All countries

State

Domestic law[*]

Penalty

Ratified International Covenant on Civil and Political Rights (ICCPR)[†]

Ratified Optional Protocol to the ICCPR[†]

Afghanistan

Article 427

“(1) A person who commits adultery or pederasty shall be sentenced to long imprisonment.

(2) In one of the following cases commitment of the acts, specified above, is considered to be aggravating conditions:

a. In the case where the person against whom the crime has been committed is not yet eighteen years old. …”

In Afghan legal terminology “pederasty” appears to refer to intercourse between males regardless of age.

24 Jan 1983

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Algeria

Article 338

“Any person guilty of a homosexual act shall be punished with a term of imprisonment of between two months and two years and a fine of between 500 and 2,000 Algerian dinars.”

Fine between 500 and 2,000 Algerian dinars

12 Sep 1989

12 Sep 1989

Antigua and Barbuda

Article 12: Buggery

“(1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment –

(a) for life, if committed by an adult on a minor;

(b) for fifteen years, if committed by an adult on another adult;

(c) for five years, if committed by a minor.

(2) In this section “buggery” means sexual intercourse per anum by a male person with a male person or by a male person with a female person.”

(a) life if committed by an adult on a minor;

(b) 15 years if committed by an adult on another adult;

(c) 5 years if committed by a minor.

–

–

“(1) A person who commits an act of serious indecency on or towards another is guilty of an offence and is liable on conviction to imprisonment –

(a) for ten years, if committed on or towards a minor under sixteen years of age;

(b) for five years, if committed on or towards a person sixteen years of age or more,

(2) Subsection (1) does not apply to an act of serious indecency committed in private between –

(a) a husband and his wife; or

(b) a male person and a female person each of whom is sixteen years of age or more;

(3) An act of “serious indecency” is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of genital organ for the purpose of arousing or gratifying sexual desire.”

(a) 10 years if committed on or towards a minor under sixteen years of age;

(b) 5 years if committed on or towards a person sixteen years of age or more.

Bangladesh

Section 377: Unnatural offences

“Whoever voluntary has carnal intercourse against the order of nature with man, woman, or animal, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

Imprisonment for up to 10 years and a fine

6 Sep 2000

–

Barbados

Chapter 154 Section 9: Buggery

“Any person who commits buggery is guilty of an offence and is liable on conviction on indictment to imprisonment for life.”

5 Jan 1973

5 Jan 1973

“(1) A person who commits an act of serious indecency on or towards another or incites another to commit that act with the person or with another person is guilty of
an offence and, if committed on or towards a person 16 years of age or more or if the person incited is of 16 years of age or more, is liable on conviction to imprisonment for a term of 10 years.

(2) A person who commits an act of serious indecency with or towards a child under the age of 16 or incites the child under that age to such an act with him or another, is guilty of an offence and is liable on conviction to imprisonment for a term of 15 years.

(3) An act of “serious indecency” is an act, whether natural or unnatural by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire.”

Imprisonment for 15 years if committed on or towards a person under the age of 16

Brunei

Section 377: Unnatural offences

“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [S 12/97]

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.”

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Burundi

Article 567

“Whoever has sexual relations with someone of the same sex shall be punished with imprisonment for three months to two years and a fine of fifty thousand to one hundred thousand francs or one of those penalties.” (Unofficial translation)

Fine of 50,000 to 100,000 francs

9 May 1990

–

Cameroon

“Whoever has sexual relations with a person of the same sex shall be punished with imprisonment from six months to five years and fine of from 20,000 to 200,000 francs.”

Fine of 20,000 to 200,000 francs

27 Jun 1984

27 Jun 1984

Chad

“Shall be punished by imprisonment from 3 months to 2 years and a fine from 50.000 to 500.000 FCFA, anyone who has sexual relations with persons of his/her sex.”

Fine of 50.000 to 500.000 FCFA

9 Jun 1995

9 Jun 1995

Comoros

Article 318

“(3) Without prejudice to the more serious penalties provided for in the preceding paragraphs or by articles 320 and 321
of this Code, whoever will have committed an improper or unnatural act with a person of the same sex will be punished by imprisonment of between one and five years and by a fine of 50 000 to 1 000 000 francs. If the act was committed with a minor, the maximum penalty will always be applied.”

Fine of 50,000 to 1,000,000 francs

–

–

Cook Islands

Section 154: Indecency between males

“(1) Every one is liable to imprisonment for a term not exceeding five years who, bring a male,-

(a) Indecently assaults any other male; or

(b) Does any indecent act with or upon any other male; or

(c) Induces or permits any other male to do any indecent act with or upon him.

(2) No boy under the age of fifteen years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1) of this section, unless the other male was under the age of twenty-one years.

(3) It is not defence to a charge under this section that the other party consented.”

–

–

“(1) Every one who commits sodomy is liable-

(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen years;

(b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years;

(c) In any other case, to imprisonment for a term not exceeding seven years.

(2) This offence is complete upon penetration.

(3) Where sodomy is committed on any person under the age of fifteen years he shall not be charged with being a party to that offence, but he may be charged with being a party to an offence against section 154 of this Act in say case to which that section is applicable.

(4) It is no defence to a charge under this section that the other party consented.”

(a) up to 14 years if committed on a female;

(b) up to 14 years if committed on a male under the age of 15 years and if the offender is over the age of 21 years;

(c) up to 7 years in any other case.

Dominica

Section 14: Gross Indecency


“(1) Any person who commits an act of gross indecency with another person is guilty of an offence and liable on conviction to imprisonment for five years.

(2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent.

(3) For the purposes of subsection (2) –
an act shall be deemed not to have been committed in private if it is committed in a public place; and
 a person shall be deemed not to consent to the commission of such an act if –
the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act;the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or
that person is, and the other party to the act knows or has good reason to believe that the person is suffering from a mental disorder.

(4) In this section “gross indecency” is an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of genital organs for the purpose of arousing or gratifying sexual desire.”

17 Jun 1993

–

“(1) A person who commits buggery is guilty of an offence and liable on conviction to imprisonment for– twenty-five years, if committed by an adult on a minor;
ten years, if committed by an adult on another adult; or
 five years, if committed by a minor;
and, if the Court thinks it fit, the Court may order that the convicted person be admitted to a psychiatric hospital for treatment.

(2) Any person who attempts to commit the offence of buggery, or is guilty of an assault with the intent to commit the same is guilty of an offence and liable to imprisonment for four years and, if
the Court thinks it fit, the Court may order that the convicted person be admitted to the psychiatric hospital for treatment.

(3) In this section “buggery” means sexual intercourse per anum by a male person with a male person or by a male person with a female person.”

(a) 25 years if committed by an adult on a minor;

(b) 10 years if committed by an adult on another adult;

(c) 5 years if committed by a minor.

Admission to a psychiatric hospital if ordered by a court

(2) Imprisonment for 4 years.

Admission to a psychiatric hospital is ordered by a court

Egypt

Article 98(f):

“Detention for a period of not less than six months and not exceeding five years, or paying a fine of 
not less than five hundred pounds and not exceeding one thousand pounds shall be the penalty inflicted on whoever exploits and uses the religion in advocating and propagating by talk or in writing, or by any other method, extremist thoughts with the aim of instigating sedition and division or disdaining and contempting any of the heavenly religions or the sects belonging thereto, or prejudicing national unity or social peace.”

Fine between 500 pounds and 1,000 pounds

14 Jan 1982

–

“Whoever is found on a public road or a traveled and frequented place inciting the passersby with signals or words to commit indecency shall be punished with imprisonment for a period not exceeding one month. If the felon recurs to committing this crime within one year of the first crime, the penalty shall become imprisonment for a period not exceeding six months and a fine not exceeding fifty pounds. A ruling of conviction shall necessitate placing the convict under police supervision for a period equal to that of the penalty.”

Imprisonment for up to 6 months and a fine of up to 50 pounds if committed within one year of first crime.

“Whoever commits in public a scandalous act against shame shall be punished with detention for a period not exceeding one year or a fine not exceeding three hundred pounds.”

Article 9:

“Punishment by imprisonment for a period not less than three months and not exceeding three years and a fine not less than 25 LE and not exceeding 300 LE […] or one of these two punishments applies in the following cases:

(a) Whoever lets or offers in whatever fashion a residence or place run for the purpose of debauchery or prostitution, or for the purpose of housing one or more persons, if they are to his knowledge practicing debauchery or prostitution.

(b) Whoever owns or manages a furnished residence or furnished rooms or premises open to the public and who facilitates the practice of debauchery or prostitution, either by admitting persons so engaged or by allowing on his premises incitement to debauchery or prostitution.

(c) Whoever habitually engages in debauchery or prostitution.

Upon the apprehension of a person in the last category, it 
is permitted to send him for a medical examination. If it is discovered that he is carrying an infectious venereal disease, it is permitted to detain him in a therapeutic institute until his cure is completed.

It is permitted to determine that the convicted person 
be placed, upon completion of his sentence, in a special reformatory until the administrative agency orders his release. This judgment is obligatory in cases of recidivism, and the period spent in the reformatory is not allowed to be more than three years. […]”

Fine between 25 LE and 300 LE.

May be placed in a special reformatory upon completion of sentence for up to 3 years.

Eritrea

Article 600: Unnatural carnal offences

“(1) Whosoever performs with another person of the same sex an act corresponding to the sexual act, or any other indecent act, is punishable with simple imprisonment.

(2) The provisions of Art. 597 are applicable where an infant or young person is involved.”

Article 105: Simple imprisonment

“(1) simple imprisonment is a sentence applicable to offences of a not very serious nature committed by persons who are not a serious danger to society.
It is intended as a measure of safety to the general public and as a punishment to the offender.
 Subject to any special provision of law and without prejudice to conditional release, simple imprisonment may extend for 
a period of from ten days to three years; such period shall be fixed by the court.

(2) The sentence of simple imprisonment shall be served in such prison or in such section thereof as is appointed for the purpose.”

22 Jan 2002

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Ethiopia

Article 629: Homosexual and other Indecent Acts

“Whoever performs with another person of the same sex a homosexual act, or any other indecent act, is punishable with simple imprisonment.”

Article 106: Simple Imprisonment

“(1) Simple imprisonment is a sentence applicable to crimes of a not very serious nature committed by persons who are not a serious danger to society.

Without prejudice to conditional release, simple imprisonment may extend for a period of from ten days to three years. However, simple imprisonment may extend up to five years where, owing to the gravity of the crime, it is prescribed in the Special Part of this Code, or where there are concurrent crimes punishable with simple imprisonment, or where the criminal has been punished repeatedly.

The Court shall fix the period of simple imprisonment in its judgment.

(2) The sentence of simple imprisonment shall be served in such prison or in such section thereof as is appointed for the purpose.”

May extend to a maximum of 5 years in special circumstances.

11 Jun 1993

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“(1) The punishment shall be simple imprisonment for not less than one year, or, in grave cases, rigorous imprisonment not exceeding ten years, where the criminal:a) takes unfair advantage of the material or mental distress of another or of the authority he exercises over another by virtue of his position, office or capacity as guardian, tutor, protector, teacher, master or employer, or by virtue of any other like relationship, to cause such other person to perform or to submit to such an act; orb) makes a profession of such activities within the meaning of the law (Art. 92).

(2) The punishment shall be rigorous imprisonment from three years to fifteen years, where:

(a) the criminal uses violence, intimidation or coercion, trickery or fraud, or takes unfair advantage of the victim’s inability to offer resistance or to defend himself or of his feeble- mindedness or unconsciousness; or

b) the criminal subjects his victim to acts of cruelty or sadism, or transmits to him a venereal disease with which he knows himself to be infected; or

c) the victim is driven to suicide by distress, shame or despair.”

Gambia

Article 144: Unnatural offences

“(1) Any person who—

(a) has carnal knowledge of any person against the order of nature; or

(b)  has carnal knowledge of an animal; or

(c)  permits any person to have carnal knowledge of him or  her against the order of nature;
is guilty of a felony, and is liable to imprisonment for a term of 14 years.

(2) In this section- “carnal knowledge of any person against the order of nature” includes-

(a) carnal knowledge of the person through the anus or the mouth of the person;

(b) inserting any object or thing into the vulva or the anus of the person for the purpose of simulating sex; and

(c) committing any other homosexual act with the person”

22 Mar 1979

9 Jun 1988

Gaza

Section 152(2) criminalizes sexual acts between men with a penalty of up to 10 years.

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Ghana

Section 104: Unnatural Carnal Knowledge

“(1) Whoever has unnatural carnal knowledge—

(a) of any person of the age of sixteen years or over without his consent shall be guilty of a first degree felony and shall be liable on conviction to imprisonment for a term of not less than five years and not more than twenty-five years; or

(b) of any person of sixteen years or over with his consent is guilty of a misdemeanour; or

(c) of any animal is guilty of a misdemeanour.

(2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or with an animal.”

According to Article 296(4) of the Criminal Procedural Code, a misdemeanor shall be liable to imprisonment for a term not exceeding three years.

(a) between 5 years and 25 years if there was no consent;

(b) up to 3 years if there was consent.

7 Sep 2000

7 Sep 2000

Grenada

Article 431:

“If any two persons are guilty of unnatural connexion, or if any person is guilty of an unnatural connexion with any animal, every such person shall be liable to imprisonment for ten years”.

6 Sep 1991

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Guinea

Article 325

“Any indecent act or act against nature committed with an individual of the same sex will be punished by six months to three years of imprisonment and a fine of 100,000 to 1,000,000 Guinean francs.

If the act was committed with a minor under 21 years of age, the maximum penalty must be pronounced.”

Original text:

“Tout acte impudique ou contre nature commis avec un individu de son sexe sera puni d’un emprisonnement de 6 mois à 3 ans et d’une amende de 100.000 à 1.000.000 de Francs guinéens. Si l’acte a été commis avec un mineur de moins de 21 ans, le maximum de la peine sera toujours prononcée”

24 Jan 1978

17 Jun 1993

Guyana

Section 352: Committing acts of gross indecency with male person

“Any male person, who in public or private, commits, or 
is a party to the commission, or procures or attempts to procure the commission, by any male person, of an act of gross indecency with any other male person shall be guilty of misdemeanour and liable to imprisonment for two years.”

15 Feb 1977

5 Jan 1999

“Everyone who –

(a) attempts to commit buggery; or

(b) assaults any person with the intention to commit buggery; or

(c) being a male, indecently assaults any other male person, shall be guilty of felony and liable to imprisonment for ten years.”

“Everyone who commits buggery, either with a human being or with any other living creature, shall be guilty of felony and liable to imprisonment for life.”

Iran

Chapter 1 (Definition of Sodomy)

Article 108

Sodomy is sexual intercourse with a male.

Article 109

In case of sodomy both the active and the passive persons will be condemned to its punishment.

Article 110

Punishment for sodomy is killing; the Sharia judge decides on how to carry out the killing.

Article 111

Sodomy involves killing if both the active and passive persons are mature, of sound mind and have free will.

Article 112

If a mature man of sound mind commits sexual intercourse with an immature person, the doer will be killed and the passive one will be subject to Ta’azir of 74 lashes if not under duress.

Article 113

If an immature person commits sexual intercourse with another immature person, both of them will be subject to Ta’azir of 74 lashes unless one of them was under duress.

Chapter 2 (Ways of proving sodomy in court)

Article 114

By confessing after four lashes to having committed sodomy, punishment is established against the one making the confession.

Article 115

A confession made before receiving four lashes
(to having committed sodomy) does not involve punishment
of “Had” but the confessor will be subject to Ta’azir (lesser punishments).

Article 116

A confession is valid only if the confessor is mature, of sound mind, has will and intention.

Article 117

Sodomy is proved by the testimony of four righteous men who might have observed it.

Article 118

If less than four righteous men testify, sodomy
is not proved and the witnesses shall be condemned to punishment for Qazf (malicious accusation).

Article 119

Testimony of women alone or together with a man does not prove sodomy.

Article 120

The Sharia judge may act according to his own knowledge which is derived through customary methods.

24 Jun 1975

–

Punishment for Tafhiz (the rubbing of the thighs
or buttocks) and the like committed by two men without entry, shall be hundred lashes for each of them.

Article 122

If Tafhiz and the like are repeated three lashes without entry and punishment is enforced after each time, the punishment for the fourth time would be death.

Article 123

If two men not related by blood stand naked under one cover without any necessity, both of them will be subject to Ta’azir of up to 99 lashes.

Article 124

If someone kisses another with lust, he will be subject to Ta’azir of 60 lashes.

Article 125

If the one committing Tafhiz and the like or a homosexual man, repents before the giving of testimony by the witnesses, his punishment will be quashed; if he repents after the giving of testimony, the punishment will not be quashed.

Article 126

If sodomy or Tafhizis proved by confession and thereafter he repents the Shariajudge may request the leader (Valie Amr) to pardon him.

Death if Tafhiz and the like are repeated for the fourth time

99 lashes for unrelated men standing under one cover without any necessity

60 lashes for kissing another with lust

Mosaheqeh (lesbianism) is homosexuality of women by genitals

Article 128

The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved.

Article 129

Punishment for lesbianism is hundred (100) lashes for each party.

Article 130

Punishment for lesbianism will be established vis-a -vis someone who is mature, of sound mind, has free will and intention.

Note: In the punishment for lesbianism there will be no distinction between the doer and the subject as well as a Muslim or non-Muslim.

Article 131

If the act of lesbianism is repeated three lashes and punishment is enforced each time, death sentence will be issued the fourth time.

Article 132

If a lesbian repents before the giving of testimony by the witnesses, the punishment will be quashed; if she does so after the giving of testimony, the punishment will not be quashed.

Article 133

If the act of lesbianism is proved by the confession
of the doer and she repents accordingly, the Sharia judge may request the leader (ValieAmr) to pardon her.

Article 134

If two women not related by consanguinity stand naked under one cover without necessity, they will be punished to less than hundred (100) lashes (Ta’azir). In case of its repetition as well as the repetition of punishment, hundred (100) lashes will be hit the third time.

Death if act is repeated for the fourth time

Less than 100 lashes for unrelated women standing naked under one cover without any necessity

Iraq

25 Jan 1971

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Jamaica

Article 76: Unnatural Crime

“Whosoever shall be convicted of the abominable crime of buggery [anal intercourse] committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years.”

3 Oct 1975

–

“Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour.”

Article 78: Proof of Carnal Knowledge

“Whenever upon the trial of any offence punishable under this Act, it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only.”

“Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding 2 years, with or without hard labour.”

Kenya

Section 162: Unnatural Offences

“Any person who—

(a) has carnal knowledge of any person against the order of nature; or

(b) has carnal knowledge of an animal; or

(c) permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a felony and is liable to imprisonment for fourteen years:

Provided that, in the case of an offence under paragraph (a), the offender shall be liable to imprisonment for twenty-one years if—

(i) the offence was committed without the consent of the person who was carnally known; or

(ii) the offence was committed with that person’s consent but the consent was obtained by force or by means of threats or intimidation of some kind, or by fear of bodily harm, or by means of false representations as to the nature of the act.”

Imprisonment for 21 years if committed without consent or if consent was obtained by force

1 May 1996

–

“Any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years.”

“Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.”

Kiribati

Section 153: Unnatural offences

“Any person who-

(a) commits buggery with another person or with an animal; or

(b) permits a male person to commit buggery with him or her, shall be guilty of a felony, and shall be liable to imprisonment for 14 years.”

–

–

“Any person who attempts to commit any of the offences it specified in the last preceding section, or who is guilty of any assault with intent to commit the same, or any indecent assault upon any male person shall be guilty of a felony, and shall be liable to imprisonment for 7 years.”

“Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony, and shall be liable to imprisonment for 5 years.”

Kuwait

Article 193

“Consensual intercourse between men of full age (from the age of 21) shall be punishable with a term of imprisonment of up to seven years.”

Such relations with a man under 21 years of age are criminalised by article 192.

21 May 1996

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Lebanon

Article 534

“Any sexual intercourse against nature is punished with up to one year of imprisonment”.

3 Nov 1972

–

Lesotho

Homosexuality is not a crime under the Penal Code Act 2010.

9 Sep 1992

6 Sep 2000

Liberia

Articles 14.74, 14.79 and 50.7 consider “voluntary sodomy” as a first degree misdemeanor, with a penalty of up to one year imprisonment, with sodomy being defined as “deviate sexual intercourse” between human beings who are not (living as) husband and wife, that consists of contact between penis and anus, mouth and penis, or mouth and vulva.

22 Sep 2004

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Libya

Article 407
(4)

Whoever has intercourse with a person with his consent will be punished with his partner by imprisonment of not more than five years.

Article 408
(4)

Whoever commits an indecent act with a person with his consent will be punished with his partner with imprisonment.

15 May 1970

16 May 1989

Malawi

Section 153: Unnatural offences


“Anyone who –

(a) has carnal knowledge of any person against the order of nature; or

(b) has carnal knowledge of any animal; or

(c) permits a male person to have carnal knowledge of him or her against the order of nature,
shall be guilty of a felony and shall be liable to imprisonment for fourteen years, with or without corporal punishment.”

22 Dec 1993

11 Jun 1996

“
Any person who attempts to commit any of the offences specified in the last preceding section shall be guilty of a felony and
 shall be liable to imprisonment for seven years, with or without corporal punishment.”

“Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act
by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony and shall be liable to imprisonment for five years, with or without corporal punishment.”

“Any female person who, whether in public or private, commits “any act of gross indecency with another female” shall be guilty of an offence and liable to a prison term of five years.”

Malaysia

Unnatural OffencesSection 377A: Carnal intercourse against the order of nature

“Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.”

Explanation:
 Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.

Section 377B: Punishment for committing carnal intercourse against the order of nature.

“Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.”

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–

“Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more.”

“Any person who, in public or private, commits, or abets
the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.”

Fine of RM5,0006 lashes

Maldives

Women: house arrest for 9 months to 1 year.

19 Sep 2006

19 Sep 2006

Mauritania

Article 308

“Any adult Muslim man who commits an indecent act or an act against nature with an individual of his sex will face the penalty of death by public stoning. If it is a question of two women, they will be punished as prescribed in article 306, first paragraph.” (Unofficial translation)

Original text Article 308:

“Tout musulman majeur qui aura commis un acte impudique ou contre nature avec un individu de son sexe sera puni de peine de mort par lapidation publique. S’il s’agit de deux femmes, elles seront punies de la peine prévue à l’article 306, paragraphe premier.

Article 306 (1), Toute personne qui aura commis un outrage public à la pudeur et aux mœurs islamiques ou a violé les lieux sacrés ou aidé à les violer, si cette action ne figure pas dans les crimes emportant la Ghissass ou la Diya, sera punie d’une peine correctionnelle de trois mois à deux ans d’emprisonnement et d’une amende de 5.000 à 60.000 UM.”

17 Nov 2004

–

Mauritius

Section 250: Sodomy and bestiality

“(1) Any person who is guilty of the crime of sodomy or bestiality shall be liable to penal servitude for a term not exceeding 5 years.”

12 Dec 1973

12 Dec 1973

Morocco

Article 489

“Any person who commits lewd or unnatural acts with an individual of the same sex shall be punished with a term of imprisonment of between six months and three years and a fine of 120 to 1,000 dirhams, unless the facts of the case constitute aggravating circumstances.”

Fine between 120 and 1,000 dirhams

3 May 1979

–

Myanmar

Section 377


“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Imprisonment for up to 10 years; and

Fine

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–

Namibia

28 Nov 1994

28 Nov 1994

Nigeria

Section 214: Unnatural offences

“Any person who-

(1) has carnal knowledge of any person against the order of nature; or

(2) has carnal knowledge of an animal; or

(3) permits a male person to have carnal knowledge of him or her against the order of nature;
is guilty of a felony, and is liable to imprisonment for fourteen years.”

29 Jul 1993

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“Any person who attempts to commit any of the offences defined in the last preceding section is guilty of a felony, and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.” 

“Any male person who, whether in public or private, commits any act of gross indecency with another
male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony, and is liable to imprisonment for three years. The offender cannot be arrested without warrant.”

Note: several Northern Nigerian states have adopted Islamic Sharia laws, criminalizing sexual activities between persons of the same sex. The maximum penalty for such acts between men is death penalty, while the maximum penalty for such acts between women is a whipping and/or imprisonment. These laws differ from the federal law, as most of these prohibit also sexual relations between women.

The states which have adopted such laws are: Bauchi (the year 2001), Borno (2000), Gombe (2001), Jigawa (2000), Kaduna (2001), Kano (2000), Katsina (2000), Kebbi (2000), Niger (2000), Sokoto (2000), Yobe (2001) and Zamfara (2000).

Section 1(1)

“A … civil union entered into between persons of same sex: (a) is prohibited in Nigeria”.

Section 5

(1) “A person who enters into a … civil union commits an offence and is liable on conviction to a term of 14 years imprisonment”.

“The public show of same sex amorous relationship directly or indirectly is prohibited”.

Section 5(2)

“A person who … directly or indirectly makes public show of same sex amorous relationship in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.”

Oman

Article 33


“The following are deemed as disgracing crimes:I. All felonies punishable by a coercive sentence.II. All misdemeanours stated hereafter:

7.Homosexual and lesbian intercourses;”

Article 223


“Anyone who commits erotic acts with a person of the same sex shall be sentenced to imprisonment from six months to three years. The suspects of homosexual or lesbian intercourse shall be prosecuted without a prior complaint, if the act results in
a public scandal. The suspects of lesbian intercourse among ascendants, descendants or sisters shall only be prosecuted upon a complaint from a relative or a relative by marriage forth-degree removed.”

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Pakistan

Section 377: Unnatural offences

“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to a fine.”

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

Imprisonment for a period between 2 years and 10 years and a fine

23 Jun 2010

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Papua New Guinea

Section 210: Unnatural Offences

“(1) A person who–

(a) sexually penetrates any person against the order of nature; or

(b) sexually penetrates an animal; or

(c) permits a male person to sexually penetrate him or her against the order of nature, is guilty of a crime.”

21 Jul 2008

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“(2) A person who attempts to commit an offence against Subsection (1) is guilty of a crime.”

“(1) A male person who, whether in public or private–

(a) commits an act of gross indecency with another male person; or

(b) procures another male person to commit an act of gross indecency with him; or

(c) attempts to procure the commission of any such act by a male person with himself or with another male person, is guilty of a misdemeanour.”

Qatar

Sexual acts with a female over the age of 16 are prohibited by article 281, while sexual acts with a male are prohibited by article 281 and 285.

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Flogging for sexual acts by non-married persons

Saint Kitts and Nevis

The Revised Laws prescribe terms of imprisonment
 of up to ten years, with or without hard labor, upon conviction for engaging in anal sex, described as “the abominable crime of buggery.”

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Saint Lucia

Section 132: Gross indecency

“(1) Any person who commits an act of gross indecency with another person commits an offence and is liable on conviction on indictment to imprisonment for ten years or on summary conviction to five years.

(2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent.

(3) For the purposes of subsection (2) —

(a) an act shall be deemed not to have been committed in private if it is committed in a public place; and

(b) a person shall be deemed not to consent to the commission of such an act if —

(i) the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act;

(ii) the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or

(iii) that person is, and the other party to the act knows or
has good reason to believe that the person is suffering from a mental disorder.

(4) In this section “gross indecency” is an act other than
sexual intercourse (whether natural or unnatural) by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire.”

Imprisonment for 5 years on summary conviction

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“(1) A person who commits buggery commits
an offence and is liable on conviction on indictment to imprisonment for —

(a) life, if committed with force and without the consent of the other person;

(b) ten years, in any other case.”

Imprisonment for 10 years in any other case

“(2) Any person who attempts to commit buggery, or commits an assault with intent to commit buggery, commits an offence and is liable to imprisonment for five years.

(3) In this section “buggery” means sexual intercourse per anus by a male person with another male person.”

Saint Vincent & The Grenadines

Section 146


“Any person who —

(a) commits buggery with any other person;

(b) commits buggery with an animal; or

(c) permits any person to commit buggery with him or her; is guilty of an offence and liable to imprisonment for ten years.”

9 Nov 1981

9 Nov 1981


“Any person, who in public or private, commits an act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her, is guilty of an offence and liable to imprisonment for five years.”

Samoa

Section 67: Sodomy

“(1) A person who commits sodomy is liable:

(a) where the act of sodomy is committed on a female, to imprisonment for a term not exceeding seven (7) years; or

(b) where the act of sodomy is committed on a male, and at the time of the act that male is under the age of 16 years and the offender is of or over the age of 21 years, to imprisonment for a term not exceeding seven (7) years; or

(c) in any other case, to imprisonment for a term not exceeding five (5) years.

(2) Sodomy is complete upon penetration.

(3) It is no defence to a charge under this section that the other party consented.”

Imprisonment for up to 7 years if committed on a male under the age of 16 years and if the offender is over the age of 21.

Otherwise, imprisonment for up to 5 years.

15 Feb 2008

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“A person is liable to imprisonment for a term not exceeding five (5) years who:

(a) attempts to commit sodomy; or

(b) assaults any person with intent to commit sodomy”

Saudi-Arabia

Unmarried men: 100 blows of the whip and banishment for a year.

Non-Muslim: death by stoning

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Senegal

Article 319 (third paragraph)

“Without prejudice to the more serious penalties provided for in the preceding paragraphs
 or by articles 320 and 321 of this Code, whoever will have committed an improper or unnatural act with a person of the same sex will be punished by imprisonment of between one and five years and by a fine of 100,000 to 1,500,000 francs. If the act was committed with a person below the age of 21, the maximum penalty will always be applied.”

Original text:

“Sans préjudice des peines plus graves prévues par lês alinéas qui précédent ou par les articles 320 et 321 du présent Code, sera puni d’un emprisonnement d’un à cinq ans et d’une amende de 100.000 à 1.500.000 francs, quiconque aura commis um acte impudique ou contre nature avec un individu de son sexe. Si l’acte a été commis avec un mineur de 21 ans, le maximum de la peine sera toujours prononcé.”

13 Feb 1978

13 Feb 1978

Sierra Leone

Section 61 of the above named Act criminalizes buggery and bestiality, with a penalty of life imprisonment.

23 Aug 1996

23 Aug 1996

Singapore

Section 377A: Outrages on decency

“Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.”

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Solomon Islands

Section 160: Unnatural offences

“Any person who-

(a) commits buggery with another person or with an animal; or

(b) permits a male person to commit buggery with him or her, shall be guilty of a felony, and shall be liable to imprisonment for fourteen years.”

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“Any person who attempts to commit any of the offences specified in the last preceding section, or who is guilty of
any assault with intent to commit the same, or any indecent assault indecent assaults upon any male person shall be guilty of a felony, and shall be liable to imprisonment for seven years.”

“Any person who, whether in public or private –

(a) commits any act of gross indecency with another of the same sex;

(b) procures another of the same sex to commit any act of gross indecency; or

(c) attempts to procure the commission of any act of gross indecency by persons of the same sex, shall be guilty of a felony and be liable to imprisonment for five years.”

Somalia

Article 409: Homosexuality


“Whoever has carnal intercourse with a person of the same sex shall be punished, where the act does not constitute a more serious crime, with imprisonment from three months to three years. Where the act committed is an act of lust different from carnal intercourse, the punishment imposed shall be reduced by one-third.”

Article 410: Security Measures


“A security measure may be added to a sentence for crimes referred to in Articles 407, 408, and 409.” (Unofficial Translation)

The political situation in Somalia has been complicated since the fall of the dictator Mohamed Siad Barre in 1991, and the enforcement of the national Penal Code can be questioned. However, Somaliland in the north has declared itself independent, and it still applies the Penal Code.

Security measures may be added to the sentence

24 Jan 1990

24 Jan 1990

South Sudan

Section 248: Unnatural Offences”

(1) Whoever, has carnal intercourse against the order of nature with any person and whoever allows any person to have such intercourse with him or her commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding ten years and may also be liable to a fine.
[…]”

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

Fine

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Sri Lanka

Article 365: Unnatural offences

“
Whoever voluntarily has carnal intercourse against the order
of nature with any man, woman or animal, shall be punished with imprisonment of either description for a term which may extend ten years, and shall also be punished with fine and where the offence is committed by a person over eighteen years of
 age in respect of any person under sixteen years of age shall
 be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.”

Explanation – penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

• Imprisonment for a period between 10 years and 20 years;
• Fine; and
• Order to pay compensation

11 Jun 1980

3 Oct 1997

“Any person who, in public or private, commits, or is a party
to the commission of, or procures or attempts to procure the commission by any person of any act of gross indecency with another person, shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend to two years or with a fine, or with both and where the offence is committed by a person over eighteen (18) years of age in respect of any person under sixteen (16) years of age shall be punished worth rigorous imprisonment for a term not less than 10 years and not exceeding 20 years and with a fine and shall also be ordered to pay compensation of amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such a person.”

• Imprisonment for a period between 10 years and 20 years;
• Fine; and
• Order to pay compensation

Sudan

Section 148: Sodomy

“(1) Any man who inserts his penis or its equivalent into
a woman’s or a man’s anus or permitted another man to insert his penis or its equivalent in his anus is said to have committed Sodomy.

(2) (a) Whoever commits Sodomy shall be punished with flogging one hundred lashes and he shall also be liable to five years imprisonment.

(b) If the offender is convicted for the second time he shall be punished with flogging one hundred lashes and imprisonment for a term which may not exceed five years.

(c) If the offender is convicted for the third time he shall be punished with death or life imprisonment.”

Death or life imprisonment if convicted for the third time

18 Mar 1986

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“Whoever commits an act of gross indecency upon the person of another person or any sexual act which does not amount to Zina or Sodomy shall be punished with not more than forty lashes and shall also be liable for imprisonment for a term which may not exceed one year or fine.”

Section 318: Unnatural Offences

“Whoever has carnal intercourse against the order of nature with any person and whoever allows any person to have such intercourse with him commits an offence and shall on conviction, be punished with imprisonment for a term not exceeding ten years and may also be liable to fine; and if such intercourse is done without consent he shall be punished with imprisonment for a term not exceeding fourteen years and may also be liable to fine; provided that a consent given by a person below the age of eighteen years to such intercourse shall not be deemed to be a consent within the meaning of this section.”

Explanation: Penetration is sufficient to constitute the carnal knowledge necessary to the offence described in this section.”

Swaziland

26 Mar 2004

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Syria

Article 520

“Any unnatural sexual intercourse shall be punished with a term of imprisonment of up to three years.”

21 Apr 1969

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Tanzania

Section 154: Unnatural of offences


“(1) Any person who–

(a) has carnal knowledge of any person against the order of nature; or

(b) has carnal knowledge of an animal; or

(c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence,
and is liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years.

(2) Where the offence under subsection (1) of this section is committed to a child under the age of ten years the offender shall be sentenced to life imprisonment.”

11 Jun 1976

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“Any person who attempts to commit any of the offences specified under section 154 commits an offence and shall on conviction be sentenced to imprisonment for a term of not less than twenty years.”


“Any person who, in public or private commits, or is party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, commits an offence and is liable on conviction to imprisonment for a term of not less than one year and not exceeding five years or to a fine not less than one hundred thousand shillings and not exceeding three hundred thousand shillings; save that where the offence is committed
 by a person of eighteen years of age or more in respect of any person under eighteen years of 
age, a pupil of a primary school or a student of a secondary school the offender shall be liable on conviction to imprisonment for a term not less than ten years, with corporal punishment, and shall also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person.”

Fine between 100,000 and 300,000 shillings.

If offence is committed in respect of a person under the age of 18 years, or a primary or secondary school student:

• Imprisonment for a minimum of 10 years with corporal punishment; and
• Order to pay compensation

Togo

Article 88

“Impudent acts or crimes against the nature with an individual of the same sex are punished with imprisonment from one to three years and 100,000-500,000 franc in fine.” (Unofficial translation)

Original text:

“Sera puni d’un emprisonnement d’un à trois ans et d’une amende de 100 000 à 500 000 francs quiconque aura commis un acte impudique ou contre nature avec un individu de son sexe.”

Fine between 100,000 and 500,000 francs

24 May 1984

30 Mar 1988

Tonga

Section 136: Sodomy and bestiality

“Whoever shall be convicted of the crime of sodomy with another person or bestiality with any animal shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years and such animal shall be killed by a public officer.” (Substituted by Act 9 of 1987.)

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“Whoever shall attempt to commit the said abominable crime of sodomy or shall be guilty of an assault with intent to commit the same or of any indecent assault upon any male person shall be liable at the direction of the Court to imprisonment for any term not exceeding 10 years.”

Section 140: Evidence

“On the trial of any person upon a charge of sodomy or carnal knowledge it shall not be necessary to prove the actual emission of seed but the offence shall be deemed complete on proof of penetration only.”

“Whenever any male person shall be convicted of any offence against sections 106, 107, 115, 118, 121, 122, 125, 132, 136 and 139 of this Act the Court may, in its discretion 
in lieu of or in addition to any sentence of imprisonment authorised under this Act order the person so convicted to be whipped in accordance with the provisions of section 31 of this Act.” (Substituted by Act 9 of 1987.)

Tunisia

Article 230

“The sodomy, that is not covered by any of the other previous articles, is punished with imprisonment for three years”.  (Unofficial translation)

Original text:

”La sodomie, si elle ne rentre dans aucun des cas prévus aux articles précédents, est punie de l’emprisonnement pendant trois ans.”

18 Mar 1969

29 Jun 2011

Turkmenistan

Article 135: Sodomy

“(1) Sodomy, that is the sexual relations of the man with the man, is punished by imprisonment for the term of up to two years.” (Unofficial translation)

1 May 1997

1 May 1997

Tuvalu

Section 153: Unnatural offences

“Any person who-

(a) commits buggery with another person or with an animal; or

(b) permits a male person to commit buggery with him or her, shall be guilty of a felony, and shall be liable to imprisonment for 14 years.”

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“Any person who attempts to commit any of the offences specified in the last proceeding section, or who is guilty of any assault with intent to commit the same, or any indecent assault upon any male person shall be guilty of a felony, and shall be liable to imprisonment for 7 years.”

“Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony, and shall be liable to imprisonment for 5 years.”

Uganda

Section 145: Unnatural offences

“Any person who—

(a) has carnal knowledge of any person against the order of nature;

(b) has carnal knowledge of an animal; or

(c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life.”

21 Jun 1995

14 Nov 1995

“Any person who attempts to commit any of the offences specified in section145 commits a felony and is liable to imprisonment for seven years.”

“Any person who, whether in public or in private, commits any act of gross indecency with another person or procures another person to commit any act of gross indecency with him or her or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or in private, commits an offence and is liable to imprisonment for seven years.”

United Arab Emirates

The Arabic text of article 354 is ambiguously phrased and can be translated in different ways. Some sources indicate that the article punishes rape of a woman or forced sodomy with a man, while others indicate that it punishes rape on women and sodomy between men.

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Article 80 of the Dubai Penal Code punishes sodomy with a penalty of up to 14 years imprisonment, while Article 177 of the Abu Dhabi Penal Code punishes such acts with a penalty of up to ten years imprisonment.

AbuDhabi: Imprisonment for up to 10 years.

Uzbekistan

Article 120: Besoqolbozlik* (Homosexual Intercourse)

“Besoqolbozlik, that is, voluntary sexual intercourse of two male individuals – shall be punished with imprisonment up to three years.”

28 Sep 1995

28 Sep 1995

Yemen

Article 264

“Homosexuality between men is defined as penetration into the anus. Unmarried men shall be punished with 100 lashes of the whip or a maximum of one year of imprisonment, married men with death by stoning.”

9 Feb 1987

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“Homosexuality between women is defined as sexual stimulation by rubbing. The penalty for premeditated commission shall be up to three years of imprisonment; where the offence has been committed under duress, the perpetrator shall be punishable with up to seven years detention.”

Imprisonment for up to 7 years if under duress.

Zambia

Section 155: Unnatural offences

“Any person who-

(a) has carnal knowledge of any person against the order of nature; or

(b) has carnal knowledge of an animal; or

(c) permits a male person to have carnal knowledge of him or her against the order of nature;
commits a felony and liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life:

Provided that where a person-

(i) has carnal knowledge of a child against the order of nature;

(ii) causes a child to have carnal knowledge of an animal; or

(iii) permits a male person to have carnal knowledge of 
a male or female child against the order of nature; that person commits an offence and is liable, upon conviction, to imprisonment for not less than twenty-five years and may be liable to imprisonment for life.”

Imprisonment for a minimum of 25 years if committed on a child.

10 Apr 1984

10 Apr 1984

“Any person who attempts to commit any of the offences specified in section one hundred and fifty-five commits a felony and is liable, upon conviction of not less than seven years but not exceeding fourteen years.”

“(1) Any male who, whether in public or private, commits any act of gross indecency with a male child or person, or procures a male child or person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male child or person, whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years.”

“(2) Any female who, whether in public or private, commits any act of gross indecency with a female child or person, or procures a female child or person to commit any act of gross indecency with her, or attempts to procure the commission of any such act by any female person with himself or with another female child or person, whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years.”

“(3) A child who, whether in public or private, commits any
act of gross indecency with another child of the same sex or attempts to procure the commission of any such act by any person with the child’s self or with another child or person
of the same sex, whether in public or private, commits an offence and is liable, to such community service or counseling as the court may determine in the best interests of the child.”

Zimbabwe

Section 73: Sodomy


“(1) Any male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse, or any act involving physical contact
other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act, shall be guilty of sodomy and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding one year or both.

(2) Subject to subsection (3), both parties to the performance of an act referred to in subsection (1) may be charged with and convicted of sodomy.

(3) For the avoidance of doubt it is declared that the competent charge against a male person who performs anal sexual intercourse with or commits an indecent act upon a young male person—

(a) who is below the age of twelve years, shall be aggravated indecent assault or indecent assault, as the case may be; or


(b) who is of or above the age of twelve years but below the age of sixteen years and without the consent of such young male person, shall be aggravated indecent assault or indecent assault, as the case may be; or

(c) who is of or above the age of twelve years but below the
age of sixteen years and with the consent of such young male person, shall be performing an indecent act with a young person.”

13 May 1991

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