Sodomy in the Second Degree (RSMO § 566.061) in Missouri

Being charged with Sodomy in the Second Degree in Missouri can be an overwhelming experience that leaves you uncertain about your future and concerned about the potential consequences. At Rose Legal Services, we understand the seriousness of these charges and their impact on your life, reputation, and relationships.

This article will provide you with essential information about Sodomy in the Second Degree charges in Missouri, including legal definitions, potential penalties, and how an experienced criminal defense attorney can help protect your rights throughout the legal process.

What is Sodomy in the Second Degree in Missouri?

Under Missouri law (RSMo § 566.061), a person commits Sodomy in the Second Degree if they: ‘have deviate sexual intercourse with another person knowing that he or she does so without that person’s consent..

“Deviate sexual intercourse” is defined in Missouri law RSMo § 566.010(1) as 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 anus or genitals of another person with an object.

This charge differs from Sodomy in the First Degree (RSMo § 566.060), which involves forcible compulsion or the victim’s incapacity to consent, and from Statutory Sodomy, which involves deviate sexual intercourse with a person under the age of consent.

Understanding Consent in Missouri Law

In Missouri, consent is a critical element in Sodomy in the Second Degree cases. The prosecution must prove not only that the sexual act occurred without consent but also that the defendant knew they were acting without the other person’s consent.

Under Missouri law, consent means words or actions that indicate a freely given agreement to engage in sexual activity. Importantly, a lack of physical resistance does not constitute consent.

Consent may be absent in various situations, including but not limited to:

• When a person is incapacitated due to alcohol or drugs
• When a person is asleep or unconscious
• When a person has a mental disability that prevents them from understanding the nature of the act
• When consent is withdrawn during the sexual act
• When consent is obtained through deception, coercion, or threats

Penalties for Sodomy in the Second Degree

Sodomy in the Second Degree is classified as a Class D felony in Missouri. The potential penalties include:

• Imprisonment for up to 7 years in the Missouri Department of Corrections
• A fine of up to $10,000
• Mandatory sex offender registration
• Probation with strict conditions

These penalties can have a profound impact on your freedom, finances, and future opportunities.

Sex Offender Registration Requirements

If convicted of Sodomy in the Second Degree, you will be required to register as a sex offender under Missouri law. This registration involves:

• Regular registration and updates with law enforcement agencies
• Public disclosure of your personal information on the Missouri Sex Offender Registry
• Restrictions on where you can live and work
• Regular verification of your address, employment, and other personal information
• Notification requirements when you change addresses or employment

Depending on the specific circumstances of your case, the registration requirement can last for many years or even a lifetime.

Collateral Consequences of a Conviction

Beyond the formal legal penalties, a conviction for Sodomy in the Second Degree carries numerous collateral consequences that can affect virtually every aspect of your life:

• Difficulty obtaining employment due to background checks
• Housing restrictions and limitations
• Strained personal relationships
• Potential loss of professional licenses
• Possible restrictions on parental rights
• Challenges in educational pursuits
• Travel restrictions

These long-lasting impacts can continue long after you’ve completed your sentence.

Potential Defenses to Sodomy in the Second Degree Charges

If you’re facing charges of Sodomy in the Second Degree, several defense strategies may be available depending on the specific circumstances of your case:

Consent

Since lack of consent is a key element of the offense, providing evidence that the sexual activity was consensual is a common defense. This might involve text messages, witness statements, or other evidence indicating consent was given.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that you knew you were acting without the other person’s consent. If there is insufficient evidence to establish this knowledge, the charges may be reduced or dismissed, or a defendant may be acquitted after a trial.

False Accusations

Unfortunately, false accusations of sexual offenses do occur. Motivations may include revenge, jealousy, regret, or covering up consensual activity from others. An experienced attorney can investigate the accuser’s background and motives to expose any inconsistencies or ulterior motives.

Mistaken Identity

In some cases, the wrong person may be accused of the crime. DNA evidence, alibis, and other forensic evidence can be used to prove that you were not the person who committed the alleged act.

Constitutional Violations

If law enforcement violated your constitutional rights during the investigation or arrest process, certain evidence might be suppressed, potentially weakening the prosecution’s case.

The Importance of Experienced Legal Representation

When facing Sodomy in the Second Degree charges, having an experienced criminal defense attorney is not just beneficial — it’s essential. At Rose Legal Services, our attorneys have extensive experience defending clients against sex crime allegations.

A skilled defense attorney can:

1. Protect your constitutional rights throughout the legal process
2. Conduct a thorough investigation into the allegations and evidence
3. Identify weaknesses in the prosecution’s case
4. Develop a strategic defense tailored to your specific situation
5. Negotiate with prosecutors when appropriate
6. Represent you effectively at trial if your case proceeds to that stage

What to Do If You’re Accused of Sodomy in the Second Degree

If you’ve been accused of or charged with Sodomy in the Second Degree in Missouri:

1. Remain silent and request an attorney immediately if questioned by police
2. Do not discuss the case with anyone other than your attorney
3. Preserve all potential evidence, including text messages, social media communications, and other records
4. Do not contact the accuser, as this could lead to additional charges
5. Consult with an experienced criminal defense attorney as soon as possible

How Rose Legal Services Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our team has decades of combined experience helping people who have been charged, arrested, or investigated for crimes in Missouri.

We believe that criminal defense requires full-time focus and attention. That’s why we dedicate our practice exclusively to representing individuals facing criminal charges.  We will never be distracted by a personal injury case, a bankruptcy, a divorce case, or anything else

When you work with our firm, you’ll benefit from:

• Attorneys who focus solely on criminal defense
• A team approach that brings multiple perspectives to your case
• Thorough investigation of the allegations
• Clear communication throughout the legal process
• Strategic defense planning tailored to your specific situation

We pride ourselves on excellent client service and communication. Our Client Care Specialists are available to answer your questions and provide updates throughout your case. You will receive a written matter status report every month that you have an active matter with us, and we offer Open Office Hours twice a week in which any client can meet with an attorney without an appointment.

Contact Rose Legal Services Today

If you’re facing Sodomy in the Second Degree charges in Missouri, don’t wait to seek legal help. The sooner you involve an experienced criminal defense attorney, the better your chances of achieving a favorable outcome.

At Rose Legal Services, we offer confidential consultations for individuals facing sex crime allegations. During your consultation, we’ll listen to your story, explain your rights and options, and discuss how we can help protect your future.

Contact us today to schedule your consultation and take the first step toward protecting your rights and your future.

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