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SODOMY

Sodomy Allegations in Missouri

Being accused of sodomy is one of the most serious criminal allegations a person can face in Missouri. These cases carry severe penalties, aggressive prosecution, and consequences that often begin long before a case ever reaches trial.

Sodomy cases frequently turn on consent, capacity, credibility, or age. Many involve no physical evidence and rely heavily on statements, assumptions, and interpretation of events. Early legal intervention is critical.

Trial Experience in Serious Sodomy and Sex Offense Cases Matters

Not all criminal defense attorneys try sodomy cases. Fewer have tried serious sex offense cases involving complex credibility issues, expert witnesses, and multiple counts.

Attorney Thomas Kissell has tried serious sex offense cases, deposed law enforcement investigators and victim advocates, and successfully prevented testimony from being presented to juries. He has forced the exclusion of unreliable or prejudicial evidence and has litigated these cases through every stage of the process.

That experience matters. Prosecutors know which attorneys are prepared to litigate aggressively and which are not.

Why Early Legal Representation Is Critical in Sodomy Cases

Sodomy cases are often decided long before a courtroom is ever involved.

Investigators form opinions early. Prosecutors evaluate credibility early. Once those opinions harden, reversing course becomes exponentially more difficult. Early legal representation is often the difference between limited charges, rejected cases, and full prosecution.

In many sodomy cases:

  • No arrest has occurred
  • No charges have been filed
  • The matter exists only as an investigation

This stage is often where the most meaningful defense work happens.

Pre-Investigation Defense Can Prevent Charges Entirely

Attorney Thomas Kissell has successfully intervened during the investigation phase of sex offense allegations, including sodomy cases, before charges were ever filed.

Early retention allows defense counsel to:

  • Participate strategically during the investigation
  • Prevent damaging narratives from taking hold
  • Preserve favorable evidence before it disappears
  • Expose inconsistencies before they become embedded in police reports

In multiple cases, early involvement has resulted in charges being rejected or reduced.

Once formal charges are filed, the stakes increase dramatically.

Sodomy Versus Statutory Sodomy in Missouri

Missouri law separates sodomy offenses into two categories:

  • Sodomy, which focuses on lack of consent, forcible compulsion, or incapacity
  • Statutory sodomy, which focuses on age, regardless of consent

Understanding which statute applies is critical to evaluating exposure and available defenses.

What Missouri Law Considers Deviate Sexual Intercourse

Missouri law defines sodomy offenses using the term deviate sexual intercourse.

Under Missouri statutes, deviate sexual intercourse includes:

  • Acts involving the genitals of one person and the mouth, tongue, hand, or anus of another
  • Penetration, however slight, of the penis, female genitalia, or anus by a finger, instrument, or object
  • Acts done for sexual arousal, sexual gratification, or to terrorize another person

These statutory definitions are broader than many people expect.

 

Sodomy in the First Degree in Missouri

Missouri Revised Statute 566.060 defines Sodomy in the First Degree.

A person commits this offense if he or she has deviate sexual intercourse with another person:

  • By forcible compulsion
  • Who is incapacitated
  • Who is incapable of consent
  • Who lacks the capacity to consent

The statute also includes situations where a substance is administered without a person’s knowledge or consent, rendering that person incapable of making an informed decision.

Penalties for First Degree Sodomy

  • Life imprisonment or a term of years not less than five
  • Extended sentencing if classified as a prior, persistent, or predatory offender
  • Lifetime collateral consequences beyond incarceration

Attempted sodomy in the first degree carries the same sentencing exposure as a completed offense.

 

Sodomy in the Second Degree in Missouri

Missouri Revised Statute 566.061 defines Sodomy in the Second Degree.

A person commits this offense if he or she has deviate sexual intercourse with another person knowing that he or she does so without that person’s consent.

Penalties for Second Degree Sodomy

  • Class D felony
  • Up to 7 years in prison
  • Long-term consequences even without extended incarceration

Statutory Sodomy in Missouri

Statutory sodomy is based on age, not consent.

Statutory Sodomy in the First Degree

Missouri Revised Statute 566.062 defines Statutory Sodomy in the First Degree.

A person commits this offense if he or she has deviate sexual intercourse with another person who is less than fourteen years of age.

Penalties for First Degree Statutory Sodomy

  • Life imprisonment or a term of years not less than five
  • Extended sentencing if classified as a persistent or predatory sexual offender

When the alleged victim is under fourteen, no mistake of age defense applies under Missouri law.

 

Statutory Sodomy in the Second Degree

Missouri Revised Statute 566.064 defines Statutory Sodomy in the Second Degree.

A person commits this offense if, being twenty-one years of age or older, he or she has deviate sexual intercourse with another person who is less than seventeen years of age.

Penalties for Second Degree Statutory Sodomy

  • Class D felony
  • Up to 7 years in prison

A limited mistake of age defense may apply in narrow circumstances as governed by RSMo 566.020.

 

Why Sodomy Allegations Are Often More Complex Than They Appear

Sodomy cases frequently involve:

  • Conflicting accounts of consent
  • Alcohol or substance use
  • Digital communications taken out of context
  • Delayed reporting
  • Relationship history between the parties

An accusation alone is not proof. The state must establish every statutory element beyond a reasonable doubt.

Bonds and Pretrial Consequences

Bond in serious sodomy cases is often substantial and may reach six figures.

Defendants may face:

  • Pretrial incarceration
  • Severe bond conditions
  • Employment consequences
  • Significant reputational harm

The consequences often begin immediately.

How Sodomy and Statutory Sodomy Cases Are Defended

There is no one-size-fits-all defense. Effective representation requires early involvement and aggressive statutory analysis.

Defense strategies may include:

  • Challenging lack of consent or incapacity
  • Examining digital evidence and timelines
  • Attacking credibility and inconsistencies
  • Challenging statutory elements
  • Limiting scope of alleged conduct
  • Suppressing illegally obtained evidence

Preparation matters.

What To Do If You Are Accused of Sodomy or Statutory Sodomy

If you are under investigation or have been charged:

  • Do not speak to law enforcement without an attorney
  • Do not attempt to explain or justify the situation
  • Do not delete messages or digital data
  • Contact an experienced criminal defense attorney immediately

Early mistakes are often irreversible.

 

Confidential Consultation With a Missouri Sodomy Defense Attorney

Attorney Thomas Kissell of Kissell Law Group has handled thousands of criminal cases across Missouri, including serious felony and sex offense allegations.

If you are under investigation, have been contacted by police, or fear allegations may be coming, time matters.

Initial consultations are absolutely free.
All consultations are confidential and judgment-free.

Contact Kissell Law Group today to protect your future.

Need Any Help?

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314-669-4394

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Office Address

7513A Forsyth Blvd Clayton, MO 63105