Arizona Sodomy Laws

Arizona bans sodomy in § 13-1411 which it has labelled as the "crime against nature". The state reserves the right to regulate the moral welfare of its people which it imagines it does best when it provides punishments for certain types of consensual activity between adults. The state denies the right to privacy of free sexual relations betwen adults except within the context of childbearing and childrearing. Even married couples engaged in consensual, but non-child-producing sexual acts are in violation of Arizona Criminal Code § 13-1411. (State v. Bateman (1976) 113 Ariz. 107, 547 P.2d 6, application of mandate to stay denied 97 S.Ct. 1, 429 U.S. 1302, 50 L.Ed.2d. 32, certiorari denied 97 S.Ct. 170, 429 U.S. 864, 50 L.Ed.2d. 267.)

Arizona case law seems to disclude felatio, cunnilingus, and analingus from penalization under § 13-1411. If no penetration actually took place, the crime of sodomy did not occur [State v. Alkhowarizimi (1966) 101 Ariz. 514, 421 P.2d 871]. Another ruling determined that the "infamous crime against nature" is not committed by penetration of mouth of another human being. [State v. Potts (1953) 75 Ariz. 211, 254 P.2d 1023]

If certain consensual behavior does not fit the described penalized behavior in § 13-1411, it may be penalized under § 13-1412 named "Lewd and lascivious acts". This section penalizes "any lewd or lascivious act upon or with the body or any part or member thereof of a male or female adult, with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of either of such person". It is clear from these sections that Arizona laws oppose sexual acts that have the intent of pleasure. Legal acts are those which have the intent of producing children.

Individuals who are not married are preventing from living together "in a state of open and notorious cohabitation" under Arizona Code § 13-1409.

Penalties for people who commit Crime against nature, Lewd and lascivious acts, or Open and notorious cohabitation are guilty of a class 3 misdemeanor for which the penality is up to thirty days within custody of the state department of corrections and a fine of not more than five hundred dollars.