Also known as: deviates sexual intercourse · deviated sexual intercourse · deviating sexual intercourse · deviant sexual intercourse
Written by attorneys · grounded in primary & secondary sources — see below
Sexual conduct consisting of intercourse per os or per anum between human beings who are not husband and wife, or any form of sexual intercourse with an animal. The definition supplies the actus reus element for several graded sexual offenses and serves as a predicate felony that triggers a presumption of extreme indifference in homicide prosecutions.
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Darrell Duncan forces Devon Drake into a vacant lot and compels him to submit to anal intercourse at knifepoint. When Drake resists and Duncan stabs him fatally, the prosecution relies on the deviate sexual intercourse by force to establish the predicate felony that presumes the extreme indifference required for murder.
Darius Dixon and Dustin Donovan engage in oral sex in the privacy of Dixon's apartment. Police arrest them under a state statute criminalizing deviate sexual intercourse between same-sex partners, prompting a constitutional challenge that the statute infringes protected liberty interests.
Deborah Dunn possesses photographs depicting minors engaged in oral and anal acts. Prosecutors charge her under a statute whose definition of sexual conduct expressly includes deviate sexual intercourse, testing whether the materials fall within the unprotected category of child pornography.
Danielle Dixon performs on stage at an adult club while engaging in simulated anal intercourse with another performer. City officers cite her under an ordinance that lists deviate sexual intercourse as one form of public indecency, leading to litigation over the ordinance's validity as a content-neutral time-place-manner restriction.
Dustin Donovan murders a convenience-store clerk after first compelling the victim to perform oral sex at gunpoint. The jury finds the statutory aggravating circumstance that the murder occurred while the defendant was engaged in deviate sexual intercourse by force, supporting a death sentence.
Dawson Steel is convicted of deviate sexual intercourse by threat. At sentencing the judge, rather than the jury, finds that the offense was committed by force, triggering a mandatory minimum under the applicable enhancement statute.
The Code defines the term as sexual intercourse per os or per anum between persons who are not husband and wife, plus any sexual intercourse with an animal.
When an actor commits or attempts deviate sexual intercourse by force or threat of force and a death results, the Code presumes the recklessness and extreme indifference to human life needed for murder under section 210.2(1)(b). The same conduct also qualifies as an aggravating circumstance for capital sentencing.
…of the same sex to engage in certain intimate sexual conduct. The State of Texas convicted respondents Lawrence and Garner of deviate sexual intercourse in violation of the statute and, in a 5-to-4 decision, the Texas Court of Appeals affirmed. The court considered Bowers v. Hardwick , 478 U. S. 186, controlling and held that the statute…
…an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping. "(f) The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from lawful…
…Law § 263.00(1) (McKinney 1980)). " "Sexual conduct" ' " was in turn defined as " actual or simulated sexual
…relevant part: "1. A person who knowingly or intentionally, in a public place: "a. engages in sexual
…of sexual abuse by her father, respondent George Ritchie. In 1982, Ritchie was charged with several counts of rape, involuntary
The Supreme Court has held that a state statute criminalizing private consensual deviate sexual intercourse between adults of the same sex violates the Due Process Clause. The decision invalidated the Texas sodomy law and overruled earlier precedent upholding such bans.
It becomes a second-degree felony if the actor compels participation by force or threat of death, serious injury, extreme pain, or kidnapping, or if the victim is unconscious, under ten, or substantially impaired by surreptitious drugs or intoxicants.
It is a third-degree felony if the actor uses a lesser threat that would overcome a person of ordinary resolution, knows the victim cannot appraise the conduct because of mental disease, or knows the victim is unaware a sexual act is occurring.