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Mistake as to the age of the victim may be a defense in some circumstances as defined in RSMo The distinction among those crimes has led some to the false conclusion that Missouri has a close in age exception. Missouri has no such exception beyond the degree of crime committed. While the statutory titles are cast in terms of Rape and Sodomy, the statutes prohibit conduct that is described as "sexual intercourse" and "deviant sexual intercourse". Statutory rape, second degree, penalty. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older , he has sexual intercourse with another person who is less than seventeen years of age. Statutory sodomy, second degree, penalty.