Mo. Rev. Stat. » Chapter 566
Missouri Revised Statutes

Mo. Rev. Stat. § 566.061 (2026)

Sodomy in the second degree, penalty

✓ current as of May 2026
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  566.061.  Sodomy in the second degree, penalty. — 1.  A person commits the offense of sodomy in the second degree if he or she has deviate sexual intercourse with another person knowing that he or she does so without that person's consent.

  2.  The offense of sodomy in the second degree is a class D felony.

­­--------

(L. 1977 S.B. 60, A.L. 1994 S.B. 693, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491)

Effective 1-01-17

Transferred 2013; formerly 566.070

CROSS REFERENCE:

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

Notes of Decisions
Cited in 24 cases (9 in the last 5 years), 1989–2024 · leading case: State of Missouri v. Gary D. Morton, 574 S.W.3d 788 (Mo. Ct. App. 2019).
Sort: Relevance Newest Treatment
State of Missouri v. Gary D. Morton, 574 S.W.3d 788 (Mo. Ct. App. 2019). · cites it 4× “Pursuant to the aggregate definition offered by section 566.061(26), “‘[r]itual’ or ‘ceremony’ means an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity.”
McLaughlin v. Steele, 173 F. Supp. 3d 855 (E.D. Mo. 2016). “§ 566.061(12). Petitioner contends that the statute required the state to prove that Ms.”
State v. Daleske, 866 S.W.2d 476 (Mo. Ct. App. 1993). “” Furthermore, this portion of the definition of “Forcible Compulsion,” as defined in § 566.061(12)(a), was not submitted to the jury.”
State v. Barnes, 980 S.W.2d 314 (Mo. Ct. App. 1998). “The issue is whether Barnes’ conduct caused any “physical injury” to Moore within the meaning of § 566.061(20). “Physical injury” is defined in § 556.”
State v. Williams, 784 S.W.2d 276 (Mo. Ct. App. 1989). “In addition, as noted, the jury instruction defining “deadly weapon” included both the “any firearm” and “any weapon” language of § 566.061(10). The instruction was given pursuant to MAI-CR 3d 333.”
J.D.B. v. Juv. Officer, 2 S.W.3d 150 (Mo. Ct. App. 1999). “§ 566.061, a statutory definitional section, defines “physical injury” as “physical pain, illness, or any impairment of physical condition.”
State v. Kilmartin, 904 S.W.2d 370 (Mo. Ct. App. 1995). “061(12)(a), used in this case, but had used the alternative definition in § 566.061(12)(b). 3 Because the Daleske court’s holding did not concern § 556.”
S.H. v. James R. Cannon, 504 S.W.3d 817 (Mo. Ct. App. 2016). · cites it 2× “070 was transferred to Section 566.061, and Section 566,090 was transferred to Section 566,101.”
LEE HARRELL, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent., 429 S.W.3d 452 (Mo. Ct. App. 2014). “See § 566.061(9). “A criminal jury instruction that puts an additional burden on the state beyond that which is legally required in order to establish guilt, is not prejudicial to the defendant.”
State of Missouri, Plaintiff/Respondent v. Dominic S. Yocco (Mo. Ct. App. 2024). · cites it 4× “060; five counts of second-degree sodomy in violation of section 566.061; and one count of attempted second-degree sodomy in violation of section 566.”
State of Missouri, Plaintiff-respondent v. Anthony Mitchell Cooper (Mo. Ct. App. 2019). · cites it 3× “” Under section 566.061(12), RSMo 2000: (12) “Forcible compulsion” means either: (a) Physical force that overcomes reasonable resistance; or (b) A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person…”
Wooten v. Lewis (E.D. Mo. 2022). · cites it 3× “]” Section 566.061, RSMo. Cum. Supp. 2010. “Physical force is simply force applied to the body.”
Show all 24 citing cases →
— Mo. Rev. Stat. § 566.061(10) — 1 case
State v. Williams, 784 S.W.2d 276 (Mo. Ct. App. 1989). “In addition, as noted, the jury instruction defining “deadly weapon” included both the “any firearm” and “any weapon” language of § 566.061(10). The instruction was given pursuant to MAI-CR 3d 333.”
— Mo. Rev. Stat. § 566.061(12) — 3 cases
McLaughlin v. Steele, 173 F. Supp. 3d 855 (E.D. Mo. 2016). “§ 566.061(12). Petitioner contends that the statute required the state to prove that Ms.”
State of Missouri, Plaintiff-respondent v. Anthony Mitchell Cooper (Mo. Ct. App. 2019). “” Under section 566.061(12), RSMo 2000: (12) “Forcible compulsion” means either: (a) Physical force that overcomes reasonable resistance; or (b) A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person…”
State of Missouri v. Rocky L. Coyle (Mo. Ct. App. 2023).
— Mo. Rev. Stat. § 566.061(12)(a) — 1 case
State v. Daleske, 866 S.W.2d 476 (Mo. Ct. App. 1993). “” Furthermore, this portion of the definition of “Forcible Compulsion,” as defined in § 566.061(12)(a), was not submitted to the jury.”
— Mo. Rev. Stat. § 566.061(12)(b) — 1 case
State v. Kilmartin, 904 S.W.2d 370 (Mo. Ct. App. 1995). “061(12)(a), used in this case, but had used the alternative definition in § 566.061(12)(b). 3 Because the Daleske court’s holding did not concern § 556.”
— Mo. Rev. Stat. § 566.061(20) — 1 case
State v. Barnes, 980 S.W.2d 314 (Mo. Ct. App. 1998). “The issue is whether Barnes’ conduct caused any “physical injury” to Moore within the meaning of § 566.061(20). “Physical injury” is defined in § 556.”
— Mo. Rev. Stat. § 566.061(26) — 1 case
State of Missouri v. Gary D. Morton, 574 S.W.3d 788 (Mo. Ct. App. 2019). “Pursuant to the aggregate definition offered by section 566.061(26), “‘[r]itual’ or ‘ceremony’ means an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity.”
— Mo. Rev. Stat. § 566.061(27)(b) — 1 case
Griffith v. Jennings (E.D. Mo. 2021).
— Mo. Rev. Stat. § 566.061(9) — 1 case
LEE HARRELL, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent., 429 S.W.3d 452 (Mo. Ct. App. 2014). “See § 566.061(9). “A criminal jury instruction that puts an additional burden on the state beyond that which is legally required in order to establish guilt, is not prejudicial to the defendant.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.