State Guide
Age of Consent in Missouri
A plain-English guide to the age of consent in Missouri, cited to RSMo § 566.034. Missouri’s close-in-age allowance is based on the offender’s own age, not a numeric age gap.
Not covered if offender is under 21, victim 14–16Missouri at a glance
The core figures from this guide, in one place.
| Age of consent | 17 |
|---|---|
| Governing statute | RSMo § 566.034 (Statutory Rape, Second Degree) |
| Close-in-age mechanism | Offender-age threshold, not a numeric gap |
| Age-based defense, if any | Affirmative defense for reasonable belief victim was 17+ |
| Related offense | Statutory rape, first degree — RSMo § 566.032 (victim under 14) |
Overview
Missouri sets its age of consent at 17. RSMo Section 566.034, statutory rape in the second degree, only reaches sexual intercourse with someone under 17 where the offender is 21 or older. Someone under 21 with a partner 14 through 16 is not covered by this statute at all.
This is an offender-age threshold, not a numeric age-gap rule. It does not matter how close the two people are in age in years; what matters is whether the older person has reached 21.
Age of consent in Missouri
Section 566.034 makes it a class D felony for someone 21 or older to have sexual intercourse with a person under 17. Section 566.032, statutory rape in the first degree, separately covers a victim under 14 with no minimum offender age at all, carrying five years to life in prison.
Close-in-age rules in Missouri
Because Section 566.034 only reaches an offender 21 or older, a victim 14 through 16 with a partner under 21 is not covered by either degree of statutory rape: the first-degree statute requires a victim under 14, and the second-degree statute requires an offender 21 or older.
Exceptions and defenses
Missouri allows a mistake-of-age affirmative defense for statutory rape or sodomy involving a victim 14 or older, where the defendant reasonably believed the person was 17 or older. This defense is not available where the victim is 13 or younger; the statute explicitly states that a belief the child was older is no defense at that age.
Applicable statutes
The codified Missouri law this guide is drawn from.
Practical examples
Example 1. A 16-year-old and a 20-year-old, a four-year gap. Because the older person is under 21, neither degree of statutory rape reaches this conduct.
Example 2. A 16-year-old and a 24-year-old, an eight-year gap. Because the offender is 21 or older, statutory rape in the second degree applies.
Example 3. A 13-year-old and a 19-year-old, a six-year gap. Because the victim is under 14, statutory rape in the first degree applies regardless of the offender’s age.
Frequently asked questions about Missouri
What is the age of consent in Missouri?
17. RSMo Section 566.034 makes it a felony for someone 21 or older to have intercourse with anyone under 17.
Does Missouri have a Romeo and Juliet law?
Informally, yes. Because the statute only reaches an offender 21 or older, a victim 14 through 16 with a partner under 21 is not covered by either degree of statutory rape.
Is this based on the age gap or the offender’s age?
The offender’s own age. It does not matter how close in age the two people are; what matters is whether the older person has reached 21.
Does a mistaken belief about age count as a defense?
For a victim 14 or older, yes: a reasonable belief the person was 17 or older is an affirmative defense. This defense is not available for a victim 13 or younger.
What if the victim is under 14?
Statutory rape in the first degree applies, with no minimum offender age and no mistake-of-age defense, carrying five years to life in prison.
Official sources
Primary and official sources this guide is built from.
Missouri vs. a gap-based state
Missouri’s model differs from a numeric age-gap allowance.
| Feature | Missouri | A gap-based state |
|---|---|---|
| What determines coverage | Offender’s absolute age (21+) | The size of the gap between the two people |
| Mistake-of-age defense | Yes, for victim 14+ | Varies by state |
| Victim under 14 | No allowance of any kind | Varies by state |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Revised Statutes of Missouri, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Missouri attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Revised Statutes of Missouri as of 26 July 2026. It has not yet been reviewed by a licensed Missouri attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.