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SEXUAL MISCONDUCT

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Sexual Misconduct Allegations in Missouri

Sexual misconduct allegations involve a wide range of conduct that is often misunderstood and frequently overcharged. While these offenses are generally less severe than rape or sodomy, they can still carry jail time, criminal records, sex-offense labeling, and long-term personal and professional consequences.

Many sexual misconduct cases arise from misunderstandings, impulsive conduct, intoxication, or situations where intent is disputed. Early legal representation is critical to limit exposure and prevent minor allegations from escalating.

Experience and Early Defense Matters in Sexual Misconduct Cases

Sexual misconduct cases often begin as investigations rather than arrests. Law enforcement and prosecutors make early decisions about how to classify the conduct and which charges to pursue.

Attorney Thomas Kissell has handled thousands of criminal cases across Missouri, including sex-related allegations ranging from misdemeanors to serious felonies. His experience includes early intervention, challenging charging decisions, and preventing cases from being unnecessarily elevated.

Early involvement can make the difference between:

  • A citation and an arrest
  • A misdemeanor and a felony
  • A closed investigation and filed charges

Why Early Legal Representation Is Critical

Sexual misconduct allegations often rely on subjective interpretations of conduct and intent. Once a narrative is established in a police report, it becomes difficult to undo.

In many cases:

  • No arrest has occurred
  • No charges have been filed
  • The matter exists only as a complaint or investigation

This is the stage where effective defense work is most impactful.

Pre-Investigation Defense Can Limit or Prevent Charges

Early legal representation allows defense counsel to:

  • Intervene before formal charges are filed
  • Clarify facts before they are mischaracterized
  • Preserve favorable evidence
  • Prevent overcharging

In many sexual misconduct cases, early involvement results in reduced charges, alternative resolutions, or no charges at all.

What Missouri Law Considers Sexual Misconduct

Missouri law recognizes several forms of sexual misconduct, primarily focused on public conduct, exposure, and offensive solicitation, rather than sexual intercourse or penetration.

Sexual misconduct charges are divided into:

  • Sexual Misconduct in the First Degree
  • Sexual Misconduct in the Second Degree
  • Sexual Misconduct Involving a Child

Each carries different elements and penalties.

Sexual Misconduct in the First Degree

Missouri Revised Statute 566.093 defines Sexual Misconduct in the First Degree.

A person commits this offense if he or she:

  • Exposes his or her genitals under circumstances where the person knows the conduct is likely to cause affront or alarm
  • Has sexual contact in the presence of a third person under circumstances likely to cause affront or alarm
  • Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person

Penalties for First Degree Sexual Misconduct

  • First offense is a Class B misdemeanor, punishable by up to six months in jail
  • Second offense is a Class A misdemeanor, punishable by up to one year in jail

These cases often turn on intent, context, and whether the conduct was knowingly offensive.

Sexual Misconduct in the Second Degree

Missouri Revised Statute 566.095 defines Sexual Misconduct in the Second Degree.

A person commits this offense if he or she solicits or requests another person to engage in sexual conduct under circumstances where the person knows the request is likely to cause affront or alarm.

Penalties for Second Degree Sexual Misconduct

  • Class C misdemeanor
  • Punishable by up to fifteen days in jail

These charges frequently arise from verbal conduct, misunderstandings, or isolated statements and are highly fact-specific.

Sexual Misconduct Involving a Child

Missouri Revised Statute 566.083 governs Sexual Misconduct Involving a Child.

A person may be charged if he or she knowingly:

  • Exposes his or her genitals to a child less than fifteen years of age under circumstances likely to cause affront or alarm
  • Exposes genitals to a child less than fifteen for the purpose of sexual arousal or gratification
  • Coerces or induces a child less than fifteen to expose the child’s genitals
  • Coerces or induces a child known to be less than fifteen to expose the breasts of a female child through electronic or internet-based means

The statute applies whether the conduct occurs in person or through electronic communication.

Penalties for Sexual Misconduct Involving a Child

  • Class E felonyfor a first offense, punishable by up to four years
  • Class D felonyfor a second offense, punishable by up to seven years

These allegations carry heightened scrutiny and serious collateral consequences.

Intent, Context, and Credibility Matter

Sexual misconduct cases often depend on:

  • Whether the conduct was knowing or intentional
  • The surrounding context
  • Whether the conduct was likely to cause affront or alarm
  • Credibility of statements

These cases are rarely as simple as charging documents suggest.

Bonds and Pretrial Consequences

Even misdemeanor sexual misconduct charges can result in:

  • Arrest and jail time
  • Bond conditions restricting movement or contact
  • Employment consequences
  • Public and reputational harm

Early legal representation helps limit damage from the outset.

How Sexual Misconduct Cases Are Defended

Effective defense requires careful analysis of statutory elements and facts.

Defense strategies may include:

  • Challenging intent and knowledge
  • Disputing whether conduct was offensive or alarming
  • Attacking credibility and inconsistencies
  • Examining context and surrounding circumstances
  • Preventing improper escalation of charges

Preparation and early involvement matter.

What To Do If You Are Accused of Sexual Misconduct

If you are under investigation or have been charged:

  • Do not speak to law enforcement without an attorney
  • Do not attempt to explain or minimize the conduct
  • Do not delete messages or digital communications
  • Contact an experienced criminal defense attorney immediately

Early mistakes can have lasting consequences.

Confidential Consultation With a Missouri Sexual Misconduct Defense Attorney

Attorney Thomas Kissell of Kissell Law Group has handled thousands of criminal cases across Missouri, including sex offense allegations ranging from misdemeanors to serious felonies.

If you are under investigation, have been contacted by police, or fear allegations may be coming, time matters.

Initial consultations are absolutely free.
All consultations are confidential and judgment-free.

Contact Kissell Law Group today to protect your future.

Need Any Help?

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Office Address

7513A Forsyth Blvd Clayton, MO 63105