1. Laws covering sexual activity
| Same-gender sex: |
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| males | Legal |
females | Legal |
|---|
| Age of consent: |
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| males | 18 |
females | 18 |
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| straight | 18 |
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Situation varies from state to state. While it is legal, bans remain on per-state basis.
Alabama
Section 13A-6-65
Sexual misconduct.
(a) A person commits the crime of sexual misconduct if:
1. Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or
2. Being a female, she engages in sexual intercourse with a male without his consent; or
3. He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.
(b) Sexual misconduct is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2318.)
Section 16-1-28
No public funds or public facilities to be used to promote lifestyle or activities prohibited by sodomy and sexual misconduct laws.
(a) No public funds or public facilities shall be used by any college or university to, directly or indirectly, sanction, recognize, or support the activities or existence of any organization or group that fosters or promotes a lifestyle or actions prohibited by the sodomy and sexual misconduct laws of Sections 13A-6-63 to 13A-6-65, inclusive.
(b) No organization or group that receives public funds or uses public facilities, directly or indirectly, at any college or university shall permit or encourage its members or encourage other persons to engage in any such unlawful acts or provide information or materials that explain how such acts may be engaged in or performed.
(c) This section shall not be construed to be a prior restraint of the first amendment protected speech. It shall not apply to any organization or group whose activities are limited solely to the political advocacy of a change in the sodomy and sexual misconduct laws of this state.
(Acts 1992, No. 92-439, p. 869, §§1-3.)
Florida
* Statute: 800.02, Unnatural and Lascivious Act. Unconstitutional under Lawrence v. Texas.
* Penalty: 60 days/$500
* Classification: Misdemeanor
* Restrictions: None
Florida’s overtly discriminatory adoption law banning gay people from adopting used the Florida sodomy law as a justification. With the Supreme Court decision in Lawrence v. Texas, that rationalization has been dropped. The "best interest of the child" standard is now being misused to break up families.
Statute
800.02 Unnatural and lascivious act
A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breast feeding of her baby does not under any circumstance violate this section.
History: s. 1, ch. 7361, 1917; RGS 5425; CGL 7568; s. 778, ch. 71-136; s. 2, ch. 93-4.
Interpretation prior to Lawrence v. Texas
Florida’s "sodomy" law is complex.
Florida does not have a specific Sodomy Law. A felony law used in the arrest of two men engaged in a sexual act in a car was struck down as too vague to enforce in 1972. An accompanying 2nd degree misdemeanor lewdness charge (800.2 Unnatural and lascivious act) was not dismissed but legal analysts have agreed that other factors (such as the somewhat public nature of the activity) may have triggered the charge rather than sexual orientation or specific activity of the men.
My understanding is that no Floridian has gone to court on this misdemeanor charge since the passage of Florida’s Privacy Amendment in 1980—one of the strongest privacy provisions in the country. It has however been cited in custody cases by homophobes to justify taking children from lgbt parents or preventing adoption. The primary focus of work to overturn the so-called sodomy law has been legal.
Some tried to get it swept away along with other archaic, unenforced laws. Others have looked for the "ideal" case to take to a supportive prosecutor...we can’t challenge it in court if no one gets charged with it.
The other path is to challenge legislatively. We are developing the list of legislators we can turn to on this issue and the prospects are not good in the near term. Education is our primary focus when it comes to the legislature on the issue.
We also have a lawsuit challenging the fact that Florida is the only state backward enough to ban adoptions by "homosexuals." We are eager to see how the "sodomy law" factors in to that battle.
—Nadine Smith
Idaho
* Statute: 18-6605, Crime Against Nature. Unconstitutional under Lawrence v. Texas.
* Penalty: 5 years to life
* Classification: Felony
* Restrictions: None
Statute
18-6605. Crime Against Nature -- Punishment
Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five (5) years.
18-6606. Crime Against Nature -- Penetration
Any sexual penetration, however slight, is sufficient to complete the crime against nature.
Kansas
* Statute: 21-3505, Sodomy. Unconstitutional under Lawrence v. Texas.
* Penalty: 6 months/$1000
* Classification: Misdemeanor
* Restrictions: Same-sex only
Kansas is the only state with discriminatory penalties for consensual sex by minors. Kansas law makes any sexual activity involving a person under 16 illegal. The 1999 “Romeo and Juliet” law, however, provides lesser penalties for consensual sex when one partner is 19 or under and the other partner’s age is within four years. Convicted of sodomy for having sex in 2000 at age 18 with a 14-year-old boy, Matthew R. Limon was sentenced to more than 17 years in prison. Had Limon’s partner been an underage girl, he could have been sentenced at most to one year and three months in prison.
Statute
21-3505 Criminal sodomy
(a) Criminal sodomy is:
(1) Sodomy between persons who are 16 or more years of age and members of the same sex or between a person and an animal;
(2) sodomy with a child who is 14 or more years of age but less than 16 years of age; or
(3) causing a child 14 or more years of age but less than 16 years of age to engage in sodomy with any person or animal.
(b) It shall be a defense to a prosecution of criminal sodomy as provided in subsection (a)(2) that the child was married to the accused at the time of the offense.
(c) Criminal sodomy as provided in subsection (a)(1) is a class B nonperson misdemeanor.
Criminal sodomy as provided in subsections (a)(2) and (a)(3) is a severity level 3, person felony.
Massachusetts
* Statute: 272-34, Crime Against Nature
* Penalty: 20 years
* Classification: Felony
* Restrictions: Applies only to anal intercourse.
* Statute: 272-35, Unnatural and Lascivious Acts
* Penalty: 5 years/$100-$1000
* Classification: Felony
* Restrictions: Applies only to oral sex.
Unnatural and Lascivious Acts has been held not apply to private consensual adult behavior. Commonwealth v. Balthazar, Supreme Judicial Court 1974. The ruling may also apply to the Crime Against Nature. Gay and Lesbian Advocates and Defenders asked the Supreme Judicial Court to strike down the Crime Against Nature law. The case, Doe v. Reilly, reaffirmed Balthazar on February 21, 2002.
From George Painter: The '74 and '77 court cases wiped out both the CAN and ULA laws, since the court's opinions explicitly overruled the 1954 Jaquith case and decided that, notwithstanding the case being brought under the ULA law, private consensual activity was constitutionally protected in the state.
Michigan
* Statute: 750.158, Crime Against Nature. Unconstitutional under Lawrence v. Texas.
* Penalty: 15 years
* Classification: Felony
* Restrictions: None
Invalidated by local trial court, Michigan Org. for Hum. Rts. v. Kelley, No. 88-815820 CZ (Mich. Cir. Ct. Wayne Cnty. July 9, 1990), The State has not appealed. In late 1992, there was a decision of the Michigan Court of Appeals to uphold the statute, which has effect statewide effectively reversing MOHR v. Kelly. See People v. Brashier, 496 N. W.2d 385.
Statute
750.158 Crime against nature or sodomy; penalty. [M.S.A. 28.355]
Sec.158. Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.158 ;--Am. 1952, Act 73, Eff. Sept. 18, 1952.
Former Law: See section 16 of Ch. 158 of R.S. 1846, being CL 1857, § 5871; CL 1871, § 7706; How., § 9292; CL 1897, § 11705; CL 1915, § 15479; CL 1929, § 16831; and Act 57 of 1923.
750.159 Emission need not be proved. [M.S.A. 28.356e]
Sec.159. In any prosecution for sodomy, it shall not be necessary to prove emission, and any sexual penetration, however slight, shall be deemed sufficient to complete the crime specified in the next preceding section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.159 ;--Am. 1952, Act 73, Eff. Sept. 18, 1952.
Minnesota
* Statute: 609.293, Sodomy - Found unconstitutional in Doe, et al. v. Jesse Ventura, et al.
* Penalty: 1 year/$3000
* Classification: Misdemeanor
* Restrictions: None
The sodomy ruling came in two parts from Hennepin County District Judge Delila Pierce. In May 2001, she ruled that the sodomy law was unconstitutional as applied to the plaintiffs before her. The State had 60 days to appeal that ruling, and did not.
The second ruling came on July 2, 2001, in which Judge Pierce certified the plaintiffs before her as a statewide class; the purported effect of this ruling is to allow her ruling to have statewide application. The State similarly had 60 days to appeal that decision, and did not.
The State has widely been seen as supportive of Judge Pierce’s rulings, though the State is in the position of theoretically having to defend its statutes.
The Minnesota Supreme Court dismissed an ethics complaint against Attorney General Mike Hatch on June 25, 2001, which had alleged he had violated professional ethics by failing to adequately defend the sodomy law; the ruling by Chief Justice Kathleen Blatz was entirely silent on the Court’s view of Judge Pierce’s rulings.
Thanks to Phil Duran of OutFront Minnesota and a plaintiff in the case for this synopsis.
Statute
609.293 Sodomy
Subdivision 1. Definition. "Sodomy" means carnally knowing any person by the anus or by or with the mouth.
Subd. 2. Repealed, 1977 c 130 s 10
Subd. 3. Repealed, 1977 c 130 s 10
Subd. 4. Repealed, 1977 c 130 s 10
Subd. 5. Consensual acts. Whoever, in cases not coming within the provisions of sections 609.342 or 609.344, voluntarily engages in or submits to an act of sodomy with another may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
HIST: 1967 c 507 s 4; 1977 c 130 s 4; 1984 c 628 art 3 s 11
Mississippi
* Statute: 97-29-59, Unnatural Intercourse. Unconstitutional under Lawrence v. Texas.
* Penalty: 10 years
* Classification: Felony
* Restrictions: None
Statutes
§ 97-29-59. Unnatural intercourse.
Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast shall be punished by imprisonment in the penitentiary for a term of not more than ten years.
Sources: Codes Hutchinson's 1848 ch. 64 art. 12 Title 7(20); 1857 ch. 64 art. 238; 1871 § 2701; 1880 § 2968; 1892 § 1321; 1906 § 1396; Hemingway's 1917 § 1139; 1930 § 1170; 1942 § 2413.
Missouri
* Statute: 566.090, Sexual Misconduct. Unconstitutional under Lawrence v. Texas.
* Penalty: 1 year/$1000
* Classification: Misdemeanor
* Restrictions: Same-sex only
The Missouri Court of Appeal ruled July 6, 1999 in State of Missouri v. Cogshell, 1997 S.W.2d 534 (Mo.App., W.D.), that a revision of the state’s sodomy law had, in effect, decriminalized consensual sodomy in the state.
Attorney General Jay Nixon urged the court to reconsider or clarify its opinion, but the court has refused to do so, and Nixon, who has since told the local press that he believes consensual sodomy should not be a crime, has announced he will not try to appeal the ruling further. (The defendant in the case continues to serve prison time due to conviction under a separate provision of the penal code concerning sex with minors.)
Legislators who had opposed a law revision commission’s recommendation to decriminalize sodomy had insisted on an amendment to the pending law reform proposal, but apparently botched the job by producing a grammatically inept run-on sentence that was just ambiguous enough to give the court room to conclude that consent was a defense to a sodomy charge.
-- Lesbian/Gay Law Notes, October 1999
Editor: Prof. Arthur S. Leonard
New York Law School, 57 Worth St., NY, NY 10013
212-431-2156, fax 431-1804
email: asleonard@aol.com or aleonard@nyls.edu
"The Missouri Western District Court of Appeals issued a somewhat confused ruling that essentially said that if the act was consensual, it is not a crime. We do not know if the Southern District or Eastern District court of appeals will agree. We are deciding what to do. There is a possibility legislation will be introduced to clarify the state’s policy opposing queer sex. (Everything’s up-to-date in Kansas City!)"
--Jeff Wunrow
A word about terminology:
In Missouri criminal statutes the word "sodomy" is used only in the context of "forcible sodomy" (section 566.060) or "statutory sodomy" which refers to ages of the people involved (sections 566.062 and 566.064). Hence those of us working to repeal the same-sex portion of the sexual misconduct code are not working to repeal the Missouri laws with "sodomy" in the title.
- Alan Easton, member Privacy Rights Education Project (PREP), St. Louis.
Statute
566.090, Sexual misconduct, first degree, penalties
1. A person commits the crime of sexual misconduct in the first degree if he has deviate sexual intercourse with another person of the same sex or he purposely subjects another person to sexual contact or engages in conduct which would constitute sexual contact except that the touching occurs through the clothing without that person's consent.
2. Sexual misconduct in the first degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or unless in the course thereof the actor displays a deadly weapon in a threatening manner or the offense is committed as a part of a ritual or ceremony, in which case it is a class D felony.
(L. 1977 S.B. 60, A.L. 1994 S.B. 693)
Effective 1-1-95
North Carolina
* Statute: 14-177, Crime Against Nature. Unconstitutional under Lawrence v. Texas.
* Penalty: 3 years
* Classification: Felony
* Restrictions: None
Statute
14-177. Crime against nature
If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.
Oklahoma
* Statute: 21-886, Crime Against Nature. Unconstitutional under Lawrence v. Texas.
* Penalty: 10 years
* Classification: Felony
* Restrictions: Same-sex only
Statue
§21-886 Crime Against Nature-Penalty
Every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is punishable by imprisonment in the penitentiary not exceeding ten (10) years.
R.L. 1910, § 2444; Laws 1992, c. 289, § 1, emerg. eff. May 25, 1992; Amended by Laws 1997, H.B. No. 1213 c. 133. § 263, emerg. Effective Date Amended to July 1, 1999 by Laws 1998, c. 2 (First Extraordinary Session), §§ 23-26, effective June 19, 1998 (superseded document available).; Amended by Laws 1997, c. 333, § 5, Effective Date Amended to July 1, 1999 by Laws 1998, c. 2 (First Extraordinary Session), §§ 23-26, effective June 19, 1998 (superseded document available); Amended by H.B. 1009X (1st Ex. Sess. 1999), § 167, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2002, SB 1536, c. 460, § 8, eff. November 1, 2002 (superseded document available).
§21-887 Crime against nature, what penetration necessary.
Any sexual penetration, however slight, is sufficient to complete the crime against nature.
Puerto Rico
* Statute: Article 103, Sodomy. Unconstitutional under Lawrence v. Texas.
* Penalty: 8 - 20 years
* Classification: Felony
* Restrictions: None
Statute
Every person who has sexual intercourse with a person of his same sex or commits the crime against nature with a human being shall be punished by imprisonment for a fixed term of ten (10) years. If there are increasing circumstances, the penalty could be risen up to a maximum of twelve years; if there are extenuating circumstances, it could be reduced down to a minimum of six years".
Rhode Island
* Statute: Repealed 1998; 11-10-1, Crime Against Nature
* Penalty: 7-20 years
* Classification: Felony
* Restrictions: Doesn't apply to married couples.
Statute
11-10-1. Abominable and detestable crime against nature
Every person who shall be convicted of the abominable and detestable crime against nature, either with mankind or with any beast, shall be imprisoned not exceeding twenty (20) years nor less than seven (7) years.
South Carolina
* Statute: 16-15-120, Buggery. Unconstitutional under Lawrence v. Texas.
* Penalty: 5 years/$500
* Classification: Felony
* Restrictions: None
Statute
Section 16-15-120. Buggery.
Whoever shall commit the abominable crime of buggery, whether with mankind or with beast, shall, on conviction, be guilty of felony and shall be imprisoned in the Penitentiary for five years or shall pay a fine of not less than five hundred dollars, or both, at the discretion of the court.
Texas
* Statute: 21.06, Homosexual Conduct. Unconstitutional under Lawrence v. Texas.
* Penalty: $500
* Classification: Misdemeanor
* Restrictions: Same-sex only, Case law in conflict
The state Republican Party platform explicitly opposes the decriminalization of sodomy, stating that "the practice of sodomy tears at the fabric of society" and "contributes to the breakdown of the family unit."
Also see the section on Lawrence and Garner v. Texas
Statute
Sec. 21.01. Definitions.
In this chapter:
(1) "Deviate sexual intercourse" means:
(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person with an object.
(2) "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 21.06. Homosexual Conduct.
(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Utah
* Statute: 76-5-403, Sodomy. Unconstitutional under Lawrence v. Texas.
* Penalty: 6 months/$299
* Classification: Misdemeanor
* Restrictions: None
Statute
76-5-403. Sodomy, Forcible sodomy
(1) A person commits sodomy when the actor engages in any sexual act with a person who is 14 years of age or older involving the genitals of one person and mouth or anus of another person, regardless of the sex of either participant.
(2) A person commits forcible sodomy when the actor commits sodomy upon another without the other's consent.
(3) Sodomy is a class B misdemeanor. Forcible sodomy is a felony of the first degree.
Amended by Chapter 88, 1983 General Session
1997 Reform bill to decriminalize sodomy between spouses - failed.
Virginia
* Statute: 18.2-361, Crimes Against Nature. Unconstitutional under Lawrence v. Texas. Virginia continues to arrest and prosecute under this law.
* Penalty: 5 years
* Classification: Felony
* Restrictions: None
Statute
§ 18.2-361 Crimes against nature
A. If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony, except as provided in subsection B.
B. Any person who carnally knows by the anus or by or with the mouth his daughter or granddaughter, son or grandson, brother or sister, or father or mother shall be guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least thirteen but less than eighteen years of age at the time of the offense, such parent or grandparent shall be guilty of a Class 3 felony.
US Military
* Statute: US Code Title 10, Section 47, Subchaper X, Sec. 925. Art. 125. Sodomy.
* Penalty: Court Martial
* Classification: Felony
* Restrictions: None
* Enforcement: 106 members of the armed services were discharged during the 2000 fiscal year that ended September 30, 2000, for homosexual acts according to the Pentagon.
Statute
Section 47 - Uniform Code of Military Justice, Subchapter X, Punative Articles
Sec. 925. Art. 125. Sodomy
(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy.
Penetration, however slight, is sufficient to complete the offense.
(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.
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