In the case where a man restrained a male victim and pulled his pants off while stating his intent to sodomize the victim, the crime is

• A. Assault with intent to commit rape
• B. Assault with intent to commit sodomy
• C. Attempted sodomy
• D. Sexual Battery

Answer: (B)

The key idea is the combination of force or restraint with a specific, intentional plan to commit a prohibited sexual act. Here, the man restrains the victim and pulls his pants off while stating an intent to sodomize. That shows not only an assault-like act but a clear, deliberate purpose to perform sodomy. The crime punished here is assault with intent to commit sodomy because the defendant’s specific intent to commit that sexual act, together with the act of restraining and exposing the victim, satisfies the elements of the offense even if sodomy never actually occurs.

Sexual battery requires actual sexual contact, which isn’t described here. Attempted sodomy would require a substantial step toward sodomy; the actions and stated intent, combined with the forcible restraint, more accurately fit the completed offense of assault with intent to commit sodomy. Rape is not the right label in this context because the act described centers on sodomy rather than vaginal intercourse.