All Sex in the State of Missouri is illegal?

I was under the belief that homosexuality was illegal in the state of Missouri. One of only four states still to have such a law. However, apparently, this may not be the case. Missouri may have inadvertently legalized homosexuality over a decade ago when it combined several statutes into one very poorly worded paragraph.

The law, as written now, states:

“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 person’s consent”

There are three parts to this, all connected with “or’s”. If “Without that person’s consent” only applies to the last, then the second part would make any sexual contact (even heterosexual between husband and wife) sexual misconduct.

So logically, it must apply to all three parts…so consensual homosexuality is now legal…

Yes, the legislature most likely intended it to apply to parts 2 and 3, and not 1. But the way the paragraph is phrased, that is not an option.

And here’s the court case that might decide this issue once and for all for the State of Missouri.