What is the law on statutory rape in Missouri?

Question

I just turned 18 in October. My girlfriend is 16. She is a sophomore and Im a senior. I was just wondering; If we have sex, is it illegal, and can I be charged with statutory rape?

Answer 1

Chapter 566 and chapter 568 definitions.

566.010. As used in this chapter and chapter 568, RSMo, the following terms mean:

(1) "Deviate sexual intercourse", any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;

(2) "Sexual conduct", sexual intercourse, deviate sexual intercourse or sexual contact;

(3) "Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person;

(4) "Sexual intercourse", any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

Mistake as to incapacity or age--consent not a defense, when.

566.020. 1. Whenever in this chapter the criminality of conduct depends upon a victim's being incapacitated, no crime is committed if the actor reasonably believed that the victim was not incapacitated and reasonably believed that the victim consented to the act. The defendant shall have the burden of injecting the issue of belief as to capacity and consent.

2. Whenever in this chapter the criminality of conduct depends upon a child being thirteen years of age or younger, it is no defense that the defendant believed the child to be older.

3. Whenever in this chapter the criminality of conduct depends upon a child being under seventeen years of age, it is an affirmative defense that the defendant reasonably believed that the child was seventeen years of age or older.

4. Consent is not an affirmative defense to any offense under chapter 566 if the alleged victim is less than twelve years of age.

From the law I am seeing the age limitations are the one being over 21 and the other under 17 years of age.

However, just because you are "safe" with the laws of government does not mean you're "safe" from the laws of nature.

Engaging in sexual intercourse is a decision that both parties must be prepared for and if having having unprotected sex....realizing the consequences of one becoming pregnant.

This is where one should consider thinking with their "big head" not the "little head!"

Answer 2

I think you are okay, but you might want to check a couple of sources, since I am not sure if you are considered a "small difference in age".

Check out http://www.avert.org/aofconsent.htm.

For the public that isn't aware, 18 is not the age of consent everywhere, it varies from country to country and from state to state.

Answer 3

No.

In Missouri, provided you are under 21, the legal age is 14.

When you turn 21, the legal age becomes 17.

See http://www.moga.mo.gov/statutes/C500-599/5660000032.HTM

and

http://www.moga.mo.gov/statutes/C500-599/5660000034.HTM

Answer 4

MISSOURI 17
is the age when they are legal.

Answer 5

YEP..you can and will be charged.

I am sorry..do you not think that the Internet is not transparent? Or that people can report you to yahoo and they can track you down by your login information....

Not a smart question....I think you already knew the answer before you asked!

Answer 6

In Missouri, it's only legal if she's your sister.

Answer 7

Yes and yes

Answer 8

I think if you have to ask then you already know that you're doing something wrong...