(a) A person commits the crime of sodomy in the first degree if he or she does any of the following:
- (1) Engages in sodomy with another person by forcible compulsion.
- (2) Engages in sodomy with another person who is incapable of consent by reason of being incapacitated.
- (3) Being 16 years of age or older, engages in sodomy with a person who is less than 12 years of age.
- (b) Sodomy in the first degree is a Class A felony; provided, that the punishment for a violation of subdivision (a)(3) shall be as determined and fixed as provided in Article 2 of Chapter 5. Any defendant sentenced to life imprisonment on a capital offense must serve a minimum of 30 years, day for day, prior to his or her first consideration of parole.
(Acts 1977, No. 607, p. 812, §2315; Act 2019-465, §1; Act 2026-55, §2.)