Idaho
- Statute: 18-6605, Crime Against Nature. Unconstitutional
under Lawrence v. Texas.
- Penalty: 5 years to life
- Classification: Felony
- Restrictions: None
Statute
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.
History
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 The legislature repealed the entire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first state ever to reinstate a repealed sodomy law.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.
News
Editorials
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