What’s The Difference Between Statutory Rape & Statutory Sodomy in MO?

April 13, 2021
An image of a Jefferson City criminal defense lawyers desk that is explaining the difference between statutory sodomy and statutory rape in Missouri to a potential client.

Statutory rape and statutory sodomy charges are taken very seriously in Missouri. So much so that a conviction could lead to life imprisonment. While statutory rape and statutory sodomy carry similar penalties in Missouri, the charges are different. 

Statutory rape refers to having or attempting to have sexual intercourse with a minor under a certain age. Statutory sodomy refers to any “deviant” sexual behavior (other than intercourse) with a minor under a certain age. 

If you’ve been charged with statutory rape or statutory sodomy in Missouri, it’s in your best interest to consult with a proven criminal defense lawyer in Jefferson City, Missouri. 

At Kirsch & Kirsch, we understand that there are two sides to every story. Our Jefferson City criminal defense team is here to listen to your version and represent you against all charges. 

Contact us today at 573-222-0826 for your free, confidential consultation. Learn more below. 

What is The Statutory Rape Law In Missouri? 

According to Mo. Rev. Stat. §566.032, “A person commits the offense of statutory rape in the first degree if he or she has sexual intercourse with another person who is less than fourteen years of age.” 

Second degree statutory rape (Mo. Rev. Stat. §566.034) occurs when a person over the age of 21 has or attempts to have sexual intercourse with someone under 17. 

Penalties for Statutory Rape in the First Degree in Missouri 

Committing or attempting statutory rape is a felony offense. It is punishable by up to life imprisonment or a prison term no less than five years. If the charges are aggravated, offenders could face life imprisonment or prison sentences not less than 10 years. 

Penalties for 2nd degree statutory rape in Missouri

2nd degree statutory rape in Missouri is a class D felony. Defendants convicted of 2nd degree statutory rape face up to seven years in prison or one year in county jail. In addition, those convicted can be fined up to $10,000 by the courts. 

What is the Statutory Sodomy Law in Missouri?

According to Mo. Rev. Stat. §566.062, “A person commits the offense of statutory sodomy in the first degree if he or she has deviate sexual intercourse with another person who is less than fourteen years of age.”

Similarly, if someone over the age of 21 has “deviate” sexual intercourse with someone under 17 years, it is 2nd degree statutory sodomy, according to Missouri law. 

Penalties For 1st Degree Sodomy in Missouri 

If you are charged with first degree sodomy in Jefferson City, you face life imprisonment or a minimum five-year prison term. However, if the charges are aggravated, you could face up to life imprisonment or no less than 10 years in prison. 

Penalties For 2nd Degree sodomy in Missouri

The penalties for second degree sodomy in Missouri include up to seven years in prison or one year in county jail. Those convicted also face up to $10,000 in fines. 

Other Penalties to Consider

Being charged with any sexual crime in Missouri can be devastating for your family life, professional life, and more. If convicted, not only will you likely lose your job, but it could also become challenging to find a place to live. 

Additionally, you will be required to register as a sex offender. That could ruin your friendships, business relationships, and family ties. 

If you’ve been charged with statutory rape or statutory sodomy in Missouri, you shouldn’t face the prosecution independently. Generally, Missouri criminal courts have little to no compassion for those charged with sex crimes, even though they’re presumed innocent.

With that in mind, it’s typically in your best interest to hire a Jefferson City criminal defense lawyer that’s in your corner. Otherwise, you risk being bullied into an unfair plea bargain or harsh prison sentence. 

Seek Legal Help Today – Contact Us

Statutory sodomy and statutory rape charges in Missouri are very serious. You need a lawyer who will listen to your side of the story and defend you against all charges.

At Kirsch & Kirsch, we fight for every client. If you’ve been charged with statutory rape or statutory sodomy in Missouri, give us a call today at 573-222-0826 for your free, confidential consultation.