Legal Definitions - Sodomy

Sodomy refers to specific sexual acts, traditionally defined in legal contexts as anal or oral intercourse. Historically, these acts were often criminalized under laws that referred to them as "crimes against nature." While common law initially focused on anal sex, the term's scope in the United States expanded to include oral sex.

Until 2003, many U.S. states had laws prohibiting sodomy. However, the U.S. Supreme Court's landmark decision in Lawrence v. Texas declared such laws unconstitutional, effectively invalidating them nationwide. Therefore, sodomy is no longer a crime in any U.S. jurisdiction.

Here are some examples illustrating the historical application of the term:

• Example 1: Historical State Statute

  Imagine a state's criminal code from the 1980s that included a section titled "Crimes Against Public Morals." Within this section, a specific statute might have read: "Any person who engages in the act of sodomy shall be guilty of a Class B misdemeanor."

  How it illustrates the term: This example shows how the term "sodomy" was formally codified into law by state legislatures, making certain sexual acts illegal and subject to criminal penalties before such laws were deemed unconstitutional.

• Example 2: Past Enforcement Action

  In the late 1990s, in a state where sodomy laws were still active, two consenting adults were arrested in their home after a neighbor reported suspicious activity. The police report and subsequent charges cited "sodomy" as the offense, based on the specific sexual acts they were alleged to have engaged in.

  How it illustrates the term: This demonstrates the practical, albeit now historical, application of sodomy laws, where individuals could be charged with a crime based on engaging in acts defined as sodomy, highlighting the legal risk associated with the term prior to its unconstitutionality.

• Example 3: Legal Challenge Prior to 2003

  Before the Lawrence v. Texas ruling, civil rights organizations frequently filed lawsuits challenging the constitutionality of state laws that criminalized sodomy. For instance, a lawsuit might have argued that a state's "anti-sodomy statute" violated citizens' fundamental rights to privacy and equal protection under the law.

  How it illustrates the term: This example shows how the term "sodomy" was central to legal battles over personal liberty and privacy, with advocates challenging the validity of laws that criminalized private, consensual sexual acts defined by this term, ultimately leading to their nationwide invalidation.