FIRST REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES GOSEN (Sponsor) AND ROWLAND (Co-sponsor).
1399H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 565.200, RSMo, and to enact in lieu thereof one new section relating to sexual crimes against a resident of a skilled nursing facility, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 565.200, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 565.200, to read as follows:
565.200. 1. Any owner or employee of a skilled nursing facility, as defined in section 198.006, or an Alzheimer's special unit or program, as defined in section 198.505, who:
(1) Has sexual contact, as defined in section 566.010, with a resident is guilty of a class [B misdemeanor] D felony. Any person who commits a second or subsequent violation of this subdivision is guilty of a class [A misdemeanor] C felony; or
(2) Has sexual intercourse or deviate sexual intercourse, as defined in section 566.010, with a resident is guilty of a class [A misdemeanor] C felony. Any person who commits a second or subsequent violation of this subdivision is guilty of a class [D] B felony.
2. The provisions of this section shall not apply to an owner or employee of a skilled nursing facility or Alzheimer's special unit or program who engages in sexual conduct, as defined in section 566.010, with a resident to whom the owner or employee is married.
3. Consent of the victim is not a defense to a prosecution pursuant to this section.
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