Texas Penal Code 21.06 – Homosexual Conduct

Attorney Trey Porter
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Texas Penal Code 21.06 – Homosexual Conduct

WHAT IS HOMOSEXUAL CONDUCT IN TEXAS?

The Texas law against homosexual conduct was declared unconstitutional by the U.S. Supreme Court in 2003, but the statute remains in the Penal Code.

Texas Penal Code 21.06 - Homosexual Conduct

WHAT IS THE HOMOSEXUAL CONDUCT LAW IN TEXAS?

Tex. Penal Code § 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.

WHAT IS THE PENALTY CLASS FOR HOMOSEXUAL CONDUCT IN TEXAS?

Texas law prohibiting homosexual conduct is not enforceable. Prior to 2003, a person could be charged with a Class C misdemeanor, punishable by a maximum fine of $500.

WHAT IS THE PUNISHMENT RANGE FOR HOMOSEXUAL CONDUCT IN TEXAS?

The punishment range for a Class C misdemeanor is a fine of up to $500.

WHAT ARE THE PENALTIES FOR HOMOSEXUAL CONDUCT IN TEXAS?

A person charged with a Class C misdemeanor may be ordered to pay a fine of up to $500 upon conviction. To avoid a conviction, a person may be granted deferred adjudication for a maximum period of 180 days. 

WHAT ARE THE DEFENSES TO HOMOSEXUAL CONDUCT IN TEXAS?

Law enforcement may not charge a person with homosexual conduct, as the statute is unconstitutional. 

WHAT IS THE STATUTE OF LIMITATIONS FOR HOMOSEXUAL CONDUCT IN TEXAS?

The limitation period for a Class C misdemeanor is two years.

HOMOSEXUAL CONDUCT IN TEXAS

The law prohibiting homosexual conduct was held unconstitutional by the U.S. Supreme Court in 2003. The government may not criminalize private, intimate sexual acts between consenting adults. See Lawrence v. Texas, 539 U.S. 558 (2003).

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