Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
< > Effective - 28 Aug 2002, 2 histories, see footnote (history)565.200. Until December 31, 2016 — Skilled nursing facility residents, sexual contact or intercourse with, penalties — consent not a defense. — 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. Any person who commits a second or subsequent violation of this subdivision is guilty of a class A misdemeanor; 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. Any person who commits a second or subsequent violation of this subdivision is guilty of a class D 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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(L. 2002 S.B. 969, et al.)
Transferred 2014; now 566.116; Effective 1-01-17
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565.200 | 1/1/2017 | 1/1/2017 | ||
565.200 | 8/28/2002 | 1/1/2017 |
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