Statutory Sodomy in Missouri: Charges, Penalties, and Legal Options
Understand how Missouri law addresses statutory sodomy, including legal classifications, long-term consequences, and defense considerations.
Missouri law addresses sexual offenses involving minors with significant severity, and statutory sodomy charges carry profound consequences. Understanding the legal framework surrounding these charges is crucial for those accused and their families.
Degrees of the Offense
Missouri classifies statutory sodomy into two main degrees based primarily on the ages of the individuals involved.
First Degree
Statutory Sodomy in the First Degree applies when a person engages in deviate sexual intercourse with someone under fourteen years old, according to Missouri Revised Statute 566.062.1Missouri Revisor of Statutes. Section 566.062 Statutory Sodomy, First Degree State law defines deviate sexual intercourse as specific sexual acts involving the genitals of one person and the mouth, tongue, hand, or anus of another, or penetration of the genitals or anus with an object. The age of the accused is not relevant for this charge; the focus is solely on the victim being younger than fourteen.
Second Degree
Statutory Sodomy in the Second Degree, under Missouri Revised Statute 566.064, involves deviate sexual intercourse between someone seventeen or older and a person aged fourteen or fifteen.2Missouri Revisor of Statutes. Section 566.064 Statutory Sodomy, Second Degree Unlike the first-degree offense, this charge requires the accused to be at least seventeen, making the age difference a key factor.
Additional Classifications
While the statutes establish first and second degrees based on age, other case details, such as a position of authority held by the accused (teacher, coach), might be relevant in the broader legal context or related charges but do not create additional degrees of statutory sodomy itself under Sections 566.062 or 566.064. The specific type of act falling under the broad definition of deviate sexual intercourse generally does not change the degree, which hinges on the ages involved.
Potential Sentences
A conviction for statutory sodomy in Missouri leads to substantial prison terms. The sentence depends on the degree of the offense.
For Statutory Sodomy in the First Degree (victim under fourteen), the penalty is life imprisonment or a prison term of at least five years. Certain circumstances can increase the minimum sentence to ten years, potentially up to life imprisonment. These include inflicting serious physical injury, displaying a deadly weapon threateningly, involving more than one perpetrator in the act, or if the victim is under twelve years old.
Statutory Sodomy in the Second Degree (typically involving a perpetrator seventeen or older and a victim aged fourteen or fifteen) is classified as a Class D felony under Section 566.064. A Class D felony carries a potential prison sentence of up to seven years. Alternatives like up to one year in county jail, probation, or fines up to $10,000 may also be possible, depending on the case specifics and the defendant’s history.
Sex Offender Registration
A conviction for either first or second-degree statutory sodomy mandates registration as a sex offender in Missouri, as required by state law (Chapter 589).3Missouri Revisor of Statutes. Section 589.400 Sex Offender Registration Requirements Both offenses fall under the list requiring registration.
The duration and requirements depend on an assigned tier. First-degree statutory sodomy is a Tier III offense, requiring lifetime registration with in-person reporting to local law enforcement every 90 days.4Jackson County Prosecuting Attorney. Missouri Sex Offender Registration Information
Second-degree statutory sodomy typically falls into Tier I (15-year registration, annual reporting) or Tier II (25-year registration, semi-annual reporting). However, if the victim is under 18, reporting may be required every 90 days regardless of the tier.
Registration must occur within three business days of conviction or release from custody. It involves providing detailed personal information (name, address, employment, vehicle, online identifiers) to the chief local law enforcement official. Fingerprints and photographs are required at intervals matching the tier. Registrants must report changes in information within three business days. Individuals moving to Missouri with qualifying out-of-state convictions, or those working or attending school in the state, must also register promptly. Failure to comply with registration requirements is a separate crime.
Possible Defenses
Several defenses may be available depending on the case specifics. Challenging the factual basis, such as providing evidence the act did not occur or presenting an alibi (proof the defendant was elsewhere), is one approach. Missouri court rules require advance notice if an alibi defense will be used.
The defendant’s belief about the minor’s age can be relevant. For first-degree charges (victim <14), Missouri Revised Statute 566.020 establishes strict liability, meaning a mistaken belief about the victim's age is not a defense. For second-degree charges (victim 14-15), Section 566.020 allows an affirmative defense if the defendant reasonably believed the minor was seventeen or older. An affirmative defense requires the defendant to prove it is more likely true than not. Evidence like a fake ID might support this claim. Consent is not a defense because individuals under seventeen are legally incapable of consenting to sexual activity under Missouri law. However, state law provides an affirmative defense if the defendant was legally married to the victim when the offense occurred (Section 566.023). General criminal defenses, such as duress (being forced to commit the act under threat) or procedural defenses related to how evidence was gathered (e.g., illegal searches, Miranda violations), might also apply, potentially leading to evidence being excluded.
Additional Legal Consequences
A statutory sodomy conviction triggers numerous long-term consequences beyond prison and registration. These collateral effects impact civil rights, family life, and employment.
As felony convictions, both degrees result in the loss of firearm possession rights under state (Section 571.070) and federal law. Voting rights are lost while incarcerated or under supervision (probation/parole) but are automatically restored upon completion of the sentence, unless the felony was related to elections.5Kansas City Election Board. Restoration of Voting Rights After Felony Conviction (Missouri) Felony convictions permanently bar individuals from serving on juries and holding public office, although the right to hold office can be restored after the sentence is served (unless the crime involved suffrage).6Collateral Consequences Resource Center. Missouri Restoration of Rights, Pardon, Expungement & Sealing
Family law implications are significant. Courts prioritize the child’s best interests, and a statutory sodomy conviction weighs heavily against custody or unsupervised visitation, potentially leading to outright prohibition under Section 452.375. Such a conviction can also be grounds for terminating parental rights, especially if the offense involved a child (Section 211.447).
Employment opportunities become restricted, particularly in fields involving children, healthcare, or requiring state licenses.7Missouri Revisor of Statutes. Section 168.133 Denial or Revocation of Teaching Certificate Background checks are common, and employers may legally deny jobs based on relevant felony convictions.
Housing can become difficult. Beyond specific residency restrictions tied to sex offender registration (e.g., proximity to schools), landlords may deny rentals based on criminal history, and access to public housing can be limited.
Victims can file civil lawsuits seeking monetary damages. Missouri law (Section 537.046) provides an extended timeframe for victims of childhood sexual abuse to bring such lawsuits.
For non-U.S. citizens, a statutory sodomy conviction often qualifies as an “aggravated felony” under immigration law, leading to mandatory detention, deportation, and bars to re-entry or immigration relief.
When to Seek Legal Counsel
Given the complexity and severity of statutory sodomy charges, seeking legal representation immediately is critical. Anyone under investigation or contacted by authorities regarding such allegations should consult an attorney promptly, even before charges are filed.
Early legal counsel helps individuals understand their rights, including the right to remain silent. An attorney ensures these rights are protected during interactions with investigators. The Missouri Constitution guarantees the right to counsel in criminal cases once formal proceedings begin. State procedures ensure representation, including appointing lawyers for those unable to afford one.8ACLU of Missouri. Judge Orders Missouri to Provide Defendants Counsel; Declares Waiting List Unconstitutional
Attempting to navigate these charges without experienced legal guidance is highly inadvisable due to the intricate laws and procedures involved. An attorney provides essential support, protects constitutional rights throughout the process, and communicates effectively with the client. Securing legal help immediately is the most prudent step when facing statutory sodomy allegations in Missouri.
