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Can a person of age 19 have sexual intercourse with a person

Customer Question

Can a person of age 19 have sexual intercourse with a person 15 years of age in missoui?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.
Thank you for using JustAnswer!

No, the age of consent in Missouri is 17. If there is sexual contact, the 19-year-old can be charged with child molestation of the second-degree in violation of RSMo § 566.068.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 3 years ago.
From what I found on the internet, that law only applied to persons over the age of 21? Could I have more clarification?
Expert:  JB Umphrey replied 3 years ago.
That is not true.

Second degree child molestation is explained at: http://www.moga.mo.gov/statutes/c500-599/5660000068.htm

Child molestation, second degree, penalties.
566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.

2. Child molestation in the second degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class D felony.

There is no over-21 restriction for child molestation, second degree.

Statutory rape and sodomy in the second degree, RSMo §§ 566.034 and 566.064 involve a victim less than 17 years of age and an accused who is 21 years of age or older. Those are totally different crimes.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 3 years ago.
Can it be counted as a fair argument if the person lied about or appeared older then their age?
Expert:  JB Umphrey replied 3 years ago.
It is not a winning defense because, by their very age of them being a minor, they cannot be legally responsible for their acts lies.

This is why, for example, stores and bars are required to ID people before selling them tobacco or alcohol. As a matter of public policy, the Legislature has already created a framework where, when it comes to age, people cannot be taken at their word alone.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 3 years ago.
I met a girl at a concert who looked around my age and we had sexual intercourse. It turned out she is turning 16 next month and I am 19. Her father found out about our relationship but has no evidence of sexual contact. He said he was going to contact the authorities. What should I do?
Expert:  JB Umphrey replied 3 years ago.
You have a Fifth Amendment constitutional right to remain silent and you will want to exercise that if contacted by the police.

Please take the time to watch this video to have a full appreciation of why: http://www.youtube.com/watch?v=i8z7NC5sgik

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 3 years ago.
So if the cops show up to my dormitory and ask to question me, all i just have to plead the 5th? can they arrest me if im silent?
Customer: replied 3 years ago.
Relist: Answer came too late.
Expert:  Attorney 1 replied 3 years ago.
I agree with the prior expert, that you will not want to speak with the police, but recommend that, instead of necessarily taking the 5th, exercise your rights to remain silent and to speak wiith an attorney. All questionning will have to stop at that moment. You should never speak with the police without an attorney present - ever, and you are not required to say a thing.

If you need more information, please let me know, and I will be happy to continue assisting you.

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____________________________________________________________________

This communication contains general information, only, and does not constitute the provision of legal advice. Information provided herein is not intended to replace a detailed legal consultation, and does not create an attorney/client relationship.

Customer: replied 3 years ago.
What happens after I call my attorney? DO the cops have to leave, or could they overhear what I am talking about?
Expert:  Attorney 1 replied 3 years ago.
All conversations with your attorney are absolutely private. The police have to leave and are not allowed to listen in.

If you need more information, I will be happy to continue to assist you.

­­­­­­­­­­­­­­­­­­­­­­­­­­­__________________________________________________________________

____________________________________________________________________

This communication contains general information, only, and does not constitute the provision of legal advice. Information provided herein is not intended to replace a detailed legal consultation, and does not create an attorney/client relationship.

Customer: replied 3 years ago.
The only evidence the father has of us ever making contact was when he discovered I was talking over facebook with his daughter. He told me he was going to contact the police, but it seems like a shallow threat. Should I be worried?
Expert:  Attorney 1 replied 3 years ago.
You have reason for some level of concern, considering what transpired between the two of you. There can be no prosecution, however, unless the daughter admits to the relationship, or unless there is some other evidence. Be sure not to tell anyone about it, because if people start talking, your statement or admission could be used against you by the authorities.

If you need more information, I will be happy to continue to assist you.

­­­­­­­­­­­­­­­­­­­­­­­­­­­__________________________________________________________________

____________________________________________________________________

This communication contains general information, only, and does not constitute the provision of legal advice. Information provided herein is not intended to replace a detailed legal consultation, and does not create an attorney/client relationship.

Customer: replied 3 years ago.
It was very much consensual and she is not going to admit anything and I have not gone public with the information of our relationship. With that in mind do you thin the police would just dismiss the case?
Expert:  Attorney 1 replied 3 years ago.
In that situation, there would be no case against you to dismiss.

Best of luck!!

­­­­­­­­­­­­­­­­­­­­­­­­­­­__________________________________________________________________

____________________________________________________________________

This communication contains general information, only, and does not constitute the provision of legal advice. Information provided herein is not intended to replace a detailed legal consultation, and does not create an attorney/client relationship.

Attorney 1, Lawyer
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Satisfied Customers: 1988
Experience: Knowledgeable and Experienced Attorney
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