566.060. Forcible sodomy, penalties--suspended sentence not granted, when. - Missouri Statutes

Forcible sodomy, penalties--suspended sentence not granted, when.

566.060. 1. A person commits the crime of forcible sodomy if suchperson has deviate sexual intercourse with another person by the use offorcible compulsion. Forcible compulsion includes the use of a substanceadministered without a victim's knowledge or consent which renders thevictim physically or mentally impaired so as to be incapable of making aninformed consent to sexual intercourse.

2. Forcible sodomy or an attempt to commit forcible sodomy is afelony for which the authorized term of imprisonment is life imprisonmentor a term of years not less than five years, unless:

(1) In the course thereof the actor inflicts serious physical injuryor displays a deadly weapon or dangerous instrument in a threatening manneror subjects the victim to sexual intercourse or deviate sexual intercoursewith more than one person, in which case the authorized term ofimprisonment is life imprisonment or a term of years not less than tenyears; or

(2) The victim is a child less than twelve years of age, in whichcase the required term of imprisonment is life imprisonment withouteligibility for probation or parole until the defendant has served not lessthan thirty years of such sentence or unless the defendant has reached theage of seventy-five years and has served at least fifteen years of suchsentence, unless such forcible sodomy is described under subdivision (3) ofthis subsection; or

(3) The victim is a child less than twelve years of age and suchforcible sodomy was outrageously or wantonly vile, horrible or inhumane, inthat it involved torture or depravity of mind, in which case the requiredterm of imprisonment is life imprisonment without eligibility forprobation, parole or conditional release.

3. Subsection 4 of section 558.019, RSMo, shall not apply to thesentence of a person who has pleaded guilty to or has been found guilty offorcible sodomy when the victim is under the age of twelve, and "lifeimprisonment" shall mean imprisonment for the duration of a person'snatural life for the purposes of this section.

4. No person found guilty of or pleading guilty to forcible sodomy oran attempt to commit forcible sodomy shall be granted a suspendedimposition of sentence or suspended execution of sentence.

(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)

CROSS REFERENCE:

Child abuse definitions, actions for civil damages may be brought, when, RSMo 537.046