Missouri Revised Statutes

Mo. Rev. Stat. § 566.060 (2026)

Sodomy in the first degree, penalties

✓ current as of May 2026

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566.060. Sodomy in the first degree, penalties — suspended sentence not granted, when. — 1. A person commits the offense of sodomy in the first degree if he or she has 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. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.

2. The offense of sodomy in the first degree or an attempt to commit sodomy in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless:

(1) The offense is an aggravated sexual offense, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years;

(2) The person is a persistent or predatory sexual offender as defined in section 566.125 and subjected to an extended term of imprisonment under said section;

(3) The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the offender has served not less than thirty years of such sentence or unless the offender has reached the age of seventy-five years and has served at least fifteen years of such sentence, unless such sodomy in the first degree is described under subdivision (4) of this subsection; or

(4) The victim is a child less than twelve years of age and such sodomy in the first degree or attempt to commit sodomy in the first degree was outrageously or wantonly vile, horrible or inhumane, in that it involved torture or depravity of mind, in which case the required term of imprisonment is life imprisonment without eligibility for probation, parole or conditional release.

3. Subsection 4 of section 558.019 shall not apply to the sentence of a person who has been found guilty of sodomy in the first degree or an attempt to commit sodomy in the first degree when the victim is less than twelve years of age, and "life imprisonment" shall mean imprisonment for the duration of a person's natural life for the purposes of this section.

4. No person found guilty of sodomy in the first degree or an attempt to commit sodomy in the first degree shall be granted a suspended imposition of sentence or suspended execution of sentence.

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(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1990 H.B. 1370, et al., A.L. 1994 S.B. 693, A.L. 1998 H.B. 1779, A.L. 2006 H.B. 1698, et al., A.L. 2009 S.B. 36 & 112, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Child sexual abuse, action for civil damages may be brought, when, 537.046

(1993) For purposes of definition of "forcible compulsion" in section 556.061, RSMo, age of victim, relationship to defendant and testimony of victim that defendant guided her head and mouth, or that defendant threatened to ground victim, was not sufficient evidence to establish that victim was in reasonable fear of death, serious physical injury or kidnapping as required by conviction for forcible sodomy under this section. State v. Daleske, 866 S.W.2d 476 (Mo. App. W.D.).

Notes of Decisions

Cited in 738 cases (21 in the last 5 years), 1978–2024 · leading case: State v. Escobar, 523 S.W.3d 545 (Mo. Ct. App. 2017).

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State v. Escobar, 523 S.W.3d 545 (Mo. Ct. App. 2017). · cites it 4× “Escobar was found guilty of two counts of first-degree child molestation, section 566.060, 1 and sentenced to nine years of incarceration on each count to be served concurrently.”

State v. Nave, 694 S.W.2d 729 (Mo. 1985). · cites it 6× “020, sodomy (three counts), § 566.060, and kidnapping (four counts), § 565.”

State v. Jackson, 896 S.W.2d 77 (Mo. Ct. App. 1995). · cites it 9× “Robert Dean Jackson appeals from his conviction of nine counts of sodomy, § 566.060, RSMo 1986 and Supp.1990. He was sentenced as a prior offender to fifteen years imprisonment on Counts I and II, thirty years imprisonment on Counts III, IV and VII, and life imprisonment on…”

State v. Martin, 852 S.W.2d 844 (Mo. Ct. App. 1993). · cites it 8× “Martin appeals his convictions and consecutive sentences of five and ten years imprisonment for sodomy, § 566.060, RSMo 1986, and the final judgment, following an evidentiary hearing, denying his Rule 29.”

State v. Helmig, 924 S.W.2d 562 (Mo. Ct. App. 1996). · cites it 10× “Helmig (“defendant”) was convicted after a non-jury trial of two counts of sodomy, in violation of § 566.060 RSMo Cum. Supp.1993, and one count of sexual abuse in the second degree, in violation of § 566.”

State v. Spencer, 50 S.W.3d 869 (Mo. Ct. App. 2001). · cites it 6× “Frederick Spencer (“defendant”) was charged by indictment with one count of forcible sodomy under section 566.060 RSMo 1994 and two counts of forcible sodomy under section 566.”

State v. Prince, 534 S.W.3d 813 (Mo. 2017). · cites it 2× “060, and forcible sodomy, section 566.060. Prince waived jury sentencing.”

State v. Hyman, 37 S.W.3d 384 (Mo. Ct. App. 2001). · cites it 5× “Section 566.060, RSMo 1994 (now repealed), for five counts of forcible sodomy against E.”

State v. Silvey, 894 S.W.2d 662 (Mo. 1995). · cites it 3× “Silvey was found guilty by a jury of two counts of sodomy in violation of section 566.060, RSMo 1986. The victim was four years old when the offenses occurred.”

State of Missouri v. Maurice Parnell Webber, 504 S.W.3d 221 (Mo. Ct. App. 2016). · cites it 4× “030, 1 three counts of the class A felony of forcible sodomy, § 566.060, and one count of the class A felony of attempted forcible sodomy, § 566.”

State v. Long, 140 S.W.3d 27 (Mo. 2004). · cites it 4× “030, RSMo 2000, [1] and one count of forcible sodomy, section 566.060. The trial court abused its discretion by prohibiting Long from introducing evidence of prior false allegations by the victim.”

State v. Harvey, 641 S.W.2d 792 (Mo. Ct. App. 1982). · cites it 6× “*795 Defendant was charged in two counts with sodomy of his eleven-year-old stepdaughter, Rachelle, in violation of § 566.060, [1] and in a third count with attempted rape of Rachelle in violation of § 566.”

Show all 738 citing cases →

— Mo. Rev. Stat. § 566.060(1)(4) — 1 case

State v. Hannett, 713 S.W.2d 267 (Mo. Ct. App. 1986).

— Mo. Rev. Stat. § 566.060(1994) — 1 case

State v. Lamastus, 952 S.W.2d 383 (Mo. Ct. App. 1997).

— Mo. Rev. Stat. § 566.060(2) — 2 cases

Molasky v. State, 710 S.W.2d 875 (Mo. Ct. App. 1986).

State v. Garmon, 780 S.W.2d 721 (Mo. Ct. App. 1989).

— Mo. Rev. Stat. § 566.060(3) — 5 cases

State v. Harnar, 833 S.W.2d 25 (Mo. Ct. App. 1992).

State v. Lachterman, 812 S.W.2d 759 (Mo. Ct. App. 1991).

State v. Gillespie, 944 S.W.2d 268 (Mo. Ct. App. 1997).

State v. Collis, 849 S.W.2d 660 (Mo. Ct. App. 1993).

State v. Hurst, 732 S.W.2d 206 (Mo. Ct. App. 1987).

— Mo. Rev. Stat. § 566.060(4) — 1 case

State Ex Rel. Osowski v. Purkett, 908 S.W.2d 690 (Mo. 1995).

— Mo. Rev. Stat. § 566.060(VI) — 1 case

State v. Shaw, 694 S.W.2d 857 (Mo. Ct. App. 1985).

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