Missouri’s statutory sodomy laws are serious criminal statutes with severe penalties and lasting consequences. These laws aim to protect minors from sexual exploitation. This overview explains how statutory sodomy is defined and prosecuted in Missouri.
Legal Elements
The legal definition of statutory sodomy in Missouri centers on deviate sexual intercourse. Missouri Revised Statutes Section 566.010 defines this as any act involving the genitals of one person and the hand, mouth, tongue, or anus of another.1Missouri Revisor of Statutes. RSMo Section 566.010 – Chapter 566 and Chapter 568 Definitions The definition also includes any sexual act involving penetration of the sex organ or anus by a finger, instrument, or object, if done to arouse or gratify sexual desire or to terrorize the victim.
Missouri law distinguishes between statutory sodomy in the first degree and second degree based on the victim’s age. First-degree statutory sodomy, under Missouri Revised Statutes Section 566.062, involves deviate sexual intercourse with a person younger than fourteen.2Missouri Revisor of Statutes. RSMo Section 566.062 – Statutory Sodomy First Degree, Penalties The accused’s age is not a specific element for this offense.
Second-degree statutory sodomy, outlined in Missouri Revised Statutes Section 566.064, requires the accused to be twenty-one years of age or older and the victim to be younger than seventeen.3Missouri Revisor of Statutes. RSMo Section 566.064 – Statutory Sodomy Second Degree, Penalty For these statutory offenses, a minor’s consent is not a legal defense, as the laws protect those deemed too young to consent.
Offense Levels and Classifications
In Missouri, a statutory sodomy charge is a felony. The specific class depends on the offense’s degree. Statutory sodomy in the first degree, involving a victim under fourteen, is a class B felony.
Statutory sodomy in the second degree, where the accused is twenty-one or older and the victim is under seventeen, is a class D felony. A class D felony carries a lower range of penalties than a class B felony.
Sentencing Ranges
The prison sentence for a statutory sodomy conviction in Missouri depends on the offense’s degree. For first-degree statutory sodomy (a class B felony), Missouri Revised Statutes Section 558.011 mandates imprisonment for five to fifteen years.4Missouri Revisor of Statutes. RSMo Section 558.011 – Felony Sentencing, Terms of Imprisonment
For second-degree statutory sodomy (a class D felony), the same statute provides for imprisonment up to seven years.
Missouri law also allows financial penalties for felony convictions. Under Missouri Revised Statutes Section 560.011, a convicted individual may be fined up to ten thousand dollars.5Missouri Revisor of Statutes. RSMo Section 560.011 – Fines for Felonies If the crime resulted in financial gain, the court might impose a fine up to double that gain, capped at twenty thousand dollars.
Sex Offender Registry Obligations
A conviction for statutory sodomy in Missouri requires sex offender registration under Chapter 589 of the Missouri Revised Statutes (SORA).6Missouri Revisor of Statutes. RSMo Section 589.400 – Sex Offender Registration Requirements
Registration duration depends on the conviction. SORA classifies offenders into tiers. A first-degree statutory sodomy conviction results in a Tier III classification, requiring lifetime registration. Second-degree statutory sodomy leads to a Tier II classification, requiring registration for 25 years, which can extend to a lifetime under certain circumstances, like prior sex offense convictions.
The registration process involves providing extensive personal information to local law enforcement. This includes:
- Full name and aliases
- Birth date and place
- Social Security number
- Addresses
- Employment and school details
- Vehicle information
- A current photograph
- Fingerprints
- A DNA sample (if not already collected)
Initial registration must occur within three business days of conviction (if not incarcerated), release, or establishing residency in Missouri.
Registrants must also report and verify their information. Tier III offenders verify in person every 90 days, and Tier II offenders every 180 days. Changes in residence, employment, or student status must be reported within three business days. Failure to comply with SORA is a separate criminal offense: a class E felony for a first offense and a class D felony for subsequent offenses.7Missouri Revisor of Statutes. RSMo Section 589.425 – Failure to Register as a Sex Offender, Penalty The Missouri State Highway Patrol compiles this information, and much of it is publicly accessible online.
Collateral Consequences
A statutory sodomy conviction in Missouri leads to many consequences beyond imprisonment or fines, affecting work, housing, and family relationships.
Employment prospects diminish. Employers conduct background checks, and a felony sexual offense conviction is a major obstacle. Missouri law restricts employment in roles involving contact with children, the elderly, or vulnerable adults.
Securing housing becomes difficult. Landlords use background checks, and a conviction can lead to rental application denials. Individuals may also be disqualified from public housing assistance.
Professional careers requiring licensure (e.g., medicine, nursing, teaching, law) can be jeopardized. State licensing boards can deny, suspend, or revoke licenses based on such convictions, as they may impact professional fitness.
Family life and parental rights are also affected. A conviction is a significant factor in child custody or parental rights termination proceedings, potentially leading to restricted contact with children or loss of parental rights.
Certain civil rights are impacted. Voting rights are lost during incarceration and supervision, though they can be restored upon sentence completion. Eligibility for jury service is affected, and convicted felons are prohibited from possessing firearms under federal and state law.8Legal Information Institute. 18 U.S. Code § 922(g) – Unlawful Acts: Persons Prohibited From Possessing Firearms
For non-United States citizens, a statutory sodomy conviction has severe immigration consequences. Such offenses are classified as crimes involving moral turpitude or aggravated felonies, potentially leading to deportation, denial of legal residency or citizenship, and exclusion from re-entry into the U.S.9U.S. Citizenship and Immigration Services. USCIS Policy Manual: Permanent Bars to Good Moral Character (Including Aggravated Felonies) The social stigma from a conviction can also be pervasive.