§ 130.40 Sodomy in the third degree.
A person is guilty of sodomy in the third degree when:
1. He OR SHE engages in deviate sexual intercourse with a person who
is incapable of consent by reason of some factor other than being less
than seventeen years old; [or]
2. Being twenty-one years old or more, he OR SHE engages in deviate
sexual intercourse with a person less than seventeen years old[.]; OR
3. HE OR SHE ENGAGES IN DEVIATE SEXUAL INTERCOURSE WITH ANOTHER PERSON
WITHOUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF CONSENT IS BY REASON OF
SOME FACTOR OTHER THAN INCAPACITY TO CONSENT.
Sodomy in the third degree is a class E felony.
Effective 2/1/01.
Link to CJI2d