Sodomy (1st Degree) involves oral or anal penetration by forcible compulsion or with a person who is incapacitated due to incapacity or age. Which option represents this offense?

• A. Kidnapping (1st Degree)
• B. Sodomy (1st Degree)
• C. Rape (2nd Degree)
• D. Unlawful Imprisonment (2nd Degree)

Answer: (B)

The main concept here is how first-degree sodomy is defined by the act and the aggravating factors. First-degree sodomy covers oral or anal penetration that is achieved by forcible compulsion or is committed with a person who is incapacitated due to incapacity or age. The description given—oral or anal penetration with forcible force or with a victim who is incapacitated—fits exactly that offense. Hence the best match is Sodomy (1st Degree).

The other offenses describe different crimes: kidnapping and unlawful imprisonment involve confinement or movement rather than a sexual act, and rape (second degree) typically involves vaginal intercourse rather than oral or anal penetration, with its own set of aggravating factors.