566.093. Sexual misconduct, first degree, penalties. — 1. A person commits the offense of sexual misconduct in the first 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. The offense of sexual misconduct in the first degree is a class B misdemeanor unless the person has previously been found guilty of an offense under this chapter, or 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 A misdemeanor.
Notes of Decisions
Cited in
27
cases (
3 in the last 5 years), 1999–2025 · 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 20× “Section 566.093. Moreover, the degree of protection is not the same as it is for children under 14 years of age.”
State v. Brown, 360 S.W.3d 919 (Mo. Ct. App. 2012).
· cites it 13× “Charles Brown appeals from the judgment of the Boone County Circuit Court (“trial court”) convicting him of misdemeanor sexual misconduct under section 566.093 1 following a bench trial.”
State v. Moore, 90 S.W.3d 64 (Mo. 2002).
· cites it 4× “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 566.093, sexual misconduct in the second degree, which also involves exposing one's genitals.”
State v. Ingalsbe, 557 S.W.3d 515 (Mo. Ct. App. 2018).
· cites it 3× “See § 566.093. 1 The trial court sentenced Defendant to serve one year in the county jail on each count.”
State of Missouri v. Samantha J. Edwards, 433 S.W.3d 494 (Mo. Ct. App. 2014).
· cites it 10× “See § 566.093. 1 Following a bench trial, Edwards was sentenced by the trial court to 150 days in the Greene County Jail, with credit for time served.”
State v. Jeffries, 272 S.W.3d 883 (Mo. Ct. App. 2008).
· cites it 4× “095, the court analyzed the language of section 566.093 and stated that section 566.”
State v. Cofield, 95 S.W.3d 202 (Mo. Ct. App. 2003).
· cites it 2× “090, and one count of the class B misdemeanor of sexual misconduct in the second degree, a violation of Section 566.093. Following trial by jury, Appellant was acquitted of the sexual misconduct charges and found guilty of all three counts of first degree child molestation.”
J.D.B. v. Juv. Officer, 2 S.W.3d 150 (Mo. Ct. App. 1999).
· cites it 3× “Section 566.093, RSMo 1994. Count II, which was admitted by the juvenile, alleged that J.”
State of Missouri v. LaTroy Sanders, 481 S.W.3d 907 (Mo. Ct. App. 2016).
· cites it 2× “020: counts 8, 9, 16, 17, 24, 25, and 26); and one count of sexual misconduct in the second degree (Section 566.093: count 10). Between 2004 and 2008, Daughter lived with Defendant and his wife (Daughter’s stepmother), Joy Sanders (Wife).”
State v. Prell, 35 S.W.3d 447 (Mo. Ct. App. 2000).
· cites it 2× “045; one count of second degree sexual misconduct, in violation of § 566.093; one count of attempted first degree sexual misconduct, in violation of § 564.”
State of Missouri v. Anthony W. Kalter, 442 S.W.3d 124 (Mo. Ct. App. 2014).
· cites it 2× “1 provided that "[a] person commits the crime of sexual misconduct in the second degree if such person: (1) [e]xposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm[.”
State v. Hicks, 526 S.W.3d 273 (Mo. Ct. App. 2017).
· cites it 4× “Hicks appeals his conviction following a bench trial for one count of first-degree sexual misconduct (§ 566.093, RSMo 1 ), a class B misdemeanor, for which he was sentenced to 180 days in the Jackson County Department of Corrections.”
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