guilty on August 24, 2010, and…”
State v. Moore, 90 S.W.3d 64 (Mo. 2002).
· cites it 4× “In two other sex crime sections, the legislature chose the words "likely to cause affront or alarm:" section 566.083, sexual misconduct involving a child, which occurs when a person exposes the person's genitals to a child less than 14 years of age; and section 566.”
State v. Ralston, 400 S.W.3d 511 (Mo. Ct. App. 2013).
· cites it 4× “References to section 566.083 are to RSMo Cum.Supp.2009.”
State of Missouri v. Justin Luke Ward, 568 S.W.3d 888 (Mo. 2019).
· cites it 5× “Brent Powell, Judge The State appeals the circuit court's judgment, after a bench trial, finding Justin Ward "not guilty" of the class D felony of sexual misconduct involving a child by indecent exposure because the statute under which he was charged, § 566.083 1 , is…”
State v. Miller, 372 S.W.3d 455 (Mo. 2012).
“070, alleging that Miller had deviate sexual intercourse with his daughter between December 3, 2004, and December 3, 2005, without her consent; under count VI, Miller was charged with the class D felony of sexual misconduct involving a child in violation of § 566.083, alleging…”
State v. Jones, 530 S.W.3d 525 (Mo. Ct. App. 2017).
· cites it 2× “067, and one count of sexual misconduct involving a child, in violation of Section 566.083. We affirm. BACKGROUND In the summer of 2014, Defendant’s nine-year-old daughter (“Victim”) revealed to her cousin that Defendant was sexually *528 abusing her when Victim- visited on the…”
Carter v. State, 215 S.W.3d 206 (Mo. Ct. App. 2006).
· cites it 3× “In his third and final point on appeal, movant claims that the court lacked jurisdiction to convict him of sexual misconduct involving a child because section 566.083 RSMo (2000) is unconstitutional.”
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