Thirteen states' statutes purport to ban all forms of sodomy, some including oral intercourse, regardless of the participants' genders: Alabama, Florida, Georgia, Idaho, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, North Carolina, Oklahoma, South Carolina, and Utah. In 1801, Congress enacted the District of Columbia Organic Act of 1801 that continued all criminal laws of Maryland and Virginia in the now formally structured District, with those of Maryland applying to that portion of the District ceded from Maryland, and those of Virginia applying to that portion ceded from Virginia.Three states specifically target their statutes at same-sex relations only: Kansas, Sodomy laws in the United States were largely a matter of state rather than federal jurisdiction, except for laws governing the District of Columbia and the U. At the time, Maryland had a sodomy law applicable only to free males with a punishment of "labour for any time, in their discretion, not exceeding seven years for the same crime, on the public roads of the said county, or in making, repairing or cleaning the streets or bason [sic] of Baltimore-town" and the death penalty for slaves committing sodomy, while Virginia had a penalty of 1–10 years for free persons committing sodomy, but had the death penalty for slaves committing sodomy. In 1831, Congress established penalties in the District of Columbia for a number of crimes, but not for sodomy.Michigan followed, with a maximum penalty of 15 years imprisonment while repeat offenders got life.By 2002, 36 states had repealed their sodomy laws or their courts had overturned them. Texas struck down the Texas same-sex sodomy law, ruling that this private sexual conduct is protected by the liberty rights implicit in the due process clause of the United States Constitution.
On March 20, 2013, Governor Bob Mc Donnell signed the repeal of the lewd and lascivious cohabitation statute from the Code of Virginia.
At the time of the Lawrence decision in 2003, the penalty for violating a sodomy law varied very widely from jurisdiction to jurisdiction among those states retaining their sodomy laws.