SODOMY

Sodomy in the first degree consists of having deviate sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or having deviate sexual intercourse by the use of forcible compulsion. The state must establish that the defendant acted with intent to arouse or gratify sexual desire or to terrorize the victim. State v. Fields, 739 S.W.2d 700 (Mo. 1987). The elements of sodomy first degree can be summarized as (1) knowingly (2) having deviate sexual intercourse with the victim (3) where the victim is incapacitated, incapable of consent, lacks capacity to consent, or where the defendant uses forcible compulsion. State v. Londagin, 102 S.W.3d 46 (Mo. Ct. App. S.D. 2003).

Sodomy second degree is committed if the defendant has deviate sexual intercourse with another person, knowing that he does so without that person’s consent.

The phrase “deviate sexual intercourse” , means any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person, or a sexual act involving penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. State v. Holmsley, 554 S.W.3d 406 (Mo. 2018)

Chapter 566.060. Sodomy in The First Degree:

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.

2. The offense of sodomy in the first degree or an attempt to commit 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. Terms vary based on other circumstances as well (i.e. a prior offender).

Chapter 566.061. Sodomy in The Second Degree:

1. A person commits the offense of sodomy in the second degree if he or she has deviate sexual intercourse with another person knowing that he or she does so without that person’s consent.

2. The offense of sodomy in the second degree is a class D felony for which maximum imprisonment is 7 years.