Mississippi’s Unnatural Intercourse Law: What “Sodomy” Means After Lawrence v. Texas

What Mississippi's Unnatural Intercourse Statute Says

Mississippi's unnatural intercourse statute is the state law long called the "sodomy" law. On its face the statute carries a serious penalty. A conviction can result in imprisonment in the penitentiary for up to ten years. That penalty reaches only conduct the statute may still constitutionally punish, because Lawrence v. Texas put private, consensual conduct between adults beyond the reach of state criminal law. The statute uses the language "the detestable and abominable crime against nature committed with mankind or with a beast."

The wording of the unnatural intercourse statute is broad. It does not define the acts it reaches. Instead, it uses the old phrase "crime against nature." The Mississippi Supreme Court has interpreted the phrase to cover oral and anal sex. The statute remains codified in the Mississippi Code in the wording quoted above. The Mississippi Legislature has not repealed or amended it. The most recent bill to remove the words "with mankind" died in committee in the 2025 session.

This article gives general legal information about the statute, its limits under the Constitution, and what a conviction can mean later. It is not legal advice. Anyone facing a charge, or dealing with an older conviction, should talk to a Mississippi criminal defense lawyer about their own situation.

How Lawrence V. Texas Changed Enforcement

In 2003, the United States Supreme Court decided Lawrence v. Texas, 539 U.S. 558 (2003). The Court held that a state may not make private, consensual sexual conduct between adults a crime, because adults have the right to engage in it "without intervention of the government." The decision rested on substantive due process protections of the Fourteenth Amendment to the U.S. Constitution.

Lawrence struck down a Texas statute that made certain intimate conduct between same-sex adults a crime. The Court's holding was not limited to Texas law. As a matter of federal constitutional law, Lawrence applies to every state, including Mississippi. Any state statute that would punish private, consensual sexual conduct between adults faces this constitutional constraint.

This does not mean the Mississippi Legislature repealed the statute. It remains in the Mississippi Code. What Lawrence did was set a constitutional boundary. A prosecution under the unnatural intercourse statute aimed at private, consensual adult conduct could not stand. The Fourteenth Amendment, as interpreted in Lawrence, forecloses it.

Lawrence protects private conduct between consenting adults. The Court said the case before it did not involve minors. It did not involve people who might be injured or coerced, or relationships where consent might not easily be refused. It did not involve public conduct or prostitution. The statute's separate words "with a beast" do not describe conduct between consenting adults, so Lawrence does not shield that part of the statute. Whether Lawrence applies to a given set of facts is a case-by-case question. The answer depends on the facts.

Why the Statute Still Matters in Mississippi

Even after Lawrence, the statute remains part of the Mississippi Code. Its presence on the books still has practical effects. Lawyers must weigh those effects when the statute comes up in a legal matter.

The statute can come up in several settings. It may show up in charging papers. It can come up in plea talks about related sex offenses. It comes up when a lawyer weighs the lasting effects of an older conviction. A person with an older conviction under this statute may run into it during background checks. Job screening and professional licensing reviews may turn it up. Immigration lawyers may need to weigh how a conviction under this statute affects a client's status. Federal immigration law may treat certain state convictions as grounds for removal or inadmissibility.

A statute that is still on the books – even one the Constitution limits – can still cause real legal trouble. Defense lawyers must account for it whenever it shows up in a client's record or in the charges a client faces. The constitutional defense Lawrence provides is strong. Still, the statute's presence on the books means it cannot be ignored.

Sex Offender Registration After a Conviction

This is the biggest practical effect of the statute today. Mississippi's sex offender registration law sits in the public safety part of the Code. It requires people convicted of certain offenses to register with the Mississippi Department of Public Safety.

Mississippi law defines sex offense or registrable offense to include the unnatural intercourse statute. A conviction under it is therefore a registrable offense under Mississippi law.

Registration carries serious duties. Under Mississippi law, a person convicted of a registrable offense must register with the responsible agency and the Department of Public Safety. Registration means giving detailed personal information. The list includes name, address, employment, photograph, fingerprints, and a biological sample, among other items. A person must register with the responsible agency within three business days of the judgment, unless they are confined first. They must then appear within three days of that registration at a facility the Department of Public Safety designates, or in a manner the department chooses, including by electronic means.

Under Mississippi law, most registrants must reregister every ninety days. A registrant in compliance with a program of electronic monitoring reregisters annually instead. Reregistration means appearing at a facility the Department of Public Safety designates, or in a manner the department chooses, including by electronic means. It includes submitting current information. Registrants must provide a photograph. They must verify address and employment details.

Registered sex offenders also face limits on where they can live. Under Mississippi law, a registrant may not reside within three thousand feet of a public or nonpublic elementary or secondary school, subject to exceptions the statute lists. The restriction also applies to child care facilities. It covers residential child-caring agencies and children's group care homes. It extends to certain recreational facilities used by minors. There is no violation where the residence was established before July 1, 2006 for a school or child care facility, before July 1, 2008 for the other listed places, or where the school or facility opened nearby afterwards. Additional Mississippi law restrictions limit a registrant's presence on school property. They limit presence at public beaches or campgrounds where minors congregate without advance approval from the registry director. Limited exemptions apply, including for a parent or guardian who notifies the principal before attending a conference about their own child. A violation is a misdemeanor carrying a fine of up to one thousand dollars, up to six months in jail, or both.

How long registration lasts depends on how the offense is classified. Under Mississippi law, a conviction under the unnatural intercourse statute is classified as a Tier Two offense requiring registration for a minimum of twenty-five years. That period runs from the most recent release from prison, parole, supervised release or probation, and any later incarceration restarts it. Two separate convictions for registrable offenses mean lifetime registration with no right to petition, where at least one was entered on or after July 1, 1995. After satisfying the registration requirements for the minimum period, an offender may petition the circuit court for relief. The court grants relief only if the petitioner shows, by clear and convincing evidence, that the registration was properly maintained and that future registration will not serve the purposes of the registry chapter. The court must also be satisfied that the petitioner is not a current or potential threat to public safety. The district attorney must receive notice at least three weeks before the hearing and may oppose the petition.

On their face the registration statutes still list the unnatural intercourse statute, and they draw no distinction based on the conduct behind a conviction. That is how older convictions for private, consensual adult conduct kept producing registration duties long after Lawrence. Mississippians in that position brought a federal challenge in the Southern District of Mississippi. It settled with the state removing twenty-eight people from the registry, and the one remaining plaintiff obtained post-conviction relief in state court. No court struck the statute down, so relief has come case by case rather than automatically. The registry statute says registration continues until the conviction is set aside in a post-conviction proceeding, pardoned or dismissed, or a court relieves the duty. A person carrying an older conviction under this statute should get advice about those routes.

If You Are Facing a Charge Under the Unnatural Intercourse Statute

A charge under Mississippi's unnatural intercourse statute raises serious constitutional questions. It also carries serious lasting effects. The constitutional protections established in Lawrence v. Texas may apply. Still, the analysis depends on the specific facts. A conviction can trigger sex offender registration duties. Those duties can last for decades. They affect where a person can live, work, and travel.

Anyone facing a charge under this statute should speak with a Mississippi criminal defense lawyer promptly. That is true whether you face a new charge or carry an older conviction. Talking to a lawyer early lets them weigh the constitutional defenses. A lawyer can assess what registration would mean. They can build a strategy that fits the facts.

Vic Carmody, Jr., P.A. offers a confidential consultation about charges under Mississippi's unnatural intercourse statute. We can talk through the constitutional defenses that may apply. We can also explain the lasting effects a conviction may carry. Contact our office to talk about your situation.

Frequently Asked Questions

Is Mississippi's Sodomy Law Still on the Books?

Yes, the unnatural intercourse statute remains codified in the Mississippi Code, and the Mississippi Legislature has not repealed it. Being on the books is not the same as being enforceable. After the U.S. Supreme Court's decision in Lawrence v. Texas, the statute cannot be enforced against private, consensual sexual conduct between adults. Its words "with a beast" are a different matter, because that is not conduct between consenting adults.

Can I Be Prosecuted Under the Unnatural Intercourse Statute for Private Conduct Between Consenting Adults?

No. Lawrence v. Texas, 539 U.S. 558 (2003), puts private, consensual sexual conduct between adults beyond the reach of state criminal law, on Fourteenth Amendment due process grounds. A prosecution under the unnatural intercourse statute aimed at that conduct could not stand. Lawrence does not protect conduct involving minors, coercion, injury, public acts or prostitution, and it does not reach the statute's words "with a beast." Whether Lawrence covers a particular set of facts depends on those facts.

Does a Conviction Under Mississippi's Unnatural Intercourse Statute Require Sex Offender Registration?

Yes. Mississippi law lists the unnatural intercourse statute as a registrable offense. A conviction triggers registration with the Mississippi Department of Public Safety. Registrants must comply with periodic reregistration requirements. They face residency restrictions and other obligations under the Mississippi Sex Offenders Registration Law. This offense is classified as Tier Two, which requires a minimum of twenty-five years of registration, and a second registrable conviction makes it lifetime. Where the conviction was for private, consensual adult conduct, that registration requirement has been challenged successfully in federal court, but relief is not automatic.

What Should I Do if I'm Charged Under Mississippi's Unnatural Intercourse Statute?

You should talk to a Mississippi criminal defense lawyer as soon as possible. A charge under this statute may involve constitutional defenses under Lawrence v. Texas. A conviction carries serious lasting effects, including sex offender registration. A lawyer can weigh the facts of your case. They can spot defenses and advise you on the likely consequences.