SECOND REGULAR SESSION
[CORRECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
95TH GENERAL ASSEMBLY
3426L.04C D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 565.200 and 566.023, RSMo, and to enact in lieu thereof two new sections relating to sexual contact with a patient, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 565.200 and 566.023, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 565.200 and 566.023, to read as follows:
565.200. 1. Any person who is an owner [or] , employee of, or assigned to work in a skilled nursing facility, as defined in section 198.006, RSMo, [or] an Alzheimer's special unit or program, as defined in section 198.505, RSMO, any health care facility licensed under chapter 197, or a long-term care facility as defined in section 198.006 and who:
(1) Has sexual contact, as defined in section 566.010, RSMo, with a resident or patient 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, RSMo, with a resident or patient 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] persons who engage in sexual conduct, as defined in section 566.010, RSMo, with a resident or patient to whom the [owner or employee] person is married.
3. Consent of the victim is not a defense to a prosecution pursuant to this section.
566.023. It shall be an affirmative defense to prosecutions pursuant to sections 565.200, 566.032, 566.034, 566.062, 566.064, 566.068, and 566.090 that the defendant was married to the victim at the time of the offense.
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