Statutory Sodomy

Statutory Sodomy

Minors who are under the age of fourteen are considered too young to agree to certain sexual behavior in Missouri. If a minor claims to have agreed to the sexual activity, it still remains illegal. This non-consensual act with a willing minor child is known as statutory rape or statutory sodomy in Missouri.

Because of the child’s minor status, these activities are considered non-consensual under the law even when the minor does not consider it to be a crime.

Read on to learn more about what statutory sodomy is and what the consequences may be for breaking the Missouri statutory sodomy laws.

Statutory Sodomy Missouri

The state of Missouri outlaws all types of non-consensual sex, including oral, vaginal, and anal intercourse as well as contact between any private parts and the hands, mouth, etc.. The legal term for the non-consensual sexual activity depends on the anatomy involved in the activity and whether intercourse or penetration occurred.

For example, rape is generally described as a man inserting his penis into a woman’s vagina, while touching a breast without consent would be known as “sexual assault.” More severe penalties are assessed when the victim is a child and when weapons or force are involved.

What is Statutory Sodomy?

In the state of Missouri, an individual commits the crime of statutory sodomy in the first degree if he or she has deviate sexual intercourse with another individual who is under the age of fourteen. This is covered in Chapter 566 of The Revised Statutes of Missouri:

566.062. Statutory sodomy and attempt to commit, first degree, penalties. — 1. A person commits the offense of statutory sodomy in the first degree if he or she has deviate sexual intercourse with another person who is less than fourteen years of age.

  2. The offense of statutory sodomy in the first degree or an attempt to commit statutory sodomy in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless:

  (1) The offense is an aggravated sexual offense or the victim is less than twelve years of age, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years; or

  (2) The person is a persistent or predatory sexual offender as defined in section 566.125 and subjected to an extended term of imprisonment under said section.

If you are facing a statutory sodomy charge or other age of consent violation, contact experienced criminal defense attorneys like the ones at Carver & Associates.

What is First Degree Sodomy?

A person commits the offense of sodomy in the first degree if they have deviate sexual intercourse with an individual who lacks the capacity to consent for any reason, or from the use of forcible compulsion.

Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired in order to be capable of making an informed consent.

The legal definition in Missouri is provided within the Revised Statutes of Missouri, chapter 566:

566.060. Sodomy in the first degree, penalties — suspended sentence not granted, when. — 1. A person commits the offense of sodomy in the first degree if he or she has deviate sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.

Click here to read the full statute.

First Degree Sodomy Penalties

First-degree statutory sodomy is a class B felony in the state of Missouri. In the state of Missouri, sodomy in the first degree is a felony punishable by sentences ranging from 5 years to life or 10 years to life, depending on the severity of the sex crime.

Don’t delay. Consult aggressive advocates for your Statutory Sodomy case today.

Sodomy vs Rape

In general, rape is having or attempting to have sexual intercourse with another person without their consent. Similarly, sodomy is any form of deviate sexual intercourse, or non-procreative sexual conduct, which also occurs without the other person’s consent.

Difference Between Rape and Sodomy

The difference between rape and sodomy in the state of the Missouri depends on whether or not the sexual intercourse is “deviate.” Missouri uses the word “deviate” to make the distinction between the two terms.

Rape is intercourse without another person’s consent. Non-deviate “sexual intercourse” is defined in Missouri as “any penetration of the female sex organ by the male sexual organ, whether or not an emission results.” Then “deviate” sexual intercourse, on the other hand, covers other types of contact: the genitals and another person’s hand, mouth, or anus.

If you or a loved one is facing a statutory sodomy charge or a charge for another sex crime, an experienced Springfield, MO attorney can review your individual circumstances and advise you on the best defense tactics to pursue. A statutory sodomy charge is serious and can lead to severe penalties, so contact the trusted criminal defense lawyers at Carver & Associates today.

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