Consent of all parties involved is always required for any kind of sexual activity, although one's sexual activities generally are a private matter. But many states still had anti-sodomy laws in the early 21st century that effectively criminalized any so-called "unnatural" sex acts, regardless of consent or whether the act was done in private.
Not surprisingly, these laws were used to discriminate against gays and lesbians and were found to be unconstitutional by the U.S. Supreme Court in 2003. But some consensual sexual acts remain criminalized under state laws, particularly when they involve unwitting third parties in an offensive or shocking manner. For instance, engaging in sexual acts in public (or even in private, if the act is visible to others) or exposing your genitals in public are considered illegal under most state laws.
This is an evolving area of law that typically reflects the times and the unique culture of each state. In fact, some states still have anti-sodomy laws on the books even though they are unenforceable.
Alaska Laws Prohibiting Certain Consensual Sexual Acts
Alaska repealed its anti-sodomy law in 1980, well before the 2003 Supreme Court ruling. State law prohibits indecent exposure and disorderly conduct (a "catch all" that may include certain sexual acts).
Additional provisions of Alaska laws prohibiting certain kinds of consensual sexual activities are listed in the following table. See FindLaw's Sex Crimes section to learn about prohibited non-consensual sex acts.
|Sodomy Laws Applicable to||(Alaska sodomy law repealed in 1980)
|Penalty for Sodomy||n/a
|HIV Exposure and Compelled Testing for Offenders||18.15.300 upon receipt of a petition by the victim, the court shall order testing if probable cause is found that a crime involving sexual penetration took place|
|Other Crimes Relating to Consensual Sex Acts||11.41.460 Indecent exposure: Class B misdemeanor
11.61.110 (a)(7) Disorderly conduct: Class B misdemeanor (up to 90 days in jail and/or $2,000)
Note: State laws are not carved in stone and may change at any time through the enactment of newly signed legislation or voter-approved ballot initiatives, higher court rulings, or other means. While we strive to ensure the accuracy of these pages, you also may want to contact an Alaska criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
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Prohibited Consensual Sexual Activity in Alaska: Related Resources
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