5 to life

CobraBoy (tbyars@earthlink.net)
Thu, 4 Jun 1998 08:59:16 -0700


UNITED STATES LEGAL ISSUES REGARDING SEX

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ALASKA Repealed effective 1980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CALIFORNIA Repealed effective 1976

COLORADO Repealed effective 1972

CONNECTICUT Repealed effective 1971

DELAWARE Repealed effective 1973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HAWAII Repealed effective 1973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ILLINOIS Repealed effective 1962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INDIANA Repealed effective 1977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IOWA Repealed effective 1978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MAINE Repealed effective 1976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.......12
Florida........18
Georgia........14
Hawaii.........16
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.

Contributed by:
Bill Casti <quire@vector.casti.com>

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I wasn't born with enough middle fingers: ...Marilyn Manson

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