{"id":371823,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-19T17:43:09","modified_gmt":"2023-01-19T22:43:09","slug":"california-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"California Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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California Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It is well-known that non-consensual sexual activities, like rape and sexual assault, are prohibited by law. It is not as well-known that states prohibit certain consensual sexual activities<\/a>, as well.<\/p>\r\n

Throughout history, states have used anti-sodomy laws to criminalize sexual activity between same-sex partners. However, that changed in 2003.<\/p>\r\n

In that year, the U.S. Supreme Court heard Lawrence v. Texas<\/i><\/a>.<\/p>\r\n

In that case, a man challenged his conviction in Texas for violating an anti-sodomy law in that state. For having sex with another man in the privacy of his own home, he was convicted of having violated that law. However, the U.S. Supreme Court ruled that law unconstitutional. In the wake of the Supreme Court’s decision, all anti-sodomy laws in all other states, as they apply to consenting adults, became unconstitutional and unenforceable.<\/p>\r\n

While California’s anti-sodomy law is still in effect, it can’t be used to criminalize sexual activity between consenting adults, regardless of sexual orientation. The state’s anti-sodomy law defines the prohibited acts as:<\/p>\r\n