Is Sodomy Illegal? Sodomy Laws by State and Federal Rulings

No, sodomy between consenting adults isn’t illegal in the United States. The Supreme Court’s 2003 decision in Lawrence v. Texas struck down state sodomy laws as unconstitutional violations of due process. However, you should know that 14 states still retain these unenforceable statutes, and arrests occasionally occur when officers attempt to enforce them anyway. Courts must dismiss such charges under Lawrence, but the legal landscape across individual states reveals surprising complexities worth exploring.

Is Sodomy Illegal in the United States Right Now?

You’re protected only when acts occur privately, consensually, and between adults. Public conduct, non-consensual acts, and acts involving minors remain subject to prosecution under separate criminal statutes. Lawrence v. Texas invalidated state sodomy laws in 2003, establishing the constitutional protection that exists today. This landmark Supreme Court decision struck down the Texas anti-sodomy statute and set a federal precedent that rendered similar laws unenforceable across all 50 states. Despite this ruling, discriminatory laws remain on the books in many states and are sometimes still enforced by police, disproportionately impacting LGBT populations.

14 States That Still Have Sodomy Laws on the Books

You’ll find significant variation among states with sodomy laws. Texas and Kansas explicitly target same-sex conduct, while North Carolina classifies sodomy as a “crime against nature” felony. Mississippi and Oklahoma prescribe penalties up to 10 and 20 years respectively, though prosecutors can’t pursue these charges.

The retention of these statutes reflects legislative inaction rather than legal validity. Repealing defunct laws requires separate legislative action, which many state legislatures haven’t prioritized despite the statutes’ unconstitutionality. Thirteen U.S. states still maintain these unenforceable sodomy laws on their books. The Supreme Court’s decision in Lawrence v. Texas rendered similar laws in 12 other states invalid, establishing that the Constitution protects the right of gay people to form intimate relationships.

3 States With Sodomy Laws Targeting Same-Sex Couples

Several states singled out same-sex couples through sodomy statutes that criminalized conduct only when performed between persons of the same sex. These targeted laws raised distinct constitutional law concerns that the U.S. Supreme Court ultimately addressed in Lawrence v. Texas.

States with exclusively same-sex sodomy statutes:

1. Texas, Retained its homosexual conduct law; state legislatures considered decriminalization as recently as March 2023
2. Kansas, Criminalized homosexual conduct through specific statutory language, as demonstrated in the Matthew Limon case where a teenager received a 17-year sentence for consensual oral sex with another male while an opposite-sex act would have resulted in only 15 months
3. Missouri, Prohibited sex acts only between same-sex partners; the ACLU represented men charged under this law after an adult bookstore raid
4. Oklahoma, Applied its sodomy law exclusively to gay individuals

While sodomy laws Georgia and other sodomy illegal states maintained applied broadly, these four jurisdictions explicitly discriminated. Today, consensual sodomy legal protections under US sodomy laws stem from Lawrence, rendering enforcement impossible regardless of whether is sodomy illegal under state sodomy law USA provisions.

What Counts as Sodomy Under State Criminal Codes?

When you examine state criminal codes, you’ll find that sodomy definitions typically encompass both oral and anal sex, though the specific statutory language differs extensively across jurisdictions. California’s code, for instance, defines sodomy specifically as anal penetration while addressing oral copulation under separate provisions, whereas other states combine both acts under a single sodomy statute. The legal definition is gender-neutral and applies regardless of the sex of the individuals involved. Importantly, sodomy between consenting adults is not a crime, as the Supreme Court ruled that systematic criminalization of sodomy is unconstitutional. However, sodomy remains illegal when committed against a victim’s will, with minors, or with individuals who are unconscious, intoxicated, or mentally or physically disabled. You should also note that many state codes historically linked sodomy laws with bestiality prohibitions, often grouping these offenses together under broader “crimes against nature” statutes that some jurisdictions still maintain.

Oral and Anal Sex

State criminal codes define sodomy with varying degrees of specificity, though most statutes share common elements rooted in historical “crimes against nature” prohibitions. When examining whether sodomy legal by state applies to you, you’ll find California’s Penal Code § 286 provides a representative framework.

California defines sodomy as contact between one person’s penis and another’s anus, with any penetration, however slight, sufficient for prosecution. The definition remains gender-neutral.

Key statutory elements typically include:

1. Anal intercourse between persons regardless of sex
2. Oral copulation in certain historical statutes
3. Penetration as the threshold act, not completion
4. Consent, age, and circumstances determining criminality

You should note that consensual adult sodomy isn’t criminal post-Lawrence v. Texas, but non-consensual acts, those involving minors, or institutional settings trigger felony charges. Despite the 2003 Supreme Court ruling, 13 states continue to have sodomy laws still on their books that remain technically unenforceable. Sodomy was considered illegal for everyone in the U.S. as recently as 1960 before states began repealing these laws. Globally, the landscape differs dramatically, as 63 countries and 3 sub-national jurisdictions still criminalize same-sex sexual activity as of 2025.

State Definition Variations

Criminal codes across jurisdictions reveal substantial variation in how states define and categorize sodomy offenses, with distinctions hinging on age thresholds, consent requirements, and victim capacity. When examining where is sodomy illegal, you’ll find Alabama classifies first-degree sodomy as a Class A felony when someone 16 or older engages with a child 12 or younger. Oregon similarly designates acts involving victims under 12 as Class A felonies.

Consent provisions differ markedly between states. Georgia’s aggravated sodomy statute requires proof of force or non-consent, carrying potential life imprisonment. Florida separates consensual acts as second-degree misdemeanors from forced acts involving minors as second-degree felonies. Virginia’s forcible sodomy law applies regardless of marital status, encompassing acts accomplished through force, threat, intimidation, or when victims lack mental capacity to consent. Virginia’s definition specifically includes cunnilingus, fellatio, anilingus, and anal intercourse as covered acts. Georgia law also provides that if the victim is between 13 and 16 years old and the perpetrator is 18 or younger with no more than a four-year age difference, the offense is classified as a misdemeanor rather than a felony.

Bestiality Law Connections

Bestiality provisions intersect with sodomy statutes in many state criminal codes, reflecting historical classifications that grouped various sexual offenses under “crimes against nature” or “unnatural carnal copulation.” Federal law addresses bestiality narrowly through 10 U.S.C.A. § 925, which prohibits unnatural carnal copulation with an animal but applies exclusively to military personnel subject to court-martial jurisdiction.

State codes vary greatly in their treatment of these offenses:

1. North Carolina classifies “crime against nature” with a beast as a Class I felony, conflating animal and human conduct provisions
2. Maryland categorizes bestiality as an “unnatural or perverted sexual practice”
3. Twenty-three states classify bestiality as a misdemeanor while twenty-five impose felony penalties
4. Wisconsin criminalizes promotion of bestiality even without direct sexual contact

You’ll find some jurisdictions prosecute under animal cruelty statutes when injury occurs. States like California and Oregon have moved beyond traditional classifications by labeling the conduct as sexual assault of an animal, reflecting the view that animals cannot consent to such acts.

Sodomy Law Penalties: Fines to 20 Years in Prison

When examining sodomy law penalties across jurisdictions, you’ll find sentences ranging from minor fines to two decades of imprisonment depending on the specific circumstances surrounding each offense.

Misdemeanor sodomy involving victims aged 16 or 17 carries up to one year in county jail and $1,000 in fines. Felony charges escalate dramatically based on victim age and force used. Sodomy against minors under 14 triggers sentences up to eight years, while forced sodomy against this age group yields 9 to 13 years imprisonment.

You’ll face collateral consequences beyond incarceration. Mandatory sex offender registration applies to all convictions. Felony convictions permanently eliminate gun ownership rights. California classifies these offenses as “three strikes” crimes, enabling enhanced sentencing for repeat offenders. Non-citizens face deportation following sentence completion due to moral turpitude classification.

Can You Be Arrested Under Unconstitutional Sodomy Laws?

Even after Lawrence v. Texas struck down sodomy laws as unconstitutional, you could still face arrest if officers choose to enforce statutes that remain on the books in 17 states. Louisiana, Virginia, North Carolina, and Michigan all conducted post-2003 operations targeting individuals for conduct the Supreme Court explicitly protected, demonstrating that unconstitutionality doesn’t automatically prevent law enforcement action. You’ll need to understand both the realities of these continued arrests and the legal remedies available to challenge them.

Post-Lawrence Arrest Realities

1. Police cannot arrest you for private consensual sexual acts between adults
2. States cannot criminalize conduct based solely on sexual orientation
3. Courts must dismiss charges brought under invalidated sodomy statutes
4. You’re protected regardless of marital status under the Due Process Clause

If officers arrest you under an unconstitutional sodomy law today, you’ve grounds for dismissal and potential civil rights claims. The decision overruled Bowers v. Hardwick, ending enforcement of bedroom-focused sodomy prosecutions nationwide.

Enforcement Despite Unconstitutionality

Enforcement Mechanism	Application	Risk to You
Plea bargaining	Prosecutors leverage sodomy charges to secure guilty pleas	Coerced admissions
Secondary charges	Added to assault or public conduct offenses	Enhanced penalties
Selective targeting	Police entrapment in known gathering areas	Arrest despite consent

You’re particularly vulnerable if prosecutors can’t prove lack of consent in assault cases, they’ll pursue sodomy charges instead since consent isn’t an element of that offense.

Your Legal Protection Options

Understanding how prosecutors exploit these enforcement mechanisms naturally raises a critical question: what legal tools can you use to protect yourself?

If you’re charged under an unrepealed sodomy statute for private, consensual adult conduct, you have strong constitutional defenses:

1. File a motion to dismiss citing Lawrence v. Texas as controlling precedent that renders the charge unconstitutional.
2. Assert Fourteenth Amendment due process rights protecting your liberty interest in private sexual conduct.
3. Invoke constitutional privacy protections established through the penumbras doctrine and reinforced by Lawrence.
4. Challenge under your state constitution if it provides broader privacy protections than federal law.

Courts must dismiss prosecutions that violate Lawrence. You shouldn’t plead to charges that can’t survive constitutional scrutiny. The precedent protects you, use it.

How Lawrence V. Texas Made Sodomy Laws Unenforceable

How did a single Supreme Court decision effectively nullify sodomy statutes across the entire United States?

In Lawrence v. Texas (2003), the Supreme Court ruled 6-3 that Texas’s sodomy law violated the Due Process Clause. You should understand that this decision explicitly overruled Bowers v. Hardwick (1986), which had previously upheld Georgia’s sodomy statute.

The Court rejected framing the issue narrowly as a “right to homosexual sodomy.” Instead, Justice Kennedy’s majority opinion recognized your broader liberty interest in private, consensual intimate conduct. The ruling invalidated similar laws in thirteen states immediately.

O’Connor’s concurrence offered alternative Equal Protection grounds, finding the statute discriminated against homosexuals as a class. States can’t criminalize your private consensual adult sexual activity, though they retain authority over non-consensual acts, conduct involving minors, and public behavior.

Why These Zombie Sodomy Laws Haven’t Been Repealed

1. No sunset provisions exist in historical legislation, allowing indefinite statutory persistence despite judicial invalidation
2. Political priorities in state legislatures haven’t treated sodomy law repeal as urgent business
3. Religious liberty arguments from conservative groups actively oppose repeal efforts in certain jurisdictions
4. Legislative inertia means all-encompassing review mechanisms haven’t been systematized to identify archaic provisions

Virginia’s eleven-year gap between Lawrence (2003) and formal repeal (2014) demonstrates this pattern. You’re left with statutes that can’t be enforced but remain technically codified, creating legal uncertainty.

Frequently Asked Questions

Can Sodomy Laws Affect Child Custody or Adoption Decisions in Some States?

Yes, sodomy laws have historically affected your custody and adoption rights. Courts used these statutes to deny LGBTQ+ parents custody, citing “social condemnation” as in Bottoms v. Bottoms (1995). Virginia blocked interstate adoptions from gay applicants until 2002, rejecting qualified parents like Linda Kaufman despite positive evaluations. Mississippi’s Weigand v. Houghton (1999) denied custody based on potential same-sex relationships. While Lawrence v. Texas (2003) invalidated enforcement, you’ll find residual statutory language persists in some jurisdictions.

Do Military Members Face Different Sodomy Regulations Than Civilians?

Yes, you face stricter sodomy regulations as a military member than civilians do. While Lawrence v. Texas protects civilians from prosecution for private consensual acts, Article 125 of the UCMJ still applies to you. Under the Marcum test established in 2004, military courts evaluate whether your conduct falls within Lawrence protections or involves military-specific factors like chain-of-command relationships that justify prosecution for maintaining discipline and order.

Can Past Sodomy Convictions Be Expunged After Lawrence V. Texas?

You may pursue expungement or vacatur for consensual adult sodomy convictions post-Lawrence, as many states now offer relief provisions for invalidated offenses. You’ll need to petition your state court, demonstrating the conviction involved consensual private conduct between adults. However, you can’t expunge convictions involving minors or non-consensual acts, these remain ineligible nationwide regardless of Lawrence’s impact. Each state maintains distinct procedural requirements, so you should consult jurisdiction-specific statutes governing post-conviction relief.

How Do Sodomy Laws Interact With Sex Offender Registry Requirements?

You’ll find that pre-2003 sodomy convictions can trigger lifetime sex offender registry requirements, even though Lawrence v. Texas invalidated the underlying laws. States like South Carolina required biannual registration for life under these statutes. You can seek removal through mechanisms like Act 4075, but you’ll need ten years of substantial compliance and $250 in fees. Prosecuting agencies can still object, blocking your delisting despite the constitutional shift.

Do Sodomy Laws Apply to Married Couples in States Where They Exist?

You’re protected regardless of marital status. Lawrence v. Texas eliminated states’ authority to enforce sodomy laws against consenting adults in private settings, and this precedent doesn’t distinguish between married and unmarried couples. While some states retain these statutes on their books, they can’t prosecute you for private consensual conduct with your spouse. The ruling’s due process foundation shields all adult couples equally, rendering marital status legally irrelevant to enforcement.