§21-888.

§21-888.
   
   A. Any person who forces another person to engage in the detestable
   and abominable crime against nature, pursuant to Section 886 of this
   title, upon conviction, is guilty of a felony punishable by
   imprisonment in the State Penitentiary for a period of not more than
   twenty (20) years. Any person convicted of a second violation of this
   section, where the victim of the second offense is a person under
   sixteen (16) years of age, shall not be eligible for probation,
   suspended or deferred sentence. Any person convicted of a third or
   subsequent violation of this section, where the victim of the third or
   subsequent offense is a person under sixteen (16) years of age, shall
   be punished by imprisonment in the State Penitentiary for a term of
   life or life without parole, in the discretion of the jury, or in case
   the jury fails or refuses to fix punishment then the same shall be
   pronounced by the court.
   
   B. The crime of forcible sodomy shall include:
   
   1. Sodomy committed by a person over eighteen (18) years of age upon a
   person under sixteen (16) years of age; or
   
   2. Sodomy committed upon a person incapable through mental illness or
   any unsoundness of mind of giving legal consent regardless of the age
   of the person committing the crime; or
   
   3. Sodomy accomplished with any person by means of force, violence, or
   threats of force or violence accompanied by apparent power of
   execution regardless of the age of the victim or the person committing
   the crime.