What consenting adults do in their private lives is not the government’s business. However, anti-sodomy laws remain on the books in some states and can carry serious legal consequences.
Oral sex is considered a form of sexual assault or rape, which can result in fines or imprisonment. It’s important for individuals to familiarize themselves with their state laws on this subject.
Louisiana
In Louisiana, it’s illegal to engage in oral and anal sex. The state’s criminal laws make this sexual activity a “crime against nature,” which could mean up to five years in prison. Those who commit this crime face felony charges and may have their names listed as sex offenders on driver’s licenses. In addition, sex offenders must also attend sex education classes.
The law has been on the books since 1805. Despite the fact that the Supreme Court ruled 10 years ago that states cannot criminalize consensual private sexual acts, it remains in place. It has become a target of gay rights groups who say that police officers use it to harass homosexuals.
Earlier this year, the Bayou State House of Representatives voted 66-27 to reject a bill that would repeal the law. Some lawmakers argued that the old legislation was sexist, racist and possibly homophobic, because most of those convicted were women and blacks.
In addition to limiting the rights of gay and lesbian people, the law violates their privacy. It can leave a permanent mark on their record, which can impact their employment and immigration opportunities. Those who are charged with this crime should hire a criminal defense attorney who can fight to protect their rights and freedom. Contact FindLaw’s Sex Crimes section for more information.
Michigan
It’s well-known that rape and sexual assault are illegal in Michigan, but it might not be as obvious that some consensual sex acts can also be banned by state law. This is especially true when it comes to oral sex, which has been banned in some states. It’s important to understand what laws are in place regarding oral sex, and debunking myths and misconceptions can help promote greater sexual freedom.
When a blogger in Texas distorted the details of Michigan Senate Bill 219 to make it sound like lawmakers were reaffirming an unenforceable ban on anal sex, the Internet took notice. This resulted in a flurry of Facebook shares, tweets and aggregations that were largely inaccurate and misinterpreted the meaning of the bill.
The truth is that the bill (officially called Logan’s Law after a Siberian husky) was created to crack down on animal cruelty, and it contains language that makes it a crime to engage in bestiality with an animal. This is not a new part of the bill, however; it’s been in the state penal code since 1931.
The senate’s decision to pass the bill with this language is in direct conflict with the Supreme Court’s 2003 ruling in Lawrence v. Texas, which struck down nationwide anti-sodomy laws as unconstitutional. It’s also inconsistent with the fact that federal law already trumps state laws, including those banning anal sex.
Mississippi
While there are states where oral sex is illegal, it is also important to remember that these laws do not apply to all people. Many of these laws are based on outdated beliefs about sexual behavior and can be stigmatizing for individuals who engage in this activity. In addition, the portrayal of oral sex in popular media can also contribute to the idea that it is a taboo activity.
A federal lawsuit has been filed to challenge Mississippi’s sodomy law, which requires people convicted of oral and anal sex to register as sex offenders. The lawsuit, filed under pseudonyms, claims that the state’s law is unconstitutional and violates the First Amendment. It also alleges that the requirement to register as a sex offender has harmed people’s lives and careers.
The lawsuit was filed on behalf of five people from Mississippi, who are named only as Arthur Doe, Brenda Doe, Carol Doe, Diana Doe, and Elizabeth Doe. They all have convictions under Mississippi’s sodomy statute, which was previously known as the “crime against nature with mankind” law. The plaintiffs allege that they were convicted of this offense between 1969 and 1979.
A state representative has introduced a bill to repeal the anti-sodomy law, but it has failed to gain traction in the legislature. According to an attorney who worked on the case, there are currently 14 people in the state who are solely convicted of this crime and need to register as sex offenders.
New York
Unlike some states that repealed their sodomy laws after the Lawrence decision, New York retained the law. It defines first-degree sodomy as the “sexual penetration of a woman or girl without consent” and second-degree sodomy as any act per os or per anum not amounting to the crime of first degree.
A conviction for sodomy can lead to a felony charge. In addition to the potential of years in prison, a convicted offender must register as a sexual offender for life. New York law defines anal penetration as a felony because of the risks that can come with it, such as infection or disease. The law also provides that anyone under the age of 17 cannot consent to any sexual activity.
New York’s anti-sodomy law is among the oldest in the country. In fact, it was among the first to be enacted in America. Like most anti-sodomy laws, it has biblical roots in the story of Sodom and Gomorrah. But despite the biblical origins of sodomy laws, many people are still shocked to learn that oral and anal sex is illegal in some states.
A number of states have enacted anti-sodomy laws and are likely to keep them on the books even after Lawrence is overturned. Florida’s ban on unnatural and lascivious acts, for example, includes oral sex and makes nonreproductive sex a misdemeanor. The state’s law is so outdated and likely unconstitutional that lawmakers are pushing to repeal it.
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