Article 14.74 criminalises “deviate sexual intercourse”, defined as sex between persons “who are not husband and wife or living together as man and wife though not legally married”, with a penalty of up to one year imprisonment. “Sexual intercourse” is defined broadly, capturing sexual acts between men and between women.1
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
1. Penal Law 1976, Article 14.74 Voluntary Sodomy
A person who engages in deviate sexual intercourse under circumstance not stated in Section 14.72 or 14.73 has committed a first degree misdemeanor.
14.79. Definitions relating to sections on sexual crimes against the person.
(a) “sexual intercourse” occurs upon penetration, however slight; ejaculation is not required; (But, see Section 14.70.)
(b) “deviate sexual intercourse” means sexual contact between human beings who are not husband and wife or living together as man and wife though not legally married, consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and vulva;
50.7. Sentence to imprisonment for misdemeanor.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment for the following terms:
(a) For a misdemeanor of the first degree, to a definite term of imprisonment to be fixed by the court at no more than one year;” Full text.