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Texas Prohibited Consensual Sexual Activity Laws

Laws prohibiting certain types of consensual sexual activity typically originate at the state level. Only two states, including Texas, have laws that specifically prohibit homosexual acts. But even though the Texas ban on same sex sodomy remains on the books, the U.S. Supreme Court found it unconstitutional in 2003 (and therefore unenforceable). Laws regulating consensual sexual activity also refer to offenses such as public lewdness, indecent exposore, and intentional HIV exposure.

The following table lists the main provisions of Texas prohibited consensual sexual activity laws. See FindLaw's Sex Crimes section for more information.

Sodomy Laws Applicable to Same sex (law found unconstitutional)
Penalty for Sodomy Pen. 21.06 Homosexual conduct: Class C misdemeanor; Note: found unconstitutional by Lawrence v. Texas (2003)
HIV Exposure and Compelled Testing for Offenders Crim. Proc. §21.31 Upon indictment for felony sex offense or upon request of victim of alleged sex offense, court may order HIV testing of offender
Other Crimes Relating to Consensual Sex Acts Pen. 21.07 Public lewdness: Class A misdemeanor
Pen. 21.08 Indecent exposure: Class B misdemeanor
Pen. 42.01 Disorderly conduct: Class C misdemeanor

Note: State laws are constantly changing -- contact a Texas criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

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