Arrested or Charged with Child Molestation in the Second Degree (RSMo § 566.068) in Missouri?

Facing a charge of Child Molestation in the Second Degree (RSMo § 566.068) in Missouri is an incredibly serious situation. These charges carry significant penalties and long-term consequences, even before a conviction is reached. If you or someone you care about has been arrested or charged with this offense, it is critical to understand what the law says, what the potential penalties are, and how legal representation can help.

At Rose Legal Services, we are passionate about helping good people get a second chance. We have spent more than 20 years representing people accused of serious crimes in Missouri — including sex offenses like Child Molestation in the Second Degree — and we know what it takes to help protect your rights and your future.

What Is Child Molestation in the Second Degree in Missouri?

Under Missouri law, Child Molestation in the Second Degree is defined by RSMo § 566.068. A person commits this offense if they:

• Subject a child who is less than twelve years of age to sexual contact; or
• Are more than four years older than a child who is less than seventeen years of age, and they subject that child to sexual contact in a way that qualifies as an aggravated sexual offense.

This is not a minor charge. It is classified as a Class B felony, which is one of the most serious felony levels in Missouri outside of Class A felonies. The prosecution must prove all elements of the offense, including the specific age requirements and the presence of sexual contact.

What is “Sexual Contact” Under Missouri Law?

In Missouri, “sexual contact” has a specific legal definition. It generally refers to any touching of another person with the purpose of arousing or gratifying sexual desire. That includes touching either the victim or the alleged perpetrator, over or under clothing, depending on the circumstances.

“Aggravated sexual offense” is a legal term that refers to particularly serious forms of sexual misconduct that may involve threats, coercion, or other aggravating factors. If the prosecution is alleging an aggravated sexual offense, it’s important to understand what specific facts they are relying on.

Penalties for Child Molestation in the Second Degree (RSMo § 566.068)

A conviction for Child Molestation in the Second Degree brings severe legal consequences. As a Class B felony, this offense carries a sentencing range of:

• 5 to 15 years in prison
• Mandatory sex offender registration under Missouri law
• No eligibility for probation or parole until a minimum portion of the sentence has been served, depending on prior record and sentencing guidelines

Additionally, because this offense involves a child under 17 — and potentially under 12 — the penalties can be even more severe depending on aggravating circumstances.

The Impact of Sex Offender Registration

Being convicted of a sex crime such as Child Molestation in the Second Degree means mandatory sex offender registration, which creates additional long-term consequences:

• Your name and address may be published on the Missouri Sex Offender Registry, a public database.
• You may be restricted from living near schools, playgrounds, or daycares.
• Your employer may be notified, and job opportunities may become extremely limited.
• You will have to update your registration regularly, often for the rest of your life.

Even if you avoid prison, the effects of sex offender registration can follow you for decades. That’s why it’s critical to take these charges seriously from the very beginning.

Collateral Consequences of a Conviction

Legal penalties are only part of the story. The collateral consequences of being convicted of Child Molestation in the Second Degree in Missouri can include:

• Damage to your reputation and personal relationships
• Loss of employment opportunities
• Difficulty securing housing or loans
• Potential loss of custody or visitation rights
• Ineligibility for certain professional licenses
• Limited opportunities for travel, especially outside the United States

These are life-altering consequences — and they apply even after a prison sentence or probation period ends. That’s why early legal intervention is essential.

Common Legal Issues and Defense Strategies

Every case is different, and the best defense will depend on the specific facts of your situation. However, here are some common issues that arise in Child Molestation in the Second Degree cases and potential legal strategies that may apply:

1. Consent Is Not a Defense

In Missouri, the age of the child is the key factor. A child under 12 cannot legally consent to sexual contact under any circumstances. Likewise, if the child is under 17 and the accused is more than four years older, consent does not provide a legal defense if the offense is classified as aggravated.

2. Mistaken Identity

False accusations can occur. In some cases, a witness or the alleged victim may mistakenly identify the wrong person. Surveillance footage, alibis, and forensic evidence (such as DNA or digital records) may help show that you were not the person involved.

3. False Allegations

Unfortunately, accusations involving children are sometimes influenced by adult conflicts — especially in contentious divorce or custody battles. An experienced legal team can examine whether the allegations may have been fabricated or influenced by another person.

4. Insufficient Evidence

In any criminal case, the burden is on the prosecution to prove guilt beyond a reasonable doubt. If their evidence is weak or based solely on testimony without corroborating facts, it may be possible to challenge the reliability and credibility of that evidence in court.

5. Constitutional Violations

If your rights were violated — during an arrest, interrogation, or search — then key evidence may be excluded from trial. We thoroughly review each case for possible constitutional violations that could affect the outcome.

What to Do If You’ve Been Arrested or Charged

If you have been arrested or charged with Child Molestation in the Second Degree (RSMo § 566.068) in Missouri:

• Do not speak with police or investigators without your attorney present. Anything you say can be used against you.
• Do not contact the accuser, even to “clear things up.” This can lead to additional charges or be seen as witness tampering.
• Preserve evidence — text messages, emails, social media interactions, or anything else that may support your defense.
• Hire a criminal defense attorney who has experience handling serious felony sex offenses in Missouri.

How Rose Legal Services Can Help

At Rose Legal Services, our practice is focused exclusively on criminal defense. That means we don’t divide our time with personal injury, divorce, or bankruptcy cases. We’re all in — working together to help our clients through the most difficult moments of their lives.

When you hire our firm, you get:

• A team of multiple attorneys with dedicated roles
• Access to two Client Care Specialists who will provide updates and answer your questions
• Monthly written status reports on your case
• Open Office Hours twice per week for in-person or Zoom consultations — no appointment necessary

We also know the courts and prosecutors throughout Missouri. We’ve handled thousands of cases just like yours, and we bring that experience to bear on every legal strategy we develop.

Contact Rose Legal Services

If you or someone you know has been arrested or charged with Child Molestation in the Second Degree (RSMo § 566.068), we encourage you to contact us today. The sooner you have experienced representation on your side, the better your chances of reaching a favorable outcome.

We offer free consultations for individuals who have not yet hired an attorney or who are currently represented by the public defender. During your consultation, we will listen to your situation, explain your rights, and provide a clear plan for moving forward.

Your defense starts with a conversation. Let us help you protect your future.