Missouri Revised Statutes

Mo. Rev. Stat. § 566.145 (2026)

Sexual conduct in the course of public duty, offense of

✓ current as of May 2026

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566.145. Sexual conduct in the course of public duty, offense of — definitions — violation, penalty — consent not a defense. — 1. A person commits the offense of sexual conduct in the course of public duty if the person engages in sexual conduct:

(1) With a detainee, a prisoner, or an offender and the person:

(a) Is an employee of, or assigned to work in, any jail, prison or correctional facility and engages in sexual conduct with a prisoner or an offender who is confined in a jail, prison, or correctional facility;

(b) Is a probation and parole officer and engages in sexual conduct with an offender who is under the direct supervision of the officer; or

(c) Is a law enforcement officer and engages in sexual conduct with a detainee or prisoner who is in the custody of such officer; or

(2) With someone who is not a detainee, a prisoner, or an offender and the person is:

(a) A probation and parole officer, a police officer, or an employee of, or assigned to work in, any jail, prison, or correctional facility;

(b) On duty; and

2. For the purposes of this section the following terms shall mean:

(1) "Detainee", a person deprived of liberty and kept under involuntary restraint, confinement, or custody;

(2) "Offender", includes any person in the custody of a prison or correctional facility and any person who is under the supervision of the division of probation and parole;

(3) "Prisoner", includes any person who is in the custody of a jail, whether pretrial or after disposition of a charge.

3. The offense of sexual conduct in the course of public duty is a class E felony.

4. Consent of a detainee, a prisoner, an offender, or any other person is not a defense.

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(L. 2002 S.B. 969, et al., A.L. 2006 H.B. 1698, et al., A.L. 2009 H.B. 747, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2010–2023 · leading case: State of Missouri v. Mallorie M. Barnett, 504 S.W.3d 807 (Mo. Ct. App. 2016).

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State of Missouri v. Mallorie M. Barnett, 504 S.W.3d 807 (Mo. Ct. App. 2016). · cites it 17× “Barnett (Defendant) appeals from the judgment upon her conviction following a jury trial for one count of Sexual Contact with a Prisoner or Offender by Probation/Parole Officer/Employee of Jail, Prison, or Correctional Facility, in violation of Section 566.145, RSMo 2000, 1 for…”

Kristin Sconiers v. FNU Lockhart, 946 F.3d 1256 (11th Cir. 2020). “§ 97-3-104; Mo. Rev. Stat. §§ 566.145 , 566.010(6); Tenn.”

State v. Hall, 321 S.W.3d 453 (Mo. Ct. App. 2010). · cites it 4× “Likewise, section 566.145 criminalized the offense of sexual contact with a prisoner or offender by an employee of a correctional facility and contains a provision that "[c]onsent of a prisoner or offender is not an affirmative defense.”

Crawford v. Cuomo, 796 F.3d 252 (2d Cir. 2015). “§ 97-3-104; Mo. Rev.Stat. § 566.145; Mont.Code Ann. § 45-5-502; Neb.”

State v. Gaylord, 526 S.W.3d 293 (Mo. Ct. App. 2017). · cites it 23× “Gaylord appeals the circuit court’s judgment, following a jury trial, convicting him of two counts of the class D felony of sexual contact with a prisoner, in violation of section 566.145, RSMo. 1 We affirm. *295 Background Gaylord was charged by felony information with one…”

Rhonda McCleery v. Nodaway Cnty. Sheriff's Dep't; Missouri State High. Patrol (Mo. Ct. App. 2023). · cites it 3× “Background On September 24, 2007, McCleery pleaded guilty to the offense of sexual contact with an inmate in violation of section 566.145, RSMo Supp. 2002. She was required to register as a sex offender and has continuously registered since her guilty plea in 2007.”

State v. HEWKIN, 330 S.W.3d 506 (Mo. Ct. App. 2010). · cites it 3× “Defendant, Tara Latham, appeals from the judgment entered after the trial court found her guilty of three counts of sexual contact with an inmate, in violation of section 566.145 RSMo (2000) 1 . The court sentenced defendant to three years imprisonment on each of the counts,…”

Ray v. Missouri Dep't of Corr. (W.D. Mo. 2021). “See RSMo § 566.145 (making it a class E felony for a prison employee to have sexual contact with a prisoner).”

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