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Aggravated sodomy means sodomy conducted with force or against the will of another person and which results in serious bodily injury to the victim in addition to the mental injury and emotional distress. In some states sodomy involving a minor is aggravated sodomy.
Following is an example of a state statute defining the term “aggravated criminal sodomy”. Pursuant to K.S.A. § 21-3506 (a), aggravated criminal sodomy is:
(1) sodomy with a child who is under 14 years of age;
(2)causing a child under 14 years of age to engage in sodomy with any person or an animal; or
(3)sodomy with a person who does not consent to the sodomy or causing a person, without the person's consent, to engage in sodomy with any person or an animal, under any of the following circumstances:
(A)When the victim is overcome by force or fear;
(B)when the victim is unconscious or physically powerless; or
(C)when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender.
In Tillman v. State, 806 P.2d 1023 (Kan. Ct. App. 1991), the court held that “To prove a charge of aggravated sodomy, the State must prove the victim was (1) a nonconsenting adult and (2) not the wife of the defendant. Thus, nonconsent is an essential element of aggravated sodomy.” Further the court held that ‘aggravated sodomy is a class B felony.’