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Missouri Revised Statutes

Mo. Rev. Stat. § 566.064 (2026)

Statutory sodomy, second degree, penalty

✓ current as of May 2026
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  566.064.  Statutory sodomy, second degree, penalty. — 1.  A person commits the offense of statutory sodomy in the second degree 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.

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

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(L. 1994 S.B. 693, 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

Notes of Decisions
Cited in 125 cases (15 in the last 5 years), 1998–2025 · leading case: State of Missouri v. Thomas A. Ess, 453 S.W.3d 196 (Mo. 2015).
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State of Missouri v. Thomas A. Ess, 453 S.W.3d 196 (Mo. 2015). · cites it 4× “Ess raises three points on appeal, alleging juror misconduct, instructional error, and insufficient evidence to support two of his convictions. This Court holds one juror committed misconduct through the intentional nondisclosure of a material fact related to the lawsuit,…”
State v. Baker, 23 S.W.3d 702 (Mo. Ct. App. 2000). · cites it 9× “Louis County on a conviction finding him guilty of eight counts of statutory sodomy in the second degree, section 566.064 RSMo (1994). Defendant was sentenced to concurrent terms of two years’ imprisonment on each count.”
State v. Berwald, 186 S.W.3d 349 (Mo. Ct. App. 2005). · cites it 4× “062); two counts of statutory sodomy in the second degree (section 566.064); and three counts of endangering the welfare of a child in the first degree (section 568.”
R.A.L. v. Phelps Cnty. Juv. Off. (In re Interest of J.A.L.), 547 S.W.3d 804 (Mo. Ct. App. 2018). · cites it 6× “034) and second-degree statutory sodomy (section 566.064). 2 On December *807 10, 2007, Father was sentenced to "five years .”
State v. Miller, 250 S.W.3d 736 (Mo. Ct. App. 2008). · cites it 6× “Appellant, Jody Frank Miller (“Defendant” herein) was convicted after a jury trial on three counts of statutory sodomy in the second degree, in violation of Section 566.064, 1 and was sentenced to five years on each count; Counts I and II to run consecutively and Count II to run…”
State v. Pullum, 281 S.W.3d 912 (Mo. Ct. App. 2009). · cites it 7× “Louis, State of Missouri, upon information and belief, charges that the defendant, in violation of Section 566.064, RSMo, committed the class C felony of statutory sodomy in the second degree, punishable upon conviction under Sections 588.”
State Ex Rel. Valentine v. Orr, 366 S.W.3d 534 (Mo. 2012). · cites it 2× “067, and three counts of statutory sodomy in the second degree, section 566.064. The plea agreement provided Valentine would be placed in the SOAU in the Department of Corrections (hereinafter, “the DOC”).”
State v. Simmons, 233 S.W.3d 235 (Mo. Ct. App. 2007). · cites it 3× “” Section 566.064 RSMo 2000. “Deviate sexual intercourse” is: 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 male or female sex organ *239 or the anus by a…”
Wooldridge v. State, 239 S.W.3d 151 (Mo. Ct. App. 2007). · cites it 3× “Factual and Procedural Background On 19 December 2003, the State filed charges against Jeffrey Wooldridge in Cape Girardeau County for three counts of statutory sodomy in the second degree in violation of Section 566.064 RSMo., of Amy Wooldridge.”
State v. Johnson, 62 S.W.3d 61 (Mo. Ct. App. 2001). · cites it 4× “Johnson appeals the judgment of his jury convictions in the Circuit Court of Jackson County, Missouri, of six counts of statutory sodomy in the second degree, § 566.064, 1 Counts I, II, III, V, VI and VIII; and one count of sexual misconduct in the first degree, § 566.”
State v. Davis, 186 S.W.3d 367 (Mo. Ct. App. 2005). · cites it 3× “Davis was charged with statutory sodomy in the second degree, section 566.064 RSMo (2000). It was alleged that Mr.”
State v. Hood, 521 S.W.3d 680 (Mo. Ct. App. 2017). · cites it 3× “2008; Count 6 was charged under section 566.064, RSMo 2000; and Count 7 was charged under section 566.”
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