What States Is Oral Sex Illegal?

Oral Sex

Despite a Supreme Court decision in 2003 that struck down most sodomy laws, many states still have anti-sodomy statutes on the books.

As a result, it’s not uncommon for people to face criminal charges if they break these laws in state. Whether you’re out in public or just enjoying a private moment, it’s important to know what the law says about oral sex.


A recent Alabama appeals court ruling has overturned part of the state’s sodomy law, which prosecutors used to convict a Dallas County man for a homosexual encounter. Civil rights organizations are now praising the decision as a victory for LGBT rights in the state.

Sodomy is an ancient sex crime that is based on the Book of Genesis, which tells the story of Sodom and Gomorrah. In biblical times, intercourse was strictly prohibited, and same-sex relationships were outlawed.

After the United States Supreme Court ruled that same-sex relationships were not illegal, most states changed their definition of sodomy. This was done to protect a person’s right of privacy and freedom of choice.


Arizona is one of the states where oral sex is illegal. This is because the state’s age of consent law requires that individuals be 18 years old to consent to sexual intercourse.

In addition, Arizona prosecutors prosecute sex crimes very aggressively. This is especially true when the sex is with a minor.

Therefore, if you’ve been charged with sex with a minor, it’s important to contact an experienced Phoenix sex crimes attorney immediately.

Fortunately, in 24 states, including Arizona, there is an exception to the sex laws known as the “Romeo and Juliet” defense. The Romeo and Juliet defense, named after the William Shakespeare play that inspired it, allows for consensual sex between young people who are close in age.


In 1842 Florida became a territory of the United States, making oral sex illegal. It was a crime against the state and punishable by up to 20 years in prison.

In the 1920s, Florida expanded its coverage to include consensual sodomy, making it illegal to engage in such acts. It also prohibited soliciting such acts.

This law was later changed to make it a felony offense, which could lead to up to 20 years in prison. This is a shame as it continues to reflect outdated ideas about sexual norms in the 21st century.


Idaho has a long history of criminalizing anal and oral sex since even before the state was founded. The law gained notoriety during the “Boys of Boise” scandal in the 1950s, when investigators relied on it to prosecute consenting adults for sexual activity involving children.

But now, the ACLU of Idaho is suing Idaho over the law in federal court, saying it violates the civil rights of people. Specifically, the suit focuses on an individual who is being forced to register as a sex offender because of an out-of-state conviction.

The case was filed by the ACLU of Idaho and the Law Office of Matthew Strugar. It also includes a number of other organizations and individuals. The lawsuit alleges that the man, whose name is Doe, was recently told to register because of an out-of-state crime against nature conviction that happened before the U.S. Supreme Court’s 2003 ruling that such laws are unconstitutional.


Kansas is one of 14 states where oral sex is illegal. The law carries a severity level of three personal felony.

The Kansas legislature hasn’t passed a bill to change the sodomy law since 2003, despite calls from lawmakers and former Governor Sam Brownback to do so. That’s a big problem because it sends a message to gay Kansans that they aren’t welcome in the state.

Limon argues that the statute impermissibly discriminates against heterosexual sodomy and violates his equal protection rights. He is correct that the statute penalizes heterosexual sodomy less severely than homosexual sodomy. But he is wrong that the classification limiting the statute’s application to “members of the opposite sex” violates equal protection. This classification rationally relates to the State’s legitimate interest in public health. This classification is a necessary means to avoid unintended and unwanted pregnancies.


Louisiana has a 195-year-old sodomy law that makes oral and anal sex between consenting adults felonies. Its “crime against nature” statute is one of 14 states that still have anti-sodomy laws on the books, 10 years after the U.S. Supreme Court ruled that such laws violated the privacy rights of people engaged in private, noncommercial sexual activity between consenting adults.

Despite that ruling, some local police have used anti-sodomy law to target gay men. For instance, a sheriff in Baton Rouge has used the law to arrest gay men who agreed to have sex in public parks and homes.

A dozen states have anti-sodomy laws, but only Montana and Virginia repealed theirs since the Supreme Court decision. That leaves Louisiana with a controversial, unenforceable law that gay rights groups say police have used to target their members and the poor.


Massachusetts law makes it illegal to engage in sexual intercourse with anyone under 16. Even if you were aware of the age limit and consented, you can still be charged with child rape.

Under the Statutory Rape statute, there is no requirement for actual physical force or threat of bodily harm. The crime of rape is complete upon penetration, no matter how slight or short.

A person charged with statutory rape must register as a sex offender. This means they must avoid being around minors or staying in close proximity to those younger than 16 years old.


Minnesota has a sodomy law that prohibits oral and anal sex between consenting adults. This law has been used disproportionately against gay and lesbian people as an excuse for discrimination, according to the ACLU.

In addition, it has been a driving force in denying LGBT people employment opportunities and child custody. It also has been used to prevent marriage between two people of the same sexual orientation.

A recent decision by a Minnesota court has effectively struck down the sodomy law in the state, according to the ACLU. The ruling in Doe v. Ventura could stop the law from being enforced or invoked anywhere in Minnesota.


Mississippi’s anti-sodomy law is based on an older law called “Crime Against Nature.”

In 1942, the Mississippi Attorney General replaced just a few words in the law with what was now known as “Unnatural Intercourse.” The change was made without state legislative approval.

That changed the meaning of sodomy and made it illegal to engage in oral sex outside of marriage.

The law also makes it illegal to force a person into an act of sexual intercourse that they don’t want.

Five people filed a federal lawsuit against Mississippi’s sodomy law last week, claiming that the 2003 Supreme Court decision in Lawrence v. Texas made it unconstitutional. They contend that their inclusion on the Mississippi Sex Offender Registry violates their rights under the 14th Amendment.


Oklahoma is one of 14 states still with sex laws that outlaw oral intercourse. Most anti-sodomy laws have been ruled unconstitutional since they targeted same-sex relationships, but some remain on the books because of Lawrence v. Texas, a 2003 Supreme Court case.

Oklahoma’s forcible sodomy law, like its rape statutes, includes acts perpetrated through force or violence and with someone legally unable to provide consent. However, the courts have recently ruled that victims who are unconscious due to their own alcohol consumption do not fall under this law’s definition.

This is a good example of how state laws can be interpreted differently based on evolving notions around consent and sexual agency. According to prosecutors and legal experts, the ruling is an important step toward protecting people from abuse and preventing this kind of crime from going unpunished.

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