This article provides a general overview of statutory sodomy laws in Missouri. The complexities of the law require careful consideration of individual circumstances, and this information should not be considered a substitute for professional legal advice.
What Constitutes Statutory Sodomy in Missouri
In Missouri, statutory sodomy is defined by the sexual act and the age of the individuals involved. The law specifies “deviate sexual intercourse” as the prohibited conduct, which is defined as any sexual act involving the genitals of one person and the hand, mouth, tongue, or anus of another.1Missouri Revisor of Statutes. Chapter 566 and Chapter 568 Definitions It also includes acts where an object penetrates the genitals or anus of another person for sexual arousal or gratification.
The element that makes such an act “statutory” is that it involves a minor who is legally incapable of giving consent due to age. The use of force is not a required element for a statutory sodomy charge. The law operates on the principle that individuals below a certain age cannot legally agree to participate in these sexual acts.
Missouri’s Statutory Sodomy Laws
The state’s legal framework differentiates statutory sodomy offenses by the victim’s age. The most serious offense is Statutory Sodomy in the First Degree, covered by Missouri Revised Statutes (RSMo) Section 566.062. This statute applies when a person engages in deviate sexual intercourse with a minor who is less than fourteen years old.
A distinct offense, Statutory Sodomy in the Second Degree, is detailed in RSMo Section 566.064. This law pertains to situations where a person aged twenty-one or older has deviate sexual intercourse with someone under the age of seventeen.2Missouri Revisor of Statutes. Statutory Sodomy, Second Degree, Penalty
Proving Statutory Sodomy in Court
To secure a conviction for statutory sodomy, the prosecution must prove specific elements beyond a reasonable doubt. The elements for first-degree statutory sodomy are the occurrence of deviate sexual intercourse and the victim being under the age of fourteen. The prosecutor must present evidence establishing both of these facts.
For second-degree statutory sodomy, the prosecution must prove the accused was twenty-one years of age or older and that deviate sexual intercourse occurred with a person younger than seventeen. The victim’s consent is not a defense, as the law presumes individuals below the specified ages are incapable of consenting to such acts.
Age and Consent in Statutory Sodomy Cases
In Missouri, the legal age of consent for sexual activity is seventeen. This is a central factor in statutory sodomy cases, as the law invalidates any claim of consent from a person below this age. For first-degree charges, anyone who engages in deviate sexual intercourse with a minor under fourteen is subject to prosecution, regardless of the offender’s age, as a child that young is considered incapable of legally agreeing to the act.
For second-degree statutory sodomy, the age of both parties is significant. Missouri law offers a “Romeo and Juliet” provision that can apply in certain circumstances involving consensual activity between teenagers. This exception generally applies when both individuals are under twenty-one and the younger person is between fourteen and seventeen. It does not apply once one party turns twenty-one while the other is still under seventeen.
Consequences of a Statutory Sodomy Conviction
A conviction for statutory sodomy carries penalties classified by the degree of the offense. Statutory Sodomy in the First Degree is a felony with a sentence ranging from five years to life imprisonment.3Missouri Revisor of Statutes. Statutory Sodomy and Attempt to Commit, First Degree, Penalties If the victim is under twelve years old, the minimum sentence increases to ten years in prison.
Statutory Sodomy in the Second Degree is a Class D felony. A conviction can result in a prison sentence of up to seven years. The court may also impose a fine of up to $10,000 in addition to or in lieu of prison time.
Missouri Sex Offender Registration Requirements
A conviction for either first or second-degree statutory sodomy mandates registration on the Missouri Sex Offender Registry. The registration period varies based on the offense. Tier III offenses, which include first-degree statutory sodomy, require lifetime registration. Tier II offenses, which can include second-degree statutory sodomy, mandate a 25-year registration period.
The registry makes personal information about the offender publicly available online, including their name, address, and offense details. Registered individuals must verify their information with local law enforcement, every 90 days for the most serious offenders and semi-annually for others. Failure to comply with these registration rules is a felony offense, potentially leading to additional prison time.4Missouri Revisor of Statutes. Failure to Register, Penalty — Subsequent Violations, Penalty