1. 1. A person commits the offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree if he or she:

   1. (1) Being an owner or employee of a skilled nursing facility, as defined in section 198.006, or an Alzheimer's special care unit or program, as defined in section 198.505, has sexual intercourse or deviate sexual intercourse with a resident; or
   2. (2) Being a vender, provider, agent, or employee of a certified program operated, funded, licensed, or certified by the department of mental health, has sexual intercourse or deviate sexual intercourse with a vulnerable person.
2. 2. The offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree is a class A misdemeanor. Any second or subsequent violation of this section is a class E felony.
3. 3. The provisions of this section shall not apply to any person who is married to the resident or vulnerable person.
4. 4. Consent of the victim is not a defense to a prosecution under this section.

(L. 2014 S.B. 491)

Effective 1-01-17