Forcible Sodomy Law & Legal Definition


Forcible sodomy is the sexual interaction involving the genitals of one person and the anus or mouth of another, against one's will, regardless of gender. It includes any penetration, no matter how slight, of the anus of one person by the penis of another accomplished by force and against the other person's will.

Forcible sodomy is a criminal offense. It is classified as a first degree felony in most jurisdictions, and can carry up to life in prison.

The following is an example of a state statute (Oklahoma) defining the term:

21 Okl. St. § 888. Forcible sodomy

A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than twenty (20) years, except as provided in Section 3 of this act. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence.

B. The crime of forcible sodomy shall include:

1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or

2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or

3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or

4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state.