What to know about Missouri statutory sodomy charges
Statutory sodomy charges in Missouri carry severe legal consequences, including potential prison time and mandatory sex offender registration. Missouri law defines these offenses based on the age of the individuals involved and the type of sexual conduct alleged.
This guide explains how statutory sodomy is charged in Missouri, the differences between first- and second-degree offenses, and the penalties that may apply.
When Can Someone Be Charged With Statutory Sodomy in Missouri?
In Missouri, statutory sodomy refers to engaging in certain sexual acts with a person who is legally too young — regardless of whether the contact was forced. Under Missouri Revised Statutes §566.062 and §566.064, statutory sodomy is divided into two degrees based on the age of the victim and the circumstances.
Generally, first-degree statutory sodomy involves a sexual act with a child under 12 years old, while second-degree statutory sodomy applies when the victim is under 14.
These offenses are treated as serious felonies. Both carry severe penalties, including prison time and sex offender registration. A conviction can change your life. In Missouri, first-degree statutory sodomy is a Class A felony. That means up to 30 years — or life — in prison.
Moreover, unlike other sex crimes, consent is not a valid defense in statutory sodomy cases because Missouri law presumes minors below a certain age cannot legally consent.
Difference Between Rape and Sodomy
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.
The difference between rape and sodomy in the state of Missouri depends on whether or not the sexual intercourse is “deviate.”
Missouri uses the word “deviate” to make the distinction between the two terms.
What Counts as Deviate Sexual Intercourse
In Missouri, deviate sexual intercourse refers to sexual conduct between persons that consists of contact between one person’s sex organs and another person’s mouth or anus.
It also refers to a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument, or object.
First-Degree Statutory Sodomy in Missouri
Under Missouri Revised Statute §566.060, a person commits first-degree statutory sodomy when they engage in deviate sexual intercourse with another person who cannot consent due to incapacity, age, or forcible compulsion.
Forcible compulsion includes using threats, violence, or administering a substance that impairs the victim’s ability to make informed consent.
This offense is treated as one of Missouri’s most serious sex crimes. It is typically charged as a Class B felony, punishable by 5 years to life in prison. In cases involving physical injury, a deadly weapon, or multiple offenders, the minimum sentence may increase to 10 years to life imprisonment.
Second-Degree Statutory Sodomy in Missouri
Under Missouri Revised Statute §566.064, a person commits second-degree statutory sodomy if they are 21 years or older and engage in deviate sexual intercourse with someone under the age of 17. Even if the younger individual appears to consent, the law treats the act as nonconsensual because minors below the state’s age of consent cannot legally agree to sexual activity.
This offense is classified as a Class C felony in Missouri. A conviction can lead to 3 to 7 years in. prison, fines of up to $5,000, and mandatory sex offender registration.
The statute is designed to protect minors from exploitation by significantly older individuals and is prosecuted aggressively by the state.
Penalties & Sentencing for Statutory Sodomy
In addition to the penalties outlined under first-degree and second-degree statutory sodomy, Missouri law establishes broader sentencing rules that determine how the offense of statutory sodomy is punished.
These rules account for factors such as the victim’s age, issues of legal consent, the use of force, and whether the defendant has prior convictions.
Sentencing Ranges and Minimum Terms
Convictions for statutory sodomy may carry prison terms beginning at five years. When aggravating circumstances are present—such as when the victim is less than fourteen years old, when weapons are used, or when there is evidence of anal or oral intercourse involving penetration—the minimum sentence can increase to ten years. In the most serious cases, prison terms may extend to life imprisonment.
Enhancements and Repeat Offenders
Sentencing can also be influenced by Missouri’s persistent or predatory sexual offender laws.
These provisions impose longer prison terms and limit eligibility for early release. Courts may also weigh whether the conduct involved repeated acts of anal or oral intercourse or penetration, especially when applied to both first and second degree charges.
Felony Classifications and Long-Term Impact
Certain offenses may be categorized as Class D felonies, one of several types of felonies in Missouri, while others may be upgraded based on aggravating factors.
In addition to lengthy incarceration, the offense of statutory sodomy often results in mandatory sex offender registration. This can affect where you live, work, and travel. The impact lasts long after any prison sentence ends.
These sentencing rules demonstrate how Missouri law addresses cases involving age and legal consent, with consequences that extend well beyond prison terms.
Legal Process and Defense Strategies
Facing a statutory sodomy charge in Missouri can be overwhelming, but understanding the legal process can help you prepare and make informed decisions.
Each stage of the case plays a crucial role in building a strong defense:
Stage 1: Arrest and Initial Charges
Law enforcement investigates and, if probable cause exists, arrests the accused. Formal charges are then filed under the relevant Missouri statute (§566.062 or §566.064). At this stage, you have the right to know the exact charge.
Stage 2: Bail and Arraignment
The defendant appears in court to hear the charges, enter an initial plea, and request bail or bond release. You enter a plea — guilty, not guilty, or no contest. This hearing usually happens within a few days of the arrest.
Stage 3: Pretrial Motions and Discovery
The prosecution shares its evidence. Your attorney reviews police reports, witness statements, and any physical evidence. Defense attorneys may challenge how evidence was obtained, seek to exclude certain testimony, or request case dismissal if procedures were violated.
Stage 4: Plea Negotiations or Trial
If the case goes to trial, both sides present evidence and arguments before a verdict is reached. The jury must find guilt beyond a reasonable doubt. Depending on the facts and available evidence, attorneys may negotiate for reduced charges or alternative sentencing.
Stage 5: Sentencing and Sex Offender Registration
A conviction may result in prison time, probation, or mandatory registration as a sex offender.
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.
Why Carver & Associates
45+ Years of Proven Experience. Thousands of cases won. Award-Winning Representation.
Over 45 Years of Proven Experience
Tom has been a pillar of the Springfield MO legal community for four decades. He has represented over 300 clients in federal cases and literally thousands of clients in Missouri state courts.
Five-Time Lawyer of the Year
Five-time designation by Best Lawyers as “Lawyer of the Year” in the area of criminal law in Springfield, Missouri among numerous other accolades..
A Track-Record of Successful Outcomes
Tom is a fierce advocate for his clients and is known for helping families obtain the best outcome possible. Sentence reductions, dismissals and death row reversals to name a few.
The Power of Experience
When your life is on the line, you don’t want to chance your future to a legal rookie. You need an advocate who has seen it all before and knows how to make the best out of a terrible situation.
Carver & Associates are not only experienced, but effective. Judicial matters can be complicated, and we are on hand to answer your questions and keep you informed on every aspect of your case. We take great pride in using our experience to benefit you.
Preserve your freedom and protect your name—schedule a confidential consultation with us. When you reach out, we are ready to listen, advise, and build your personalized defense.
Contact a Statutory Sodomy Lawyer in Missouri
Statutory sodomy charges are serious and life-altering. Contact Carver & Associates today to speak with an experienced Missouri defense lawyer who can protect your rights and help you navigate the legal process.
Schedule a free initial consultation today.
Frequently Asked Questions
1. Can a statutory sodomy charge be expunged from my record in Missouri?
Missouri law allows expungement for some offenses, but sex crimes involving minors are typically excluded. You should speak with an attorney to review your specific charges and eligibility.
2. Does Missouri require registration as a sex offender after a statutory sodomy conviction?
Yes, a conviction under Missouri’s statutory sodomy laws triggers sex offender registration requirements. The length of registration depends on the degree of the offense and other case facts.
3. Can I be charged with statutory sodomy even if the minor consented?
Consent is not a legal defense in Missouri when the injured person is below the age of consent. The law treats minors as unable to give legal consent, regardless of what both parties say happened.
4. What happens if the alleged injured person recants their statement?
A recanted statement does not guarantee the charges will be dropped. Prosecutors may still proceed using other evidence, and the recantation itself may be questioned in court.
5. Can charges be filed years after the alleged incident?
In Missouri, the statute of limitations is not merely extended, but entirely eliminated for most criminal child sexual offenses, including statutory sodomy (556.037). An attorney can review the timeline of your case and advise whether the filing window applies.
A sex crime lawyer in Springfield, MO can review the age evidence, degree charged, and available defenses.