Independence police are searching for a 42-year-old man wanted on an active warrant charging him with child molestation, statutory rape and statutory sodomy, and investigators believe he may have ties to Kansas. Dustin D. Phegley's current whereabouts remain unknown, and the image police have released to help identify him is about a decade old.
According to KMBC, Independence Police say Phegley faces one count of first-degree statutory rape, two counts of second-degree statutory rape, two counts of statutory sodomy, and a charge of child molestation, all outlined in a department Facebook post. Investigators believe the fugitive may have ties to Kansas, the station notes, though his exact location has not been confirmed. Police are also warning the public not to contact or attempt to apprehend Phegley themselves, directing anyone who spots him to call 911 immediately.
What Missouri's Statutory Rape and Sodomy Charges Carry
First-degree statutory rape, the most serious charge Phegley faces, is a felony under Missouri law that applies when an alleged victim is under 14 regardless of consent, and it carries a mandatory sentence of five years to life in prison, according to Combs Waterkotte. That mandatory minimum rises to 10 years to life if the victim was less than 12 or the offense qualifies as an aggravated sexual offense, per the same statute.
The two second-degree statutory rape counts are Class D felonies covering sexual intercourse between an adult 21 or older and a minor under 17, punishable by up to seven years in prison and fines as high as $10,000, Rose Legal Services explains. The statutory sodomy counts are also listed, but the available information does not specify their degree or the victim's age.
Missouri's strict liability standard also applies in cases like this one. State law explicitly bars a reasonable-mistake-of-age defense when an alleged victim is 13 or younger, meaning prosecutors would not need to prove a defendant knew the victim's age, per the Benjamin Law Firm.
Kansas Ties Complicate Any Eventual Arrest
Because investigators believe Phegley may have fled into Kansas, any eventual arrest would trigger formal interstate extradition procedures rather than a simple handover. Missouri has not adopted the Uniform Criminal Extradition Act, so returning a suspect apprehended in Kansas depends on federal extradition law and a governor-level request unless the suspect agrees to waive extradition, according to FindLaw. A warrant entered into the National Crime Information Center would allow Kansas officers to detain Phegley as a fugitive from justice in the meantime, per the same source.
How to Submit a Tip — and the Reward on Offer
Beyond calling 911 if Phegley is spotted, people with information can also contact the Independence Police Department directly, including through its non-emergency dispatch line at 816-836-3600, according to the City of Independence. Tips can also be submitted anonymously to the Greater Kansas City Crime Stoppers TIPS Hotline at 816-474-TIPS, which offers anonymous cash rewards for information leading to a felony arrest or indictment, according to the Kansas City Metropolitan Crime Commission, which operates the hotline. Callers remain anonymous, and the hotline is not the police department.
The hotline was created in 1982, according to the Kansas City Police Department.
What a Conviction Would Mean for Phegley
The available information does not establish what a conviction on either the first-degree statutory rape or first-degree statutory sodomy charge would mean for Phegley's Missouri Sex Offender Registry status. It also does not establish the applicable registration requirements or whether any designation could be expunged.
The available information does not establish whether Missouri law would impose a sentencing enhancement for a persistent sexual offender, how that status is defined, or whether Phegley has prior convictions relevant to such an enhancement.
A Similar Case Playing Out in Jackson County
A separate 2016 report identified a second-degree statutory rape charge involving alleged conduct that began in December 2014.
