UNITED STATES LAWS
REGARDING SEX
This edition of the alt.sex FAQs was written in the early part of 1994 by the last Alt.sex FAQ Committee. They reflect the best wisdom and knowledge of all the participants on the committee at that time.
UNITED STATES SODOMY LAWS, STATE BY STATE
In the first column, an M indicates misdemeanor, F is felony.
- ALABAMA
- M 13A-6-65, Sexual Misconduct, 1 year/$2000
- Does not apply to married couples.
- Does not apply to married couples.
- ALASKA Repealed effective 1980
- ARIZONA
- M 13-1411, Crime Against Nature (anal intercourse), 30 days/$500
- M 13-1412, Lewd and Lascivious Acts, 30 days/$500
- M 13-1412, Lewd and Lascivious Acts, 30 days/$500
- ARKANSAS
- M 5-14-111, Sodomy, 1 year/$1000, same sex only
Bill passed unanimously "aimed at weirdos and queers who live in a fairyland world and are trying to wreck family life." Signed into law by governor in 1977.
- CALIFORNIA Repealed effective 1976
- COLORADO Repealed effective 1972
- CONNECTICUT Repealed effective 1971
- DELAWARE Repealed effective 1973
- FLORIDA
- COLORADO Repealed effective 1972
- M 800.02, Unnatural and Lascivious Act, 60 days/$500
- GEORGIA
- F 16-6-2, Sodomy, 1 to 20 years
Upheld as to homosexuals on the grounds that there is no fundamental federal constitutional right to "engage in sodomy." Bowers v. Hardwick, 478 U.S. 186 (1986).
- M 16-6-15, Solicitation of Sodomy, 1 year/$1000
- M 16-6-15, Solicitation of Sodomy, 1 year/$1000
- HAWAII Repealed effective 1973
- IDAHO
- F 18-6605, Crime Against Nature, 5 years to life
- ILLINOIS Repealed effective 1962
First state to repeal sodomy laws, in 1961.
- INDIANA Repealed effective 1977
Earlier effort to repeal said legalization might "give us an opportunity to study it more openly, and to see what causes it, in the hope that we can eventually eliminate it."
- IOWA Repealed effective 1978
- KANSAS
- INDIANA Repealed effective 1977
- M 21-3505, Sodomy, 6 months/$1000, same sex only
- KENTUCKY
- Held unconstitutional by state Supreme Court 1992. Commonwealth v. Wasson
- LOUISIANNA
- F 14.89, Crime Against Nature, 5 years/$2000.
Held unconstitutional by Orleans Parish Court, appeal pending.
- MAINE Repealed effective 1976
- MARYLAND
- F 27-553, Sodomy, 10 years
- F 27-554, Unnatural or Perverted Sexual Practices, 10 years/$1000
Found not to apply to noncommercial, hetrosexual activity in private. Schochet v. State, 1990.
- F 27-554, Unnatural or Perverted Sexual Practices, 10 years/$1000
- MASSACHUSETTS
- F 272-34, Crime Against Nature, 20 years
- F 272-35, Unnatural and Lascivious Acts, 5 years/$100-$1000
Crime Against Nature applies only to anal intercourse. Unnatural and Lascivious Acts has been held not apply to private consensual adult behavior. Commonwealth v. Balthazar, Supreme Judicial Court 1974. It has been suggested that such a ruling would apply to Crime Against Nature.
- F 272-35, Unnatural and Lascivious Acts, 5 years/$100-$1000
- MICHIGAN
- F 750.158, Crime Against Nature, 15 years
Held unconstitutional as applied to private, consensual adult behavior. Michigan Organization for Human Rights v. Kelly (Wayne County Circ. Ct. 1990), no appeal taken, only applies to Wayne County. Held consitutional by Michigan Court of Apeals (People v. Brashier) 1992, effective outside of Wayne County. Decision is needed from the Michigan Supreme Court.
- MINNESOTA
- M 609.293, Sodomy, 1 year/$3000
Minnesota's law also prohibits sex between humans and birds.
- MISSISSIPPI
- F 97-29-59, Unnatural Intercourse, 10 years
- MISSOURI
- M 566.090, Sexual Misconduct, 1 year/$1000, same sex only
- MONTANA
- F 45-5-505, Deviate Sexual Conduct, 10 years/$50,000, same sex only
- 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
- NEVADA Repealed effective 1993
- Held unconstitutional by state Supreme Court 1980, People v. Onofre
- NORTH CAROLINA
- F 14-177, Crime Against Nature, 10 years / discretionary fine
- NORTH DAKOTA Repealed effective 1975
- OHIO Repealed effective 1974
- OKLAHOMA
- OHIO Repealed effective 1974
- F 21-886, Crime Against Nature, 10 years
A 1977 effort to repeal sodomy laws was met with a vote-delaying "chorus of giggles."
- OREGON Repealed effective 1972
- PENNSYLVANIA
- Held unconstitutional by state Supreme Court 1980. Commonwealth v. Bonadio
- RHODE ISLAND
- F 11-10-1, Crime Against Nature, 7-20 years. Includes "ordinary extramarital intercourse."
- SOUTH CAROLINA
- F 16-15-120, Buggery, 5 years/$500
The law actually legislates the "abominable crime of buggery." No further statutory explaination given.
- SOUTH DAKOTA Repealed effective 1977
- TENNESSEE
- M 39-13-510, Homosexual Acts, 30 days/$50, same sex only
- TEXAS
- Found unconstitutional by state Court of Appeals,
England v. Dallas, no appeal taken. Effective 1994 with the
dismissal of Morales v. State.
- UTAH
- M 76-5-403, Sodomy, 6 months/$1000
In 1982, the Republican State Convention added a plank to its platform stating that homosexuals should be denied the civil, political, social, and economic rights guaranteed to others.
- VERMONT Repealed effective 1977
- VIRGINIA
- F 18.2-361, Crime Against Nature, 5-20 years
- WASHINGTON Repealed effective 1976
- WEST VIRGINIA Repealed effective 1976
- WISCONSIN Repealed effective 1983
- WYOMING Repealed effective 1977
U.S. Possesions
- D.C. Repealed effective 1993
- AMERICAN SAMOA Repealed effective ?
- GUAM Repealed effective ?
- N. MARIANA IS. Repealed effective ?
- VIRGIN ISLANDS Repealed effective ?
- PUERTO RICO
- WEST VIRGINIA Repealed effective 1976
- Criminal, penalties unknown.
AGE OF CONSENT IN THE UNITED STATES, BY STATE
As of August 6, 1994
| Alabama | 16 |
| Alaska | 16 |
| Arizona | 18 |
| Arkansas | 16 |
| California | 18 |
| Colorado | 16 |
| Connecticut | 16 |
| D.C. | 16 |
| Delaware | 16 |
| Florida | 18 |
| Georgia | 16 |
| Hawaii | 16[3] |
| Idaho | 18 |
| Illinois | 16 |
| Indiana | 16 |
| Iowa | 14 |
| Kansas | 16 |
| Kentucky | 14[1] |
| Louisiana | 17 |
| Maine | 14 |
| Maryland | 16 |
| Massachusetts | 18 |
| Michigan | 16 |
| Minnesota | 16 |
| Mississippi | 18[2] |
| Missouri | 16 |
| Montana | 16 |
| Nebraska | 16 |
| Nevada | 16 |
| New Hampshire | 16 |
| New Jersey | 16 |
| New Mexico | 13 |
| New York | 17 |
| North Carolina | 16 |
| North Dakota | 18 |
| Ohio | 16 |
| Oklahoma | 18 |
| Oregon | 18 |
| Pennsylvania | 14 |
| Rhode Island | 16 |
| South Carolina | 16 |
| South Dakota | 16 |
| Tennessee | 18 |
| Texas | 17 |
| Utah | 14 |
| Vermont | 15 |
| Virginia | 16 |
| Washington | 18 |
| West Virginia | 16 |
| Wisconsin | 18 |
| Wyoming | 18 |
Footnotes:
[1] Age 16 if the man is 21 or older.[2] If the female is over 12, the statute applies only to virgins.
[3] If the victim is 14 or fifteen and the defendant is within three years of age, the court has discretion.
Contributed by:
Bill Casti <quire@vector.casti.com>
Elf Sternberg <elf@halcyon.com>
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