Last edited: January 01, 2005



  • Statute: 18-6605, Crime Against Nature. Unconstitutional under Lawrence v. Texas
  • Penalty: 5 years to life
  • Classification: Felony
  • Restrictions: None


18-6605. Crime Against Nature -- Punishment

Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five (5) years.

18-6606. Crime Against Nature -- Penetration

Any sexual penetration, however slight, is sufficient to complete the crime against nature.


Idaho was the third state to repeal. Immediately following the repeal, which was included in a general modernization of their criminal code, the Advocate, then a newspaper ran a huge headline celebratorily announcing the repeal. This came to the attention of some Idaho State legislators, who called an emergency session of the legislature, into which they marched waving copies of the Advocate. The legislature repealed the entire just-enacted modernized criminal code, in toto.
Frank Kameny   The Advocate article is in the news section. -Bob

            1913     The Idaho Supreme Court rules that the state’s sodomy law that sets a minimum, but no maximum penalty, permits a sentence of life imprisonment. This decision is reaffirmed in 1992 by an appellate court that finds the possibility of life imprisonment for private consensual activity to be reasonable.

            1971     Idaho becomes one of the earliest states to repeal its sodomy law, but outrage from the Mormon and Catholic Churches causes a panic in the state. In 1972, the entire old code, with the felony sodomy law, is reinstated, making Idaho the first state ever to reinstate a repealed sodomy law.

            1990     An appellate court, following the lead of many other states, decides that sexual activity occurring in an enclosed restroom stall is constitutionally protected. The last name of the man arrested for masturbating in the stall was Limberhand.



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