Section 566.060

There are multiple enactments of 566.060

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 566

Effective - 01 Jan 2028, 5 histories, see footnote   

  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 as defined in section 558.011 or life imprisonment without eligibility for probation or parole; 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.  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, A.L. 2026 S.B. 888, A.L. 2026 H.B. 2637 & 3155)

Effective 01-01-28, see § 1.901

Revisor’s note: This section was amended by both S.B. 888 and H.B. 2637 & 3155, 2026. H.B. 2637 & 3155 repealed the version amended by S.B. 888 effective 8-28-26 and amended this section effective 1-01-28.

Severability clause, see § 1.1005

CROSS REFERENCE:

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