Sex Outlawed in Missouri! (Poss. off. to Missourians)

Pillow talk in Missouri: Has sex been outlawed?

KANSAS CITY, Mo. (AP) – Birds do it. Bees do it. But Missourians arent allowed to do it, according to some interpretations of a new state law.

I dont know what they were trying to say, but I know that what they did say seems to outlaw sex altogether, said David Foster, director of the writing lab a the University of Missouri-Kansas City.

Others disagree. One legislator says it legalizes homosexual sex and outlaws nonconsensual sex. Another says it outlaws homosexual sex and nonconsensual sex.

The law, which took effect Aug. 28, says: A person commits the crime of sexual misconduct in the first degree if he has deviate sexual intercourse with another person of the same sex, or he purposely subjects another person to sexual contact or engages in conduct which would constitute sexual contact except that the touching occurs through the clothing without that persons consent.

Attorney Dan Viets wrote about the statute in the fall issue of the Missouri Association of Criminal Defense Lawyers newsletter, saying it appears to outlaw any purposeful sexual contact.

House Speaker bob Griffin says the only way the sentence makes sense is if the reader applies the without that persons consent phrase to all three parts of the sentence. In that case, gay sex between consenting adults would be legal, Griffin said.

Thats the only way you can read it, he said. It doesnt make any sense in the scheme of human nature that it would read otherwise.

But state Sen. Larry Rohrbach, a Republican, says the law explicitly prohibits gay sex.

I dont think theres a problem with the law as its written, he said.

Most Missourians need not fear.

The Missouri Supreme Court plans to release new instructions that would make it clear that the law applies only to sex without consent, said Cole County Prosecutor Richard Callahan.

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