Q1: Is sodomy illegal anywhere in the United States today?
A1: Consensual sodomy between adults in private is not illegal anywhere in the United States. The Supreme Court's 2003 Lawrence v. Texas decision invalidated all state laws criminalizing consensual adult sexual behavior. However, non-consensual oral or anal penetration remains illegal nationwide as felony sexual assault.
Q2: Why do prosecutors still use the word sodomy on charging documents?
A2: Several state penal codes, such as those in Georgia, North Carolina, and specific military justice frameworks, have retained the formal statutory word "sodomy" to define specific physical mechanisms of penetration. In these jurisdictions, the charge always targets non-consensual, forcible, or underage sexual acts.
Q3: What distinguishes regular sexual assault from aggravated sodomy?
A3: Aggravated sodomy requires specific physical acts (oral or anal penetration) combined with aggravating elements such as physical violence, the use of a deadly weapon, severe physical injury, or a victim who is legally incapable of consent due to age or incapacitation.
Q4: Does the military still criminalize consensual sodomy?
A4: No. Article 125 of the Uniform Code of Military Justice (UCMJ) was formally amended by the National Defense Authorization Act for Fiscal Year 2014, stripping away penalties for consensual acts and restricting the article strictly to forcible, non-consensual conduct.
