By: David Worrell
Re: Sodomy 1
Several people (I don't remember which people) were discussing the
sodomy laws of various states. I thought the following text file might
clear up some points.
** begin quoted material **
Date: 13 Dec 1994 08:14:07 GMT
From: firstname.lastname@example.org (Elf Sternberg)
UNITED STATES LEGAL ISSUES REGARDING SEX
United States Sodomy Laws, state by state
IN THE FIRST COLUMN, AN M INDICATES MISDEMEANOR, F IS FELONY.
M 13A-6-65,Sexual Misconduct, 1 year/$2000
Does not apply to married couples.
ALASKA Repealed effective 1980
M 13-1411, Crime Against Nature (anal intercourse), 30
M 13-1412, Lewd and Lascivious Acts, 30 days/$500
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CALIFORNIA Repealed effective 1976
COLORADO Repealed effective 1972
CONNECTICUT Repealed effective 1971
DELAWARE Repealed effective 1973
M 800.02, Unnatural and Lascivious Act, 60 days/$500
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HAWAII Repealed effective 1973
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ILLINOIS Repealed effective 1962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INDIANA Repealed effective 1977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IOWA Repealed effective 1978
M 21-3505, Sodomy, 6 months/$1000, same sex only
Held unconstitutional by state Supreme Court 1992. Commonwealth
F 14.89, Crime Against Nature, 5 years/$2000.
Held unconstitutional by Orleans Parish Court, appeal pending.
MAINE Repealed effective 1976
F 27-553, Sodomy, 10 years
F 27-554, Unnatural or Perverted Sexual Practices, 10
Found not to apply to noncommercial, hetrosexual activity in
private. Schochet v. State, 1990.
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
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.
M 609.293, Sodomy, 1 year/$3000
Minnesota's law also prohibits sex between humans and birds.
F 97-29-59, Unnatural Intercourse, 10 years
M 566.090, Sexual Misconduct, 1 year/$1000, same sex only
F 45-5-505, Deviate Sexual Conduct, 10 years/$50,000, same sex
NEBRASKA Repealed effective 1978
NEVADA Repealed effective 1993
NEW HAMPSHIRE Repealed effective 1975
NEW JERSEY Repealed effective 1979
NEW MEXICO Repealed effective 1975
Held unconstitutional by state Supreme Court 1980, People v.
F 14-177, Crime Against Nature, 10 years / discretionary fine
NORTH DAKOTA Repealed effective 1975
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
Held unconstitutional by state Supreme Court 1980. Commonwealth
F 11-10-1, Crime Against Nature, 7-20 years. Includes "ordinary
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
M 39-13-510, Homosexual Acts, 30 days/$50, same sex only
Found unconstitutional by state Court of Appeals, England v.
Dallas, no appeal taken. Effective 1994 with the dismissal of
Morales v. State.
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
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
D.C. Repealed effective 1993
AMERICAN SAMOA Repealed effective ?
GUAM Repealed effective ?
N. MARIANA IS. Repealed effective ?
VIRGIN ISLANDS Repealed effective ?
Criminal, penalties unknown.
DC Sodomy-Law reform coalition.
By: David Worrell
Re: Age of consent
The last part of the sodomy text file contained ages of consent for the
various states. Most of them were what you'd expect, but there was one
that caught my eye...
** begin quoted text **
 If the female is over 12, the statute applies only to virgins.
** end quoted text **
I guess non-virgins aren't quite as important as virgins...
If anybody wants the entire file (no, I don't want to know *why* you want
it), let me know.
... I take my pet Lion to church every Sunday. He has to eat!