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United States Sodomy Laws

compilation v1.0 (January 28, 1998)

The following state laws explain the legal penalties for consensual sexual behavior between a person's sexual organs and the mouth or anus of another. These acts fall under the general legal rubric of sodomy or crimes against nature where it is marginalized, banned, and penalized. Related acts and questionable laws are also provided where applicable. States which attempt a rational explanation claim that these acts harm the "moral welfare" of society and they have decided that all harm to "moral welfare" can be best remedied by strict penalties imposed against the individuals who partake in those behaviors.

No state has attempted to explain how any particular private consensual act between adults harms the "moral welfare" of society but still the laws remain on the books and legal enforcement continues. This causes citizens to lose respect for the legal system and to not take its laws seriously because they assume that other laws share the same irrational, unreasonable, and ignorant basis.

To prevent further erosion of public respect many states have repealed their laws that previously banned consensual sexual behavior between adults. If government wishes that citizens treat its edicts with respect, the repeal of all unjust laws immediately is required.

State Laws Notes/Related Laws
Alabama 13A-6-65 (a)(3) Sexual misconduct: Class A misdemeanor Consent is not a valid defense, though married couples are excluded from the definitions of 13A-6-60 Deviate Sexual Intercourse and 13A-6-60 Sexual Contact.
Alaska - Repealed effective 1980
Arizona 13-1411 Crime against nature: Class 3 misdemeanor See: 13-1412 Lewd and lascivious acts; 13-1409 Open and notorious cohabitation or adultery
Arkansas 5-14-122 Sodomy: Class A misdemeanor -
California - Laws banning consensual sodomy between adults repealed effective 1976
Colorado - Repealed effective 1972
Connecticut - Repealed effective 1971
Delaware - Repealed effective 1973
District of Columbia - Repealed effecitve 1993
Florida 800.02 Unnatural and lascivious act: misdemeanor of the 2nd degree See: 798.01 Living in open adultery; 798.02 Lewd and lascivious behavior
Georgia 16-6-2 Sodomy: not less than 1 nor more than 20 years Upheld by the U.S. Supreme Court as constitutional in 1986 Bowers v. Hardwick, 478 U.S. 186 (1986) because the U.S. Constitution does not grant the right to engage in sodomy.

Consent by a spouse is not a valid defense.

See: 16-6-15 Solicitation for sodomy; 16-6-16 Masturbation for hire; 16-6-18 Fornication; 16-6-6 Bestiality; 16-6-7 Necrophilia

Hawaii - Repealed effective 1973
Idaho 18-6605 Crime against nature: felony not less than 5 years See: 18-6603 Fornication
Illinois - Repealed effective 1962
Indiana - Repealed effective 1977
Iowa - Repealed effective 1978
Kansas 21-3505 Criminal sodomy: Class B nonperson misdemeanor -
Kentucky 510.100 Sodomy in the 4th degree: Class A misdemeanor Held unconstitutional by state Supreme Court 1992.
Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992)
Louisiana 14:89 Crime against nature: fined not more than $2,000, or imprisoned with or without hard labor for not more than 5 years, or both See: 14:83.3 Prostitution by massage; 14:83.4 Massage; sexual conduct prohibited
Maine - Repealed effective 1976
Maryland Criminal Law 27553 Sodomy generally: a sentence in the penitentiary for nor more than ten years. Criminal Law 27554: Unnatural or pervented sexual practices: felony; fined nor more than $1,000 or imprisoned for not more than 10 years, or both
Massachusetts 27234 Crime against nature: felony, imprisonment for not more than twenty years See:
27235 Unnatural and lascivious acts: felony, a fine of not less than one hundred nor more than one thousand dollars or imprisonment in the state prison for not more than five years or the house of correction for not more than two and one half years.
Michigan 28.355/750.158 Crime against nature or sodomy: felony; not more than 15 years See:
28.221/750.32 Cohabitation by divorced persons as adultery: felony;
28.355/750.335 Lewd and lascivious cohabitation and gross lewdness: misdemeanor; not more than 1 year in jail or a fine of not more than $500.00
28.570/750.338 Gross indecency between male persons: felony; not more than 5 years in jail or a fine more than $2,500.00
28.570(1)/750.338a Gross indecency between female persons: felony; not more than 5 years in jail or a fine more than $2,500.00
28.570(2)/750.338b Gross indecency between male and female persons: felony; nor more than 5 years in jail or a fine more than $2,500.00
Minnesota 609.293 Sodomy: misdemeanor See: 609.34. Fornication: misdemeanor;
609.294. Bestiality: misdemeanor
Mississippi 97-29-59 Unnatural intercourse: felony; not more than 10 years imprisonment See: 97-29-105 Distribution or wholesale distribution of unlawful sexual devices: misdemeanor
Missouri - See:
566.090 Sexual misconduct: class A misdemeanor;
Montana 45-5-505 Deviant sexual conduct: felony; not more than 10 years and/or a fine not to exceed $50,000 Found unconstitutional in Gryczan v. State (1996)
Nebraska - Repealed effective 1978
Nevada - Repealed effective 1993
New Hampshire - Repealed effective 1975
New Jersey - Repealed effective 1979

New Mexico - Repealed effective 1975
New York Pen. 130.38 Consensual sodomy: Class B misdemeanor Held unconstitutional by state Supreme Court 1980 People v. Onofre
North Carolina 14-177 Crime against nature: Class I felony 14-184. Fornication and adultery
14-186. Opposite sexes occupying the same bedroom at hotel for immoral purposes
North Dakota - Repealed effective 1975
Ohio - Repealed effective 1974
Oklahoma 21886 Crime against nature: felony; 10 years -
Oregon - Repealed effective 1972
Pennsylvania - Held unconstitutional by state Supreme Court 1980 Commonwealth v. Bonadio
Rhode Island 11-10-1 Abominable and detestable crime against nature: felony; not more than 20 nor less than 7 years -
South Carolina 16-15-120 Buggery: Felony; 5 years and a fine of not less than five hundred dollars See:
16-15-60 Fornication: not more than five hundred dollars or imprisonment for not less than six months nor more than one year or both.
South Dakota - Repealed effective 1977
Tennessee - Found unconstitutional in Campbell v. Sundquist (Tenn. Ct. App. 1996), 926 S.W.2d 250, 262.
Texas 21.06 Homosexual conduct: Class C misdemeanor Found unconstitutional by state Court of Appeals England v. Dallas.
(See Morales v. State 1994)
Utah 76-5-403 Sodomy: Class B misdemeanor -
Vermont - Repealed effective 1977

See: 132601 Lewd and lascivious conduct: felony; not more than 5 years,
132632 Not engage or occupy a building for purposes of lewdness; misdemeanor

Virginia 18.2-361 Crime against nature: Class 6 felony See:
18.2-344 Fornication: Class 4 misdemeanor,
18.2-345 Lewd and lascivious cohabitation: Class 3 misdemeanor.

Individuals who are both married and living with the complainant cannot be found guilty of rape under conditions in 18.2-61 or of forcible sodomy under the conditions in 18.2-67.1 unless having received serious physical injury from the result of the sexual behavior forced on them against their will. This implies that they are property submitted at time of marriage.

Washington - Repealed effective 1976
West Virginia - Repealed effective 1976
Wisconsin - Repealed effective 1983
Wyoming - Repealed effective 1977

Copyright © 1995-2007 Alliance of Sodomy Supporters / Necrocapitalist

Note: This information is provided solely for the purpose of making people more aware of laws restricting certain consensual sexual behaviors in the United States.

The creator of this compilation is not a lawyer and the information contained herein is not intended as and should not be considered to be legal advice. While this information is believed to be factual, you should consult your state's lawbook or a lawyer for definitive legal opinions and advice prior to engaging in any consensual sexual act(s) with your adult partner. Furthermore, state laws are subject to change at any time, so you should periodically review them in order to determine if your behavior remains in compliance with them.