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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114795
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What is Sodomy - 2nd Degree? i was 16 at the time and he was

Customer Question

what is Sodomy - 2nd Degree? i was 16 at the time and he was 18.... Just trying to process everything
JA: In what state did this occur?
Customer: MO
JA: Have you talked to a lawyer yet?
Customer: should my family get one? I wasn't the only Victim there was more then one
JA: Anything else you want the lawyer to know before I connect you?
Customer: his first charge is 2nd degree rape and there's a pre trial meeting coming
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under MO law person commits the offense of sodomy in the second degree if he or she has deviate sexual intercourse with another person knowing that he or she does so without that person's consent and it is a Class C felony. So this is an alternative to rape. Under the brand new MO law taking effect in January, 2017, A person commits the offense of statutory sodomy in the second degree if being twenty-one years of age or older, he or she has deviate sexual intercourse with another person who is less than seventeen years of age and it is a class D felony.
A Class C Felony carries a maximum of 7 years in prison, or one year in jail, and a fine up to $5,000. A Class D felony is punishable by up to 5 years in prison, or one year in jail and a fine up to $5,000.
Customer: replied 6 months ago.
okay, how many years can he get for 2nd degree rape?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
It can be 5-15 years for rape in second degree.
Customer: replied 6 months ago.
ok.... what is a pre- trial? is this where he can just take a plead deal?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Pre trial is where they discuss facts and evidence and your attorney can try to negotiate a deal with the prosecutor.
Customer: replied 6 months ago.
should i attend this trial date?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply. Sorry, I never received notice of this response.
If you are the victim, typically the DA does not want the victim present at pretrial. If for some odd reason the DA does want you there, THEY will let you know.