Missouri does not have a statute called the Romeo and Juliet law, but its criminal code builds close-in-age protection directly into the statutory rape and statutory sodomy offenses. Sexual intercourse with a person under 17 is only second-degree statutory rape if the older partner is at least 21, which keeps most teenage and young-adult couples outside that charge. The protection is narrower than it sounds, though, because a separate offense covering sexual contact kicks in with only a four-year age gap.
The 21-and-Older Rule for Intercourse
Statutory rape in the second degree applies only when the older person is 21 or older and has sexual intercourse with someone under 17.1Missouri Revisor of Statutes. Missouri Revised Statutes 566.034 – Statutory Rape, Second Degree, Penalty Statutory sodomy in the second degree uses the same 21-and-older threshold for sexual acts other than intercourse.2Missouri Revisor of Statutes. RSMo Section 566.064 – Statutory Sodomy, Second Degree, Penalty
A 19-year-old having consensual sex with a 16-year-old is not committing second-degree statutory rape or statutory sodomy under these sections. A 21-year-old in the same situation is. Missouri’s age of consent is 17, so once the younger person turns 17 these statutes stop applying entirely.
The Four-Year Rule for Sexual Contact
Here is where couples who think they are protected get into trouble. Child molestation in the fourth degree makes it a crime for anyone more than four years older than a person under 17 to subject that person to sexual contact.3Missouri Revisor of Statutes. RSMo Section 566.071 – Child Molestation, Fourth Degree, Penalty Sexual contact is broader than intercourse and includes touching.
So a 20-year-old having intercourse with a 15-year-old escapes second-degree statutory rape because the 20-year-old is under 21. That same 20-year-old can still be charged with fourth-degree child molestation for sexual touching in the same encounter, because they are more than four years older than the 15-year-old. It is a Class E felony carrying up to four years in prison.4Missouri Revisor of Statutes. RSMo Section 558.011 – Authorized Terms of Imprisonment The Missouri Department of Health and Senior Services lays out this overlap in its guidance on adolescent sexual activity.5Missouri Department of Health and Senior Services. Missouri Minor Consent Laws
The gap between an 18-to-20-year-old and a partner under 17 sits in a zone where the intercourse charge disappears but the molestation charge for touching does not.
No Protection When the Younger Person Is Under 14
None of the close-in-age provisions apply when the younger person is under 14. Statutory rape in the first degree criminalizes sexual intercourse with anyone under 14 regardless of the older partner’s age.6Missouri Revisor of Statutes. RSMo Section 566.032 – Statutory Rape and Attempt to Commit, First Degree, Penalties Statutory sodomy in the first degree does the same for other sexual acts.7Missouri Revisor of Statutes. RSMo Section 566.062 – Statutory Sodomy and Attempt to Commit, First Degree, Penalties A 15-year-old who has sex with a 13-year-old can be charged. The law draws a hard line at 14.
Positions of Authority Override the Protection
Even when the ages would otherwise fall inside the protected range, relationships that carry a power imbalance—teacher and student, coach and athlete, stepparent and stepchild—are covered by separate abuse-of-authority statutes. The age-gap structure of the statutory rape law will not shield someone who holds that kind of power over the younger person.
Mistake of Age Is Not a Defense
People often assume that believing a partner was old enough should be a defense. Missouri’s statutory rape and sodomy statutes do not include a mistake-of-age defense, and the offenses operate as strict liability with respect to age. Someone who genuinely and reasonably believed their partner was 17 can still be convicted if the partner was 16 and the other elements are met. A fake ID, the younger person’s appearance, or their verbal claims about their age will not undo the charge.
Penalties
First-degree statutory rape and first-degree statutory sodomy carry a prison sentence ranging from five years to life. The legislature set that penalty range specifically rather than slotting these offenses into Missouri’s standard felony tiers.6Missouri Revisor of Statutes. RSMo Section 566.032 – Statutory Rape and Attempt to Commit, First Degree, Penalties7Missouri Revisor of Statutes. RSMo Section 566.062 – Statutory Sodomy and Attempt to Commit, First Degree, Penalties
Second-degree statutory rape and second-degree statutory sodomy are Class D felonies punishable by up to seven years.1Missouri Revisor of Statutes. Missouri Revised Statutes 566.034 – Statutory Rape, Second Degree, Penalty4Missouri Revisor of Statutes. RSMo Section 558.011 – Authorized Terms of Imprisonment Fourth-degree child molestation is a Class E felony with a maximum of four years.3Missouri Revisor of Statutes. RSMo Section 566.071 – Child Molestation, Fourth Degree, Penalty
Sex Offender Registration
A conviction under any degree of Missouri’s statutory rape or statutory sodomy laws requires registration on the state’s sex offender registry. Under the federal Sex Offender Registration and Notification Act, first-degree statutory rape is a Tier III offense requiring lifetime registration, and second-degree statutory rape is a Tier II offense with a minimum 25-year registration period.8Office of Justice Programs. Revised and Updated SORNA Substantial Implementation Review: State of Missouri
Missouri does allow petitions to a court for removal from the registry after a waiting period, but removal is not automatic. The court must find that the person has completed sex offender treatment, has no pending sex offense charges, and does not pose a threat to public safety.9Missouri Revisor of Statutes. RSMo Section 589.401 – Petition for Removal from Sexual Offender Registry
Missouri Age Thresholds at a Glance
- Under 14: any sexual act is a first-degree felony regardless of the other person’s age; no close-in-age protection.
- 14, 15, or 16, intercourse or deviate sexual acts: charged under the second-degree statutes only if the other person is 21 or older.
- 14, 15, or 16, sexual contact: charged as fourth-degree child molestation if the other person is more than four years older.
- 17 or older: above Missouri’s age of consent; the statutory rape and sodomy statutes no longer apply.
The distance between the four-year rule for sexual contact and the 21-year-old threshold for intercourse is the part of Missouri law that catches people off guard. Understanding only the “21 and older” rule leaves out the touching offense, which reaches much younger defendants.