STATUTORY SODOMY

A person commits statutory sodomy by having deviate sexual intercourse with a person under the age of 14, which more simply put means the alleged in engaged in anal or oral intercourse with a minor. The offense of statutory sodomy prohibits both skin-to-skin touching and penetration. Matter of the Care and Treatment of P.L. (App. E.D. 2018) 561 S.W.3d 62.

Since this crime is a statutory offense, it would not matter if the minor had agreed to participate in the sexual act. Under the law, an individual under the age of 14 is not old enough to give legal consent. Statutory sodomy is classified as a felony sex offense in Missouri, which means that it is punishable by a lengthy term in state prison.

566.062. Statutory Sodomy and Attempt to Commit, First Degree:

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.

– Which, more specifically, means anal or oral intercourse.

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 and subjected to an extended term of imprisonment under said section.

Chapter 566.064. Statutory Sodomy, Second Degree:

1. A person commits the offense of statutory sodomy in the second degree if being twenty-one years of age or older, he or she has deviate sexual intercourse with another person who is less than seventeen years of age.

2. The offense of statutory sodomy in the second degree is a class D felony for a prison term not exceeding seven years.

Merely touching female sex organs is insufficient to support a conviction for statutory sodomy; there must be penetration, however slight. State v. Sanders (App. E.D. 2016) 481 S.W.3d 907.