If you’re facing Sodomy in the First Degree charges in Missouri, you’re likely experiencing one of the most stressful situations of your life. We’ve helped many people who have been charged with serious sex crimes, and we know how confusing and overwhelming the criminal justice system can be when you’re on the wrong side of it.
At Rose Legal Services, we believe that a criminal charge doesn’t define who you are, and we’re passionate about helping good people get a second chance. This guide explains what you need to know about Sodomy in the First Degree in Missouri, from the legal definition and potential penalties to your defense options and how our experienced criminal defense team can help protect your rights and future.
What Constitutes Sodomy in the First Degree in Missouri?
Under Missouri law, a person commits the offense of Sodomy in the First Degree if they engage in deviate sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.
To understand this charge fully, it’s important to break down the key elements:
Deviate Sexual Intercourse in Missouri refers to any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person, or a sexual act involving the penetration, however slight, of the anus or genitalia by of another person by a finger, instrument, or object.
Forcible Compulsion means the use of a substance administered without consent that renders the victim physically or mentally impaired and incapable of making informed consent
Incapacitated refers to a person who is temporarily or permanently unable to give consent due to physical or mental condition, typically including unconsciousness, sleep, or significant intoxication.
Penalties for Sodomy in the First Degree
The penalties for Sodomy in the First Degree in Missouri are exceptionally severe:
Standard Case
- 5 years to life imprisonment
- No possibility of a suspended imposition of sentence or suspended execution of sentence. (probation)
- Mandatory sex offender registration
Enhanced Penalties
If the offense is an aggravated sexual offense, the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.
Cases Involving Children Under 12
When the victim is a child under 12 years of age, the penalties become even more severe:
- Mandatory life imprisonment with no eligibility for probation or parole until the offender has served at least 30 years (unless the offender reaches age 75 and has served at least 15 years)
- If the offense is determined to be “outrageously or wantonly vile, horrible or inhumane” involving torture or depravity of mind, the sentence is life imprisonment without eligibility for probation, parole, or conditional release
Persistent or Predatory Sexual Offenders
A person found to be a persistent sexual offender shall be sentenced to imprisonment for life without eligibility for probation or parole. A person found to be a predatory sexual offender shall be imprisoned for life with eligibility for parole; however, such a person shall not receive a final discharge from parole.
What Makes a Case “Aggravated” Under Missouri Law?
An “aggravated sexual offense” includes situations where the defendant:
- Inflicts serious physical injury on the victim
- Displayed a deadly weapon or dangerous instrument in a threatening manner
- Subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person
- Had previously been found guilty of the same offense or offenses regarding sexual exploitation of a minor, sexual performance with a child, and child pornography
- Engages in the act that constitutes the offense with a person the actor knows to be, without regard to legitimacy, the actor’s relative
Courts and prosecutors will carefully examine the circumstances of each case to determine if any of these aggravating factors apply, as they significantly affect potential sentencing.
Sex Offender Registration Requirements
A conviction for Sodomy in the First Degree requires mandatory registration as a sex offender under Missouri’s Sex Offender Registration and Notification Act. This registration includes:
- Regular in-person verification with local law enforcement (typically every 90 days)
- Public disclosure of your personal information, including your name, photo, address, and offense details
- Restrictions on where you can live and work
- Notification to community members
- Potential lifetime registration requirement
- Travel restrictions requiring notification when traveling outside your registered jurisdiction
Potential Defense Strategies
Despite the severity of these charges, there are several potential defense strategies that an experienced criminal defense attorney can explore:
Consent
If the allegation involves an adult who was capable of consenting, evidence of consent can be a complete defense. However, this defense is not available if the person was incapacitated, incapable of consent, or if forcible compulsion was used.
False Accusations
Unfortunately, false accusations of sexual assault do occur. Our attorneys thoroughly investigate the circumstances surrounding the allegations, looking for inconsistencies, motives for false accusations, and other evidence that might support your innocence.
Insufficient Evidence
The prosecution must prove every element of the offense beyond a reasonable doubt. We carefully examine the evidence to identify weaknesses in the prosecution’s case.
Constitutional Violations
If law enforcement violated your constitutional rights during the investigation or arrest process, we may be able to suppress certain evidence, potentially weakening the prosecution’s case.
Why Choose Rose Legal Services for Your Defense
At Rose Legal Services, we dedicate our practice exclusively to criminal defense. We believe that a criminal defense practice requires full-time focus and attention. Unlike many lawyers who take criminal cases, we will never be distracted by a personal injury case, a bankruptcy, a divorce case, or anything else.
We’re passionate about helping good people get a second chance. Our team consists of attorneys, staff members, and an investigator, each with specific roles in the process. We all work together and collaborate on your behalf. Mr. Rose personally supervises all cases at Rose Legal Services.
When you work with our firm, you’ll benefit from:
- Attorneys who focus solely on criminal defense
- A team approach that brings multiple perspectives to your case
- Thorough investigation of the allegations against you
- Clear communication throughout the legal process
- Strategic defense planning tailored to your specific situation
We pride ourselves on excellent client service and communication. Our Client Care Specialists are dedicated to answering your questions and being your point of contact throughout your case. You’ll receive a written matter status report every month that you have an active matter with us.
Contact Rose Legal Services Today
If you or someone you know is facing Sodomy in the First Degree charges in Missouri, don’t delay in seeking experienced legal representation. The decisions you make now can significantly impact the outcome of your case.
Contact Rose Legal Services today for a confidential consultation. We’ll listen to your situation, explain your rights and options, and develop a strategic defense tailored to the specific circumstances of your case.
We understand that being charged with a crime doesn’t define who you are. We’re here to protect your rights, your freedom, and your future.