Also known as: deviate sexual intercourse · deviant sexual intercourse by force or imposition · forced deviate intercourse
Written by attorneys · grounded in primary & secondary sources — see below
A sexual offense committed when a person engages in deviate sexual intercourse with another or causes another to engage in it by compelling participation through force or threat of imminent death, serious bodily injury, extreme pain, or kidnapping or by substantially impairing the other's power to appraise or control conduct through drugs or other means without knowledge.
Daphne Doyle breaks into Delilah Duran's apartment and uses physical force to compel deviate sexual intercourse. During the struggle Delilah dies from injuries inflicted in the attack. The circumstances establish the required recklessness and extreme indifference for a murder charge.
Diane Dawson and Deanna Davenport engage in consensual deviate sexual intercourse in a private home. Police enter without warrant and arrest them under a state statute. The facts show no force or imposition, so the prosecution cannot rely on the offense definition to avoid constitutional scrutiny.
Select any source to read its text and confirm it supports the definition.
Destiny Davis and Deborah Dunn commit deviate sexual intercourse by force during a home invasion that ends in homicide. The jury finds the sexual offense as an aggravating factor. The presence of the offense satisfies the statutory requirement for capital sentencing eligibility.
A male defendant compels a female victim to engage in deviate sexual intercourse by threat of serious bodily injury. The defense argues the statute applies only to opposite-sex conduct. The court rejects the claim and applies the offense elements equally regardless of the parties' genders.
Performers at a club engage in simulated deviate sexual intercourse as part of a dance routine without any actual force or imposition on participants. City officials attempt to shut down the venue under a public nudity ban. The facts fall outside the offense definition because no compulsion or impairment occurs.
A defendant is convicted of deviate sexual intercourse by force. At sentencing the judge finds use of a weapon as a fact that increases the minimum term. The finding occurs after the jury verdict and does not alter the elements the prosecution had to prove at trial.
The offense constitutes a felony of the second degree when the actor compels participation by force or threat of imminent death, serious bodily injury, extreme pain, or kidnapping.
The third-degree offense requires only a threat that would prevent resistance by a person of ordinary resolution or knowledge that the other person is unaware a sexual act is occurring.
Yes. The definition of deviate sexual intercourse itself requires that the participants are not husband and wife, so the offense cannot apply between spouses.
Yes. The Model Penal Code presumes recklessness and extreme indifference to human life when the homicide occurs during commission of deviate sexual intercourse by force or threat of force.
…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…