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46.3611 Sodomy.

Cite as [A.S.C.A. § 46.3611]

(a) A person commits the crime of sodomy if:

(1) he has deviate sexual intercourse with another person without that person's consent or by the use of forcible compulsion; or

(2) he has deviate sexual intercourse with another person who is 16 years of age or less.

(b) Sodomy is a class B felony unless in the course of it the actor inflicts serious physical injury on any person or displays a deadly weapon, then sodomy is a class A felony.

History: 1979, PL 16-43 § 2; amd 2004, PL, 28-16.

Case Notes:

Crime of sodomy does not include element of intent to arouse or gratify sexual desire. A.S.G. v. Masaniai 4 A.S.R.2d 156 (1986) (mem).

The overlap of the statutes defining sodomy and deviate sexual assault does not violate a criminal defendant's due process. A.S.C.A. §§ 46.3611, 46.3612. American Samoa Government v. Whitney, 20 A.S.R.2d 29 (1991).

Statute defining the crime of sodomy does not require proof that defendant committed the act with the purpose of arousing or gratifying sexual desire. A.S.C.A. § 46.3611. American Samoa Government v. Masaniai, 4 A.S.R.2d 156 (1987).

That defendant's conduct was similar to pre-Christian ceremonial practices was no defense in prosecution for sexual abuse and sodomy, since territorial legislature enacted no statutory exception for such practices. A.S.C.A. §§ 46.3611, 3612. American Samoa Government v. Masaniai, 4 A.S.R.2d 156 (1987).

In passing both a sodomy and a deviate sexual assault statute, the Fono has indicated that a prosecutor has the discretion to chose between charging a Class B or Class C felony for the same conduct. A.S.C.A. §§ 46.3611, 46.3612. American Samoa Government v. Whitney, 20 A.S.R.2d 29 (1991).

Research Guide: MCC 566.060, 15 ASC 981.