Date: Wed, 09 Feb 94 20:55:37 EDT From: Bob Summersgill Subject: Sodomy Best Information 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 ALASKA - Repealed effective 1980 ARIZONA M 13-1411, Crime Against Nature, 30 days/$500 M 13-1412, Lewd and Lascivious Acts, 30 days/$500 Crime Against Nature is anal sex only. 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 CALIFORNIA - Repealed effective 1976 COLORADO - Repealed effective 1972 CONNECTICUT - Repealed effective 1971 DELAWARE - Repealed effective 1973 FLORIDA M 800.02, Unnatural and Lascivious Act, 60 days/$500 A similarly worded felony law was struck down in 1974 as "unconstitutioinally vague" since it did not define what acts are prohibited. This law has not been used by the police, and no test case has been found to provide a judicial challenge. Reform of entire Criminal Code pending. 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 M 16-6-15, Solicitation of Sodomy, 1 year/$1000 HAWAII - Repealed effective 1973 IDAHO F 18-6605, Crime Against Nature, 5 years to life ILLINOIS - Repealed effective 1962 First state to repeal sodomy laws, in 1961. INDIANA - Repealed effective 1977 Earlier effort to repeal said legalization might "give us an opportunity to study it more openly, and to see what causes it, in the hope that we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 IOWA - Repealed effective 1978 KANSAS M 21-3505, Sodomy, 6 months/$1000, same sex only KENTUCKY - Held unconstitutional by state Supreme Court 1992 Commonwealth v. Wasson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 MAINE - Repealed effective 1976 MARYLAND F 27-553, Sodomy, 10 years F 27-554, Unnatural or Perverted Sexual Practices, 10 years/$1000 Found not to apply to noncommercial,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 Legal challenge under way. 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 (M) 21.06, Homosexual Conduct, $200, 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. State Attorney General declared law still valid. Repeal legislation is pending. 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 Reform legislation is pending. 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, member of the DC Sodomy-Law reform coalition. Please send any updates to: XE605C@GWUVM.GWU.EDU Sources: 1991 Alyson Almanac (Alyson Publishing, Boston), The Rights of Lesbian and Gay Men (ACLU, 1992), George Painter (Sodomy law historian), Mike Miller, and various news reports. - Bob Summersgill | Xq28 -- Thanks Mom! XE605C @ GWUVM.GWU.EDU |