Statutory Sodomy Defense Lawyer in St. Louis

Statutory Sodomy Laws in Missouri

Statutory sodomy is a serious felony offense in Missouri, covering any deviate sexual intercourse with a minor below the legal age of consent. Consent is not a defense, and mistake of age is usually not a valid argument under Missouri law.

First-Degree Statutory Sodomy – RSMo §566.062

Under Missouri Revised Statutes §566.062, a person commits first-degree statutory sodomy if they engage in deviate sexual intercourse with a child under 14 years old.

Penalties for First-Degree Statutory Sodomy

• Punishable by a minimum 5 years and up to life in prison
• For an aggravated sexual offense (victim under 12 years of age, inflicted serious physical injury on victim, used a weapon, commits incest, is has previously been convicted of a sec crime), punishable by 10 years to life in prison
• No parole for certain offenders classified as predatory or repeat sexual offenders

Second-Degree Statutory Sodomy – RSMo §566.064

Under Missouri Revised Statute §566.064, a person 21 years of age or older commits second-degree statutory sodomy if they engage in deviate sexual intercourse with someone under 17 years old.

Penalties for Second-Degree Statutory Sodomy

• Class D felony – Punishable by up to 7 years in prison and fines up to $10,000

What Is "Deviate Sexual Intercourse" in St. Louis Statutory Sodomy Cases?

Missouri Revised Statutes Chapter 566 defines "deviate sexual intercourse" as:

• Touching someone’s private areas (genitals, mouth, or anus) with another person’s hand, mouth, or tongue
• Any kind of penetration (even the slightest) of the genitals or anus using a finger, object, or instrument
• The act must be done for sexual pleasure or to harm or intimidate the victim

Key Legal Considerations in Statutory Sodomy Cases in St. Louis

Strict Liability Crime

Consent is not a defense – Even if both parties agreed to the act, it is still a crime.

Mistake of age is not a defense (first degree) – Under Missouri Revised Statute §566.020, if the alleged victim was under 14 years old, the prosecution does no have to prove you knew the age of the victim.

Mandatory Sex Offender Registration

Convictions require lifetime registration as a Tier III offender in the Missouri sex offender registry, meaning severe restrictions on employment, housing, and personal freedoms. Tier II offenders must also report in person to the chief law enforcement official every ninety days to verify their information.

No Expungement Possible

A conviction cannot be removed from your record, no matter how much time passes.

Defenses Against Statutory Sodomy Charges in St. Louis

Being accused of statutory sodomy does not mean you are guilty—the prosecution must prove the case beyond a reasonable doubt. There are several ways to challenge these charges, and an aggressive legal defense can make the difference between conviction, dismissal, or a not guilty verdict at trial.

False Allegations & Motives for Accusation

• Many statutory sodomy cases stem from false accusations due to personal disputes, divorce, custody battles, or revenge.
• In some cases, the accuser misremembers events, is pressured by someone else, or is coached to make a false claim.
• Defense Strategy: We investigate the accuser’s motive (or their parents' or guardian's), credibility, and inconsistencies in their statements to expose false claims.

Lack of Evidence

• The prosecution must prove guilt beyond a reasonable doubt—if there is poor evidence, their case is weak.
• Many statutory sodomy cases rely solely on testimony, which can be unreliable or inconsistent.
• Defense Strategy: We challenge the lack of forensic evidence, DNA, or corroborating witnesses to show the case is built on assumptions, not facts.

Alibi & Witness Testimony

• If you were not present at the alleged time and location, we can prove your innocence with alibi evidence.
• Phone records, GPS data, security footage, and witness testimony can confirm you were elsewhere.
• Defense Strategy: We collect digital records, surveillance video, and credible witnesses to support your defense.

Unlawful Police Tactics

• Law enforcement cannot violate your rights—if they do, key evidence may be thrown out.
• • Failure to read Miranda rights (anything you say before being informed of your rights may be inadmissible).
  • Coerced confessions (police pressure, threats, or promises to get a confession).
  • Illegal searches and seizures (obtaining evidence without a valid warrant).
• Defense Strategy: We file motions to suppress illegally obtained evidence, weakening the prosecution’s case.

Facing statutory sodomy charges in St. Louis? You need a tough legal defense. Call Combs Waterkotte's St. Louis criminal defense lawyers at (314) 900-HELP for immediate help.