566.101. Sexual abuse, second degree, penalties. — 1. A person commits the offense of sexual abuse in the second degree if he or she purposely subjects another person to sexual contact without that person's consent.
2. The offense of sexual abuse in the second degree is a class A misdemeanor, unless it is an aggravated sexual offense, in which case it is a class E felony.
Notes of Decisions
Cited in
12
cases (
5 in the last 5 years), 2015–2023 · leading case:
State v. Davis, 564 S.W.3d 649 (Mo. Ct. App. 2018).
State v. Davis, 564 S.W.3d 649 (Mo. Ct. App. 2018).
· cites it 4× “It is also significant that Davis was convicted under § 566.101, RSMo Cum. Supp. 2013, which prohibits a person from "purposely subject[ing] another person to sexual contact without that person's consent.”
State v. Ganzorig, 533 S.W.3d 824 (Mo. Ct. App. 2017).
· cites it 2× “Section 566.101. 2 Section 566.010(3) defines “sexual contact” as any touching of another person’s genitals, either directly or through the clothing, “for the purpose of arousing or gratifying the sexual desire of any person.”
State of Missouri v. Ronald Ward, 485 S.W.3d 380 (Mo. Ct. App. 2016).
· cites it 2× “We note *381 that subsequent to Ward’s crimes, in 2013, the offense of first-degree sexual misconduct was transferred to section 566.101 and .renamed second-degree sexual abuse.”
State v. Schuler, 563 S.W.3d 157 (Mo. Ct. App. 2018).
· cites it 2× “References to section 566.101 is to RSMo Cum.Supp. 2013.”
Keeney v. Fitch, 458 S.W.3d 838 (Mo. Ct. App. 2015).
· cites it 4× “090 was transferred to and redesignated Section 566.101, rewritten and retitled “Second degree sexual abuse, penalties,” which at the current time provides as follows: Section 566.”
Brock Smith v. St. Louis Cnty. Police (Mo. Ct. App. 2022).
· cites it 5× “Louis County Police Department 2 We note that subsequent to Smith’s guilty plea, the offense previously known as “first-degree sexual misconduct” was transferred to § 566.”
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