What is Sodomy or “Crime Against Nature” Statutes in North Carolina?
North Carolina is one of the few states that archaically criminalize certain types of consensual sexual behavior, including oral sex, regardless of the gender or sexual orientation of the participants. For example, even married heterosexual couples participating in consensual oral sex are committing the North Carolina felony of Crime Against Nature. These laws were first brought into the criminal code, ironically, by England’s often married King Henry 8th and incorporated in North Carolina statutes in 1868. In short, the law of North Carolina mandates that “If any person shall commit the crime against nature with man or beast, he shall be punished as Class I felon.” After centuries of this law being on the books, the courts finally held that this law was not enforceable if the activity occurred in private. However, if it occurs in public or other factors are present, it can still be prosecuted.
