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More About This Law

Law Summary

Homosexual behavior is a misdemeanor offense.

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Full text of the Law

§ 21.06. Homosexual Conduct

(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.

(b) An offense under this section is a Class C misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Why does this law exist?

A recent Supreme Court overturned this law in 2003. That case affected numerous other states with laws still on the books that prohibited oral and anal sex.

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