Sodomy in the first degree is a criminal offense that involves engaging in oral or anal sex with another person in certain circumstances. The specific circumstances that constitute first-degree sodomy vary by state, but generally include:
- Engaging in sodomy with another person by forcible compulsion(1).pdf)(3).pdf).
- Engaging in sodomy with another person who is incapable of consent by reason of being incapacitated.
- Being 16 years old or older and engaging in sodomy with a person who is less than 12 years old.
First-degree sodomy is considered a Class A or Class B felony, depending on the state and the specific circumstances of the offense. Defenses to first-degree sodomy charges depend on the nature of the charge and the specific facts of the case.