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If accomplished by force, without consent, or with someone incapable of consent, sodomy is a felony in all states in the same way that rape is.

Sodomy is defined as anal copulation by a man inserting his penis in the anus either of another man or a woman.

Homosexual sodomy between consenting adults has also been found a felony, but increasingly is either decriminalized or seldom prosecuted. Sodomy with a consenting adult female is virtually never prosecuted even in those states in which it remains on the books as a criminal offense. However, there have been a few cases, including one in Indiana, in which an estranged wife insisted that her ex-husband be charged with sodomy for sexual acts while they were married. Traditionally sodomy was called "the crime against nature."

Sodomy does not include oral copulation or sexual acts with animals however in the United States, the term eventually encompassed oral sex as well as anal sex. The crime of sodomy was classified as a felony.

Laws against consensual sodomy were ruled unconstitutional and therefore unenforceable by the US Supreme Court in Lawrence vs Texas on 26 June, 2003, therefore all sodomy laws in the US are now unconstitutional and unenforceable. However this only applied to non-commercial consenting adults in private.

Three states, Oklahoma, Virginia, and North Carolina, still attempt to enforce their sodomy laws despite the Supreme Court ruling.

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