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'Crime' and Punishment in America
State-by-State Breakdown of Sodomy Laws
Legislative Repeal (26 + District of Columbia)
Sodomy laws that have been repealed through legislative action
Alaska (1980)
Arizona (2001)
California (1976)
Colorado (1972)
Connecticut (1971)
Delaware (1973)
District of Columbia (1993)
Hawaii (1973)
Illinois (1962)
Indiana (1977)
Iowa (1978)
Maine (1976)
Nebraska (1978)
Nevada (1993)
New Hampshire (1975)
New Jersey (1979)
New Mexico (1975)
North Dakota (1973)
Ohio (1974)
Oregon (1972)
Rhode Island (1998)
South Dakota (1977)
Vermont (1977)
Washington (1976)
West Virginia (1976)
Wisconsin (1983)
Wyoming (1977)
Invalidated by Courts (9)
States whose sodomy laws were struck down by courts
Arkansas (1)
(2001)
Georgia
Powell v. State, 510 S.E.2d 18 (1998)
Kentucky
Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992)
Maryland (2)
Williams v, State, 1998 Extra LEXIS 260, Baltimore City Circuit Court, January 14, 1999
Minnesota
(2001)
Montana
Gryczan v. Montana, 942 P.2d 112 (1997)
New York
People v. Onofre, 415 N.E.2d 936 (N.Y. 1980)
Pennsylvania
Commonwealth v. Bonadio, 415 A.2d 47 (Pa. 1980)
(The state legislature later repealed the law in 1995.)
Tennessee
Campbell v. Sundquist, 926 S.W.2d 250 (1996)
Existing Same-Sex Laws (4) and Their Penalties
States with sodomy laws that target only same-sex acts
Kansas (6 months/$1,000)
Missouri (1 year/$1,000)
Oklahoma (10 years)
Texas ($500)*
Existing Same-Sex and Opposite-Sex Laws (9 + Puerto Rico) and Their Penalties
States with laws prohibiting sodomy between both same-sex and opposite-sex partners
Alabama (1 year/$2,000)
Florida (60 days/$500)
Idaho (5 years to life)
Louisiana (5 years/$2,000)*
Mississippi (10 years)
North Carolina (10 years/discretionary fine)
Puerto Rico (10 years)*
South Carolina (5 years/$500)
Utah (6 months/$1,000)
Virginia (1-5 years)*
Existing Laws -- Status Unclear (3) and Their Penalties
Massachusetts (20 years) (3) *
Michigan (15 years) (4)
Missouri (same-sex only) (1 year/$1,000) (5)
* Court challenge pending
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1. Lower court struck down the sodomy statute as a violation of the state Constitution. The case is now on appeal.
2. In January 1999, the Baltimore City Circuit Court entered a final judgment prohibiting the state from enforcing either of the state's two laws regulating private sex acts. Because the state conducts all criminal prosecutions in Maryland, both laws are now invalid and unenforceable.
3. State Supreme Court suggested in a decision about another law that the statute is no longer valid. A challenge to the law is now pending.
4. Statute struck down by a judge in Wayne County (Detroit area). Because case was brought on behalf of select individuals and not all residents and the decision was not appealed, current status of the law is in doubt.
5. In a case involving a single individual, the State Court of Appeals ruled that the law does not apply to consensual conduct, as a matter of interpretation.
http://archive.aclu.org/issues/gay/sodomy.html
State-by-State Breakdown of Sodomy Laws
Legislative Repeal (26 + District of Columbia)
Sodomy laws that have been repealed through legislative action
Alaska (1980)
Arizona (2001)
California (1976)
Colorado (1972)
Connecticut (1971)
Delaware (1973)
District of Columbia (1993)
Hawaii (1973)
Illinois (1962)
Indiana (1977)
Iowa (1978)
Maine (1976)
Nebraska (1978)
Nevada (1993)
New Hampshire (1975)
New Jersey (1979)
New Mexico (1975)
North Dakota (1973)
Ohio (1974)
Oregon (1972)
Rhode Island (1998)
South Dakota (1977)
Vermont (1977)
Washington (1976)
West Virginia (1976)
Wisconsin (1983)
Wyoming (1977)
Invalidated by Courts (9)
States whose sodomy laws were struck down by courts
Arkansas (1)
(2001)
Georgia
Powell v. State, 510 S.E.2d 18 (1998)
Kentucky
Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992)
Maryland (2)
Williams v, State, 1998 Extra LEXIS 260, Baltimore City Circuit Court, January 14, 1999
Minnesota
(2001)
Montana
Gryczan v. Montana, 942 P.2d 112 (1997)
New York
People v. Onofre, 415 N.E.2d 936 (N.Y. 1980)
Pennsylvania
Commonwealth v. Bonadio, 415 A.2d 47 (Pa. 1980)
(The state legislature later repealed the law in 1995.)
Tennessee
Campbell v. Sundquist, 926 S.W.2d 250 (1996)
Existing Same-Sex Laws (4) and Their Penalties
States with sodomy laws that target only same-sex acts
Kansas (6 months/$1,000)
Missouri (1 year/$1,000)
Oklahoma (10 years)
Texas ($500)*
Existing Same-Sex and Opposite-Sex Laws (9 + Puerto Rico) and Their Penalties
States with laws prohibiting sodomy between both same-sex and opposite-sex partners
Alabama (1 year/$2,000)
Florida (60 days/$500)
Idaho (5 years to life)
Louisiana (5 years/$2,000)*
Mississippi (10 years)
North Carolina (10 years/discretionary fine)
Puerto Rico (10 years)*
South Carolina (5 years/$500)
Utah (6 months/$1,000)
Virginia (1-5 years)*
Existing Laws -- Status Unclear (3) and Their Penalties
Massachusetts (20 years) (3) *
Michigan (15 years) (4)
Missouri (same-sex only) (1 year/$1,000) (5)
* Court challenge pending
--------------------------------------------------------------------------------
1. Lower court struck down the sodomy statute as a violation of the state Constitution. The case is now on appeal.
2. In January 1999, the Baltimore City Circuit Court entered a final judgment prohibiting the state from enforcing either of the state's two laws regulating private sex acts. Because the state conducts all criminal prosecutions in Maryland, both laws are now invalid and unenforceable.
3. State Supreme Court suggested in a decision about another law that the statute is no longer valid. A challenge to the law is now pending.
4. Statute struck down by a judge in Wayne County (Detroit area). Because case was brought on behalf of select individuals and not all residents and the decision was not appealed, current status of the law is in doubt.
5. In a case involving a single individual, the State Court of Appeals ruled that the law does not apply to consensual conduct, as a matter of interpretation.
http://archive.aclu.org/issues/gay/sodomy.html