566.060. Sodomy in the first degree, penalties — suspended sentence not granted, when.
It’s a serious felony to force or trick someone into sex acts when they can’t consent.
If someone forces or tricks another person into deviate sexual acts—especially if the victim can’t consent because they’re drugged, unconscious, or too young—it’s a very serious felony with long prison sentences.
1. A person commits first-degree sodomy if they engage in deviate sexual intercourse (oral or anal sex, or penetration with an object) with someone who is incapacitated, unable to consent, or forced, including through drugs used without their knowledge.
2. This is a felony with these possible punishments:
- If it’s an aggravated sexual offense: at least 10 years or life in prison.
- If the offender is a repeat or predatory offender: extended prison time.
- If the victim is under 12: life in prison, with at least 30 years served or until age 75 after serving 15 years—unless it’s an extreme case (see next point).
- If the victim is under 12 and the act was especially brutal: life in prison with no parole or early release.
3. Special sentencing rules apply if the victim is under 12. “Life imprisonment” means the person stays in prison for the rest of their life.
4. A person guilty of this offense can’t get a suspended sentence—it’s mandatory prison time.
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