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.



ALASKA Repealed effective 1980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



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 CALIFORNIA Repealed effective 1976



COLORADO Repealed effective 1972



CONNECTICUT Repealed effective 1971



DELAWARE Repealed effective 1973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 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



HAWAII Repealed effective 1973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ILLINOIS Repealed effective 1962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 INDIANA Repealed effective 1977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 IOWA Repealed effective 1978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 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 MAINE Repealed effective 1976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. 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. 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 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 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 Criminal, penalties unknown. Compiled by Bob Summersgill <xe605C@GWUVM.GWU.EDU> DC Sodomy-Law reform coalition. 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