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) 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) 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. 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. The provisions of this section shall not apply to any person who is married to the resident or vulnerable person. 4. Consent of the victim is not a defense to a prosecution under this section.
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