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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.
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.
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:
This stage is often where the most meaningful defense work happens.
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:
In multiple cases, early involvement has resulted in charges being rejected or reduced.
Once formal charges are filed, the stakes increase dramatically.
Missouri law separates sodomy offenses into two categories:
Understanding which statute applies is critical to evaluating exposure and available defenses.
Missouri law defines sodomy offenses using the term deviate sexual intercourse.
Under Missouri statutes, deviate sexual intercourse includes:
These statutory definitions are broader than many people expect.
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:
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.
Attempted sodomy in the first degree carries the same sentencing exposure as a completed offense.
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.
Statutory sodomy is based on age, not consent.
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.
When the alleged victim is under fourteen, no mistake of age defense applies under Missouri law.
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.
A limited mistake of age defense may apply in narrow circumstances as governed by RSMo 566.020.
Sodomy cases frequently involve:
An accusation alone is not proof. The state must establish every statutory element beyond a reasonable doubt.
Bond in serious sodomy cases is often substantial and may reach six figures.
Defendants may face:
The consequences often begin immediately.
There is no one-size-fits-all defense. Effective representation requires early involvement and aggressive statutory analysis.
Defense strategies may include:
Preparation matters.
If you are under investigation or have been charged:
Early mistakes are often irreversible.
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.
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