- Statute: Ruled Unconstitutional 1980, repealed by the legislature on
June 23, 2000.
- Case Law: People v. Onofre 415 N.E.2d 936 (N.Y. 1980)
- Restriction: Does not apply to married couples.
People v. Onofre ruled the NY sodomy law unconstitutional based on the federal
constitutional privacy protections. These protections were found not to apply to
homosexual sodomy in Bowers v. Hardwick in
1986. In the 2000 legislative session, the sodomy law was repealed as part of the Sexual
Assault Reform Act which modernizes the criminal code.
Answers to Common Questions
Sec. 130.38 Consensual sodomy
A person is guilty of consensual sodomy when he engages in deviate sexual intercourse
with another person.
Consensual sodomy is a class B misdemeanor.
Sec. 130.00 Sex offenses; definitions of terms
The following definitions are applicable to this article:
2. "Deviate sexual intercourse" means sexual conduct between persons not married
to each other consisting of contact between the penis and the anus, the mouth and penis,
or the mouth and the vulva.
1814 A New
York trial court publishes the earliest known slander case in U.S. history
involving an accusation of sodomy.
1839 A New
York trial court publishes the earliest known case in U.S. history in which a
person is found to have committed robbery by threatening a victim with an
accusation of sodomy.
earliest known case of a civil servant being dismissed for making a
sodomitical solicitation occurs with a New York City police officer.
to the lingering beliefs from medieval times that sodomy always was assaultive
in nature, two men arrested for consensual sodomy with each other are charged
with sexually assaulting each other.
York becomes the first state in the nation to reduce the penalty for
consensual sodomy from a felony to a misdemeanor.
first in a series of court decisions in New York overturns convictions of men
for soliciting undercover police officers to go back to their place for
“fun.” The courts say that “fun” can be any number of things. This
opens a hole in the state’s solicitation laws.
court overturns the disorderly conduct conviction of a man for soliciting and
fondling an undercover police officer in a restroom because there was no
evidence that there was an attempt to breach the peace, which the court found
to be required by the law.
state’s highest court interprets the portion of state’s sodomy law
covering anal sex to criminalize the acts only of the partner inserting his
penis into his partner’s anus. The following year, the New York legislature
amends the sodomy law to cover both partners.
adopting a new criminal code, the New York legislature makes that state the
first in the nation to adopt a statutory exemption to the sodomy law for
federal judge is the first in the nation to be presented with a sodomy
prosecution of actors for engaging in sex on a public stage.
York is the first state to have a prosecution for sodomy under its state
Universal Code of Military Justice (UCMJ) that covers the national guard.
- Sex Arrests on a Gay Beach Provoke a Hamptons
Debate - July 19, 2003
- NY Gay Pride Marchers Cheer New Hero: Supreme
Court - June 29, 2003
- New York Deletes ‘Sodomy’ from Its Laws
- Gay.com / PlanetOut.com Network,
June 20, 2003
- New York Kills Last Vestige of Sodomy Law - 365Gay.com,
June 20, 2003
- New York Deletes Sodomy from Books - Advocate,
June 20, 2003
- NCSF Meets with Linda Fairstein, Head of the
Manhattan Sex Crimes Unit - July 10, 2001
- Protest To Mark 100th Anniversary of Oscar Wildes Death
- November 28, 2000
- Governor Signs Sexual Assault Reform Act - October 19, 2000
- Legislature Wraps Up with a Bang - June 30, 2000
- Legislature Departs Albany on an Upbeat Note (Go Figure!) -
June 30, 2000
- New York Sexual Assault Reform Law to Repeal Consensual Sodomy
Statute - June 23, 2000
Empire State Pride Agenda
647 Hudson St.
New York, NY 10014
Founded in 1990, the Empire State Pride Agenda is New Yorks statewide,
non-partisan lesbian and gay political advocacy organization. With offices in Albany,
Buffalo, Rochester and New York City, the Pride Agenda fights for equal rights for lesbian
and gay New Yorkers by lobbying the state legislature and the Governor, electing
supportive candidates, organizing the community and educating the public. The organization
has 13 full-time employees, 8 part-time employees, and a $2.2 million budget.
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