Countries where same-sex sex is legal Albania On 20 January 1995 the
Albanian Parliament legalized consensual same-sex sexual relations in Albania.
Andorra Same-sex sexual activity is legal in Andorra. A law prohibiting same-sex sexual activity was abolished in 1791.
Angola Angola legalized same-sex sexual activity in 2021.
Antigua and Barbuda On 5 July 2022, the Eastern Caribbean Supreme Court ruled that sections of the Penal Code that made consensual same-sex intimacy illegal in
Antigua and Barbuda were unconstitutional, and therefore void.
Argentina Same-sex sexual activity was legalized in Argentina in 1887.
Armenia Homosexual sex became legal in Armenia in 2003.
Australia Upon colonisation in 1788, Australia inherited laws from the United Kingdom including the
Buggery Act 1533. These were retained in the criminal codes passed by the various colonial parliaments during the 19th century, and by the state parliaments after
Federation. Male homosexual activity was legalized in
South Australia on 2 October 1975 (there was a defense to a charge of male homosexual activity if both parties in were private and over 21 from 9 November 1972, but male homosexual activity offenses remained until the 1975 repeal), in
New South Wales on 8 June 1984, in
Queensland on 19 January 1991, and in
Tasmania on 14 May 1997.
Austria Homosexual sex was legalized in 1971 in Austria.
Azerbaijan Azerbaijan regained its independence in 1991, and in 2000 repealed its Soviet-era anti-sodomy law.
The Bahamas Same-sex relationships between
consenting adults became legal in the Bahamas in 1991. However, the criminal code still requires a higher age of consent for homosexual acts. The legal age of consent to engage in sexual activity is 16 for straight couples and 18 for same-sex couples.
Bahrain Homosexuality was decriminalized in Bahrain in 1976. However, although no law explicitly criminalizes same-sex sex, authorities have used broadly-phrased penal code provisions against "indecency" and "immorality" or "debauchery" () to target people who have it.
Barbados Before the December 2022 ruling by the Barbados High Court that struck down buggery and gross indecency laws in Barbados, same-sex and different-sex anal and oral sex were criminalised in Barbados under Chapter 154, Sections 9 and 12 of the
Sexual Offences Act. Section 9 criminalised "buggery," regardless of whether the act was done in private and consensual, or whether it was done between two men or a man and a woman. Section 12 criminalised "serious indecency," which was defined as any act "involving the use of the genital organs for the purpose of arousing or gratifying sexual desire." Punishment for "buggery" was life imprisonment, while the maximum penalty for "serious indecency" was ten years in prison if the act was committed on or towards a person aged 16 or older.
Belarus In 1994, homosexuality was decriminalized in Belarus.
Belgium Same-sex sexual activity has been legal since 1795, when the country was a French possession.
Belize Homosexual sex was decriminalized in Belize in 2016.
Benin Homosexual sex is legal in Benin.
Bolivia Same-sex sexual activity has been legal in Bolivia since 1832.
Bosnia and Herzegovina Bosnia and Herzegovina is a federation consisting of two
entities, namely the
Federation of Bosnia and Herzegovina and the
Republika Srpska. Same-sex sexual activity was legalized in the Federation of Bosnia and Herzegovina in 1996 and in the Republika Srpska in 1998, by those two entities adopting their own criminal laws. The
Brčko District followed suit and legalized homosexuality in 2003, making it legal nationwide since then.
Botswana Same-sex sexual acts became legal in Botswana on 11 June 2019. Previously, sodomy, whether heterosexual or homosexual, was criminalised, punishable by up to seven years' imprisonment. The law criminalising such sexual activity applied to both men and women. Initially, its application was limited to men only (similar to other colonies of the
British Empire), however, a Botswana court found this to be discriminatory and that the law should apply to women as well.
Brazil During the Portuguese colonization of Brazil, homosexuality was illegal in the country between 1533 and 1830, due to the imposition of the Portuguese Penal Code, which was influenced by the British
Buggery Act 1533. In 1830, eight years after the end of the Portuguese domain, sodomy laws were eliminated from the new Penal Code of Brazil.
Bulgaria Homosexuality was legalized in Bulgaria in 1968.
Cambodia Private, adult, non-commercial and consensual sexual activity between people of the same sex is legal in Cambodia, and was never criminalized in the history of the country.
Canada Before 1859, the
Province of Canada prosecuted sodomy under the English Buggery Act. In 1859, the Province of Canada enacted its own
buggery law in the Consolidated Statutes of Canada as an offence punishable by death. Buggery remained punishable by death until 1869. A broader law targeting all homosexual male sexual activity ("gross indecency") was passed in 1892, as part of a larger update to the criminal law of the new dominion of Canada. Changes to the
Criminal Code in 1948 and 1961 were used to brand gay men as "criminal sexual psychopaths" and "dangerous sexual offenders." These labels provided for indeterminate prison sentences. Most famously,
George Klippert, a homosexual, was labelled a dangerous sexual offender and sentenced to life in prison, a sentence confirmed by the
Supreme Court of Canada in 1967. He was released in July 1971. Sodomy was decriminalized after the
Criminal Law Amendment Act, 1968-69 (Bill C-150) received royal assent on 27 June 1969. The offences of buggery and "gross indecency" were still in force, however the new act introduced exemptions for married couples, and any two consenting adults above the age of 21 regardless of gender or sexual orientation. The bill had been originally introduced in the House of Commons in 1967 by then Minister of Justice
Pierre Trudeau, who famously stated that "there's no place for the state in the bedrooms of the nation". Revisions to the
Criminal Code in 1987 repealed the offence of "gross indecency", changed "buggery" to "anal intercourse" and reduced the age exemption from 21 to 18. Section 159 of the
Criminal Code continued to criminalize anal sex in general, with exemptions (provided no more than two people are present) for husbands and wives, and two consenting parties above the age of 18. Subsequent
case law held that section 159 was
unconstitutional, thus anal sex was
de facto legal between any two or more
consenting persons above the
age of consent (14). In the 1995
Court of Appeal for Ontario case
R. v. M. (C.) the judges ruled that the law was unconstitutional on the basis that the specific exemptions based on marital status and age infringed on the
equality rights guaranteed by
section 15 of the
Charter of Rights and Freedoms, and constituted discrimination based on sexual orientation. A similar decision was made by the
Quebec Court of Appeal in the 1998 case
R. v. Roy. In a 2002 decision regarding a case in which three people were engaged in sexual intercourse, the
Court of Queen's Bench of Alberta declared section 159 in its entirety to be null, including the provisions criminalizing anal sex when more than two persons are taking part or present.
NDP MP Joe Comartin introduced
private member's bills in 2007 and 2011 to repeal section 159 of the
Criminal Code, however neither passed first reading. In June 2019, C-75 passed both houses of the
Parliament of Canada and received
royal assent, repealing section 159 effective immediately and making the age of consent equal at 16 for all individuals.
Cape Verde Cape Verde decriminalized same-sex sexual activity in 2004.
The Cayman Islands Same-sex sex was decriminalized in the Cayman Islands in 2001.
The Central African Republic Homosexuality has never been criminalized in the Central African Republic.
Chile Consensual sex between two same-sex adults was decriminalized in 1999, but with a higher age of consent set at 18. Since August 2022, the age of consent was equalised to 14 with heterosexuals under a recently implemented law.
China Sodomy was never explicitly criminalized in China, but private sex between unmarried people was illegal until 1997, and same-sex marriage is not legal in China. The
Chinese Supreme Court ruled in 1957 that voluntary sodomy was not a criminal act.
Hong Kong In Hong Kong sex between men in private was legalized for those 21 years or older in 1991. However, an unequal
age of consent was established (21 for
gay men and 16 for heterosexuals) with the law remaining silent about lesbianism. LGBT rights groups lobbied the
Legislative Council to equalise the age of consent law, but were told by conservative lawmakers that the legal inequality was necessary to protect youth and preserve tradition. A lawsuit was initiated to challenge the unequal age of consent in court. In 2005,
Justice Hartmann found that the unequal age of consent was unconstitutional under the
Bill of Rights Ordinance, violating the right to equality. The ruling was upheld by the
Court of Appeal, but the provisions were not formally removed from the Crimes Ordinance (Cap. 200), making the age of consent for gay sex 16 (like heterosexual sex) until 2014. On 30 May 2019, in the
Yeung Chu Wing v Secretary for Justice case, the
High Court ruled in favour of Yeung Chu-wing, an LGBT activist who brought the lawsuit against the government in 2017, and struck down four further provisions under the Crimes Ordinance (Cap. 200) imposing higher penalties for offences committed by homosexual men. Three further provisions were remedially interpreted such that they would no longer discriminate against homosexuals. It abolished the crimes of "procuring others to commit homosexual buggery" and "gross indecency with or by a man under 16". He also overturned "gross indecency by a man with a man otherwise than in private" and "procuring gross indecency by a man with a man". The three offences that now apply to both genders are "homosexual buggery with or by a man under 16", "gross indecency by a man with a male mentally incapacitated person", and "permitting a young person to resort to or be on a premises or vessel for intercourse, prostitution, buggery or homosexual acts". This comes after 20 years of activism to change these laws, in which the government either refused or delayed; the secretary for justice during the trial, however, conceded to nearly all the changes, and agreed that these laws targeting gay men are incompatible with the
Basic Law.
Colombia Homosexuality was decriminalized in Colombia in 1981.
Cook Islands Homosexuality was decriminalized in the Cook Islands by an act of Parliament on 1 June 2023. Prior to that, male homosexual activity was illegal in the Cook Islands under the Crimes Act 1969. Consensual male sodomy was punishable by up to seven years' imprisonment, while indecency between males was punishable by up to five years' imprisonment. The law was inherited from the former
British Empire. Prosecutions were rare, however.
Costa Rica Homosexuality has been legal in Costa Rica since 1971.
Croatia Same-sex sexual activity was legalized in Croatia in 1977 setting the age of consent at 18 for homosexuals and 14 for heterosexuals. The age of consent was then equalized in 1998 when it was set at 14 by the Croatian Penal Code for everyone, and later raised to 15 with the introduction of a new
Penal Code on 1 January 2013. There is an exemption to this rule if the age difference between the partners is three years or less.
Cuba Private, non-commercial sexual relations between same-sex consenting adults 16 and over have been legal in
Cuba since 1979.
Cyprus Cyprus decriminalized homosexuality in 1998.
The Czech Republic Homosexuality has been decriminalized in the Czech Republic since 1962.
Democratic Republic of the Congo Same-sex sexual activity is legal in the Democratic Republic of the Congo. Age of consent is equal, regardless of sex.
Denmark In 1933, Denmark decriminalized homosexuality.
Djibouti There is no law in Djibouti that mentions that same-sex sexual activity is illegal; however, the authorities can prosecute the public display of same-sex sexual conduct under laws prohibiting attacks on “good morals".
Dominica In April 2024, the High Court of
Dominica ruled that sections 14 and 16 of the Sexual Offences Act, that criminalised consensual same-sex activity between adults, were unconstitutional. Prior to that ruling, both male and female types of same-sex sexual activity were illegal in
Dominica, as was
anal intercourse between persons of the opposite sex.
Dominican Republic Consensual same-sex sexual acts between adults in private have been legal in the Dominican Republic since 1822 and the age of consent is set equally at 18 years of age. In 2025, the Constitutional Court struck down provisions of the 1966 Police Justice Code and the Armed Forces Justice Code which prohibited same-sex sexual activity among servicemembers, with penalties up to six months.
Fiji Since 1 February 2010, private, adult, consensual and non-commercial male and female homosexual conduct has been legal under the
Crimes Decree 2009.
Finland Homosexual sex has been legal in Finland since 1971.
France In
France, the Penal Code of 1791 decriminalized sodomy; this was followed by the
Napoleon Penal Code in 1810, which decriminalized sodomy in the part of continental Europe that had been conquered by France, which was most of it. The clause against homosexuality was adopted due to a wish of Parliament, as follows: This
ordonnance was adopted by the executive after it was authorised by Parliament to take legislative measures against national scourges such as alcoholism.
Paul Mirguet, a Member of the National Assembly, felt that homosexuality was also a scourge, and thus proposed a sub-amendment, therefore known as the Mirguet amendment, tasking the Government to enact measures against homosexuality, which was adopted. This Article 330 alinea 2 was repealed in 1980 as part of an act redefining several sexual offenses. In 1982, under president
François Mitterrand, the law from 1942 (
Vichy France) making the age of consent for homosexual sex higher (18) than for heterosexual sex (15) was also repealed, despite the vocal opposition of
Jean Foyer in the
National Assembly.
Germany Paragraph 175, which punished sex between men, was enacted in 1871 and repealed in 1994. In 1935, the Nazis broadened the law so that the courts could pursue any "lewd act" whatsoever, even one involving no physical contact, such as
masturbating next to each other. Furthermore, the
Gestapo could transport suspected offenders to
concentration camps without any legal justification at all (even if they had been acquitted or already served their sentence in jail). Thus, over 10,000 homosexual men were forced into concentration camps, where they were identified by the
pink triangle. The majority of them died there. In 1945, after the concentration camps were liberated, some homosexual prisoners were recalled to custody to serve out their two-year sentence under Paragraph 175. In 1950, East Germany abolished Nazi amendments to Paragraph 175, whereas West Germany kept them and even had them confirmed by its
Constitutional Court. In 1969, the government eased Paragraph 175 by providing for an age of consent of 21. The age of consent was lowered to 18 in 1973, and finally, in 1994, the paragraph was repealed and the age of consent lowered to 16, the same that is in force for heterosexual acts. Male homosexual practice was decriminalized in 1951. Lesbians were not mentioned or acknowledged in the Greek Criminal Code. The Penal Code outlawed male prostitution and provided for a higher age of consent of 17 for male homosexual acts. However, this provision was abolished resulting in equalization of the age of consent at 15 and the legalization of
male prostitution, subject to existing laws on the regulation of prostitution.
Haiti The
French Penal Code of 1791, adopted between 25 September and 6 October 1791, extended to
Saint-Domingue. When Haiti became independent from France in 1804, no law that criminalized consensual same-sex sexual acts was introduced, and no such law has come into the penal code since.
Hungary Homosexuality in Hungary was decriminalized in 1962,
Paragraph 199 of the Hungarian Penal Code from then on threatened "only" adults over 20 who engaged themselves in a consensual same-sex relationship with an underaged person between 14 and 20. Then in 1978 the age was lowered to 18. Since 2002, by the ruling of the
Constitutional Court of Hungary repealed Paragraph 199 – Which provided an equal age of consent of 14, regardless of sexual orientation or gender. Since 1996, the
Unregistered Cohabitation Act 1995 was provided for any couple, regardless of gender or sexual orientation and from 1 July 2009 the
Registered Partnership Act 2009 becomes effective, and provides a registered partnership just for same-sex couples – since that opposite-sex already have marriage, this would in-turn create duplication.
Iceland Section 178 of the Penal Code of Iceland criminalized same-sex relations in Iceland between 1869 and 1940. In 1992, the age of consent was set at 14, and in 2007 it was raised to 15, regardless of gender and sexual orientation.
India On 2 July 2009, in the case of
Naz Foundation v National Capital Territory of Delhi, the High Court of Delhi struck down much of
S. 377 of the IPC, which criminalized various sexual acts, as being unconstitutional. On 11 December 2013, the Supreme Court of India
overturned the ruling in
Naz Foundation v. National Capital Territory of Delhi, effectively re-criminalizing homosexual activity until action was taken by parliament. However, on 12 July 2018, a Constitution bench of the Supreme Court of India started hearing a review petition over its 2013 judgment. On 6 September 2018, in
Navtej Singh Johar v. Union of India, the Supreme Court struck down the part of S. 377 criminalizing consensual homosexual activities. It upheld that other aspects of S. 377 criminalizing unnatural sex with minors and animals will remain in force.
Ireland In the
Republic of Ireland, the Criminal Law (Sexual Offences) Act 1993 abolished the offence of "buggery between persons". For some years prior to 1993, criminal prosecution had not been made for buggery between consenting adults. The 1993 Act created an offence of "buggery with a person under the age of 17 years", penalised similar to
statutory rape, which also had 17 years as the
age of consent. The
Criminal Law (Sexual Offences) Act 2006 replaced this offence with "defilement of a child", encompassing both "sexual intercourse" and "buggery". Buggery with an animal is still unlawful under Section 69 of the Sexual Offences Act 2003. In 2012, a man was convicted of this offence for supplying a dog in 2008 to a woman who had intercourse with it and died; he received a
suspended sentence and was required to sign the
sex offender registry, ending his career as a
bus driver.
Israel The newly formed government of
Israel continued in British tradition with enforcing their laws regarding the criminalization of homosexual relationships as well as other acts that the government deemed immoral or unnatural which included acts of gender fluidity. In 1953, the
Attorney General of Israel,
Haim Cohn, issued a directive ordering the police to refrain from enforcing the law against homosexual acts between consenting adults. The
Israeli Supreme Court likewise ruled in 1963 that the law should not be applied to acts between consenting adults in private. The ban on consensual same-sex sexual acts was formally repealed by the
Knesset in 1988 by omitting it from the criminal code.
Italy In 1786
Pietro Leopoldo of Tuscany became the first ruler in the world to end the death penalty, including for the crime of sodomy. previously it was made legal in
Tuscany since 1853 (as the
Grand Duchy of Tuscany), in
Sicily since 1819 (as the
Kingdom of the Two Sicilies),
The Ivory Coast Homosexuality is legal and has never been criminalized within the Ivory Coast.
Japan Sodomy was first criminalized in Japan in 1873, in the early
Meiji era. But this provision was repealed only seven years later by the Penal Code of 1880 in accordance with the
Napoleonic Penal Code. Since June 2023, the age of consent has been set at 16 years.
Kazakhstan Both male and female same-sex sexual activity have been legal in Kazakhstan since late 1997, when under the revised criminal code same-sex relations between consenting adults was no longer a criminal offence.
Luxembourg Same-sex sexual activity was decriminalised in 1794, when the country was a French possession. Article 372 of the Penal Code sets the age of consent to 16, regardless of sexual orientation or gender. This was increased to 18 for same-sex sexual activity in 1971 by the addition of article 372 to the Penal Code, which was repealed in 1992.
Macau Same-sex sexual activity was legalized in Macau in 1996.
Malta Same-sex sexual activity has been legal in Malta since January 1973. The age of consent is equal regardless of sexual orientation or gender at 16 years of age.
Mauritius Consensual sodomy was decriminalized by the Supreme Court of
Mauritius in a decision dated 4 October 2023. Previously, Section 250(1) of the Mauritius Criminal Code of 1838 held that "Any person who is guilty of the crime of sodomy ... shall be liable to penal servitude for a term not exceeding 5 years." Under the Supreme Court's 2023 judgement, the section should "be read so as to exclude such consensual acts from [its] ambit."
Mongolia All mentions of homosexuality were removed from the Mongolian Criminal Code in 1993, effectively legalizing private and consensual same-sex sexual activity. The age of consent is 16, regardless of sexual orientation.
Monaco Same-sex sexual activity is legal. Criminal penalties for homosexual acts were eliminated in 1793 due to the adoption of
French laws.
Namibia The High Court of Namibia in
Windhoek ruled that Namibia's common law crimes of “sodomy” and “unnatural sexual offences” were unconstitutional and invalid on 21 June 2024. The court also ruled on the same day that the inclusion of references to the crime of sodomy in the
Criminal Procedure Act, Immigration Act, and
Defense Act were similarly unconstitutional and invalid.
Nepal Before the transition from the
Kingdom of Nepal to the
Federal Democratic Republic of Nepal in 2007, private homosexual relations between consenting adults was a crime. Article 1 of Chapter 16 of the National Code (1963), locally referred to as "Muluki Ain", criminalized “unnatural sexual intercourse”. But in 2007, the Supreme Court of Nepal ruled that same-sex sexual intercourse was not to be construed as “unnatural”. While the new Criminal Codes Act (2008), which replaced the Muluki Ain, appears to continue to criminalize “unnatural sex”, it should be read in light of this case. The age of consent in Nepal is 18, regardless of gender and sexual orientation.
New Zealand Male homosexual intercourse was first criminalized in New Zealand when New Zealand adopted England's law with the English Law Act 1858 and adopted
British law making "
buggery" a crime with a maximum sentence of death. (In practice, New Zealand used the
death penalty only for offences of murder and once for treason before abolishment in 1961). In 1861, Britain replaced the death penalty for buggery with life imprisonment and New Zealand enacted similar legislation six years later. In 1986 homosexual sexual activity between men was legalized in New Zealand, with the age of consent set at 16, the same as for heterosexuals.
North Korea The 1950 criminal code (amended 2009) does not explicitly criminalize same-sex sexual activity. However, articles 193 and 262 of the amended criminal code outlaw the creation, distribution and possession of "decadent" culture and sexually explicit media as well as engaging in "obscene" activities. In 2011,
The Korea Times, a South Korean publication, reported that North Korea had executed a lesbian couple, a North Korean woman and Japanese woman, for being influenced by
capitalism and "bringing corruption of public morals". In the article, the source was
Free North Korea Radio, itself a project of the Defense Forum Foundation, a U.S. government sponsored
nonprofit organization. In 2023, the South Korean
Ministry of Unification published a 584-page report "North Korean Human Rights Report". According to the report, defector testimony alleged that at least one male detainee in a
detention camp was secretly executed for homosexuality in 2014.
Norway Same-sex sexual intercourse between men has been legal in Norway since 1972.
The Philippines Non-commercial, private, consensual sexual activity between people of the same-sex is legal in the Philippines. The age of consent law is set at the legally and equally restricted permissible minimum age of 16 years for all individuals from that age and others above that age as well, regardless of sexual orientation and gender identity. However, any form of sexual conduct or affection that occurs in public may be subject to the "grave scandal" prohibition in Article 200 of the Revised Penal Code, which states: "ARTICLE 200. Grave Scandal.—The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code."
Poland During the
Partitions of Poland (1795–1918) and the
German occupation of Poland (1939–1945), laws prohibiting homosexuality were imposed on some territories that make up the modern Polish state. A notable exception was the
Napoleonic Code, which was introduced in 1808 and decriminalized homosexuality in parts of Poland until it was overturned by a Tsarist decree in 1835. Following
World War I, same-sex activity continued to be formally criminalized in now-independent Poland, because the penal codes of the
Russian Empire, the
Kingdom of Prussia and the
Austria-Hungarian Empire remained in power. They mostly criminalized male same-sex acts, though the Austrian code included broader provisions against so-called "same-sex fornication" and was also used against women. In 1948 during the
Polish People's Republic,
age of consent was set to 15, equal to that of
heterosexual partners.
Portugal During the period of the
Portuguese Inquisition, female homosexual activity was not actively prosecuted due to a 1645 ruling; one of the few cases of prosecuting a woman (
Maria Duran) for same-sex sexual activity came in 1741, but she was prosecuted for causing distress to her sexual partners, not for her activity. Same-sex sexual activity was first decriminalised in 1852, under
Mary II and
Ferdinand II of the
Kingdom of Portugal, but it was made a crime again in 1886, under
Louis I, and Portugal gradually became more oppressive of homosexuals until and throughout the dictatorship years. It was not until 1982 that same-sex sexual activity was decriminalised again, and the age of consent was equalized with heterosexual activity in 2007.
Republic of the Congo Same-sex relationships have been legal in the Republic of the Congo since 1940. The text of the 1940 Penal Code, as amended in 2006, only prohibits same-sex sexual behavior with a person younger than 21 years. There is an unequal age of consent however, with it being 18 for opposite-sex sexual activity.
Romania Homosexual sex was legalized in Romania in 2002.
Russia Same-sex sexual activity has been legal since 1993 for consenting men and was not criminalized for women.
Rwanda Homosexual sex is legal in Rwanda.
Saint Kitts and Nevis Following a ruling of the Eastern Caribbean Supreme Court on August 29, 2022, consensual same-sex intercourse between adults in private is no longer illegal in Saint Kitts and Nevis. Previously, Sections 56 and 57 of the "Offences Against the Person Act" criminalized same-sex sexual activity. The Court ruled that the sections violated the Saint Kitts and Nevis constitutional provisions guaranteeing a right to privacy and freedom of expression. The ruling had immediate effect. In 2011, the government of St. Kitts and Nevis said it had no mandate from the people to abolish the criminalization of homosexuality among consenting adults. However, despite the existence of the law on the books, there had been no known prosecution of same-sex sexual activity, according to the government.
Saint Lucia Same-sex sexual activity was illegal for males in Saint Lucia until July 29, 2025, when the Eastern Caribbean Supreme Court struck down colonial-era laws against buggery and gross indecency as unconstitutional. When Vojvodina was reintroduced fully into the Republic of Serbia legal system during the breakout of Yugoslavia, it was recriminalized again, until 1994, when it was decriminalized in the entire Serbia.
Singapore Section 377A of the
Singapore Penal Code, introduced during British colonial rule, criminalised "outrage of decency" and additionally punish commission, solicitation, or attempted male same-sex "gross indecency", with "imprisonment of up to two years". Section 377 was added by the British in 1858 for its colonies. The law was inherited into Singapore in 1871, with 377A introduced into the Penal Code in 1938. In October 2007, during a Penal Code review, Singapore repealed Section 377 of the Penal Code, but 377A remained on the books as an
unenforced law. On 29 November 2022, the
Parliament of Singapore voted to repeal Section 377A in its entirety. It was officially repealed on 3 January 2023 and struck off the books.
South Africa The common-law crimes of sodomy and "commission of an
unnatural sexual act" in South Africa's
Roman-Dutch law were declared to be unconstitutional (and therefore invalid) by the
Witwatersrand Local Division of the
High Court on 8 May 1998 in the case of
National Coalition for Gay and Lesbian Equality v Minister of Justice, and this judgment was confirmed by the
Constitutional Court on 9 October of the same year. Despite the abolition of sodomy as a crime, the
Sexual Offences Act, 1957 set the
age of consent for same-sex activities at 19, whereas for opposite-sex activities it was 16. This was rectified by the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, which comprehensively reformed the law on sex offences to make it gender- and orientation-neutral, and set 16 as the uniform age of consent. In 2008, even though the new law had come into effect, the former inequality was retrospectively declared to be unconstitutional in the case of
Geldenhuys v National Director of Public Prosecutions.
Sweden Sweden legalised same-sex sexual activity in 1867, with the age of consent set at 18. In 1987, in order to combat the spread of
HIV, the
Riksdag passed a law against sex in
gay saunas and against prostitution, but it was repealed in 2004.
Bestiality was legalized in 1944, but it was again criminalized in 2014. The relevant legal provision is today found in Chapter 2, 10 § of the Swedish Animal Welfare Act of 2018: "It is forbidden to perform sexual acts with animals. The prohibition does not cover acts performed for veterinary reasons or in connection with breeding or for similar legitimate reasons." Violations of this provision are punishable with a fine or with imprisonment for a maximum of two years (Chapter 10, 2 § of the above Act).
Taiwan Explicit prohibitions of "consenting
ji jian (; sodomy)" were abolished around 1912, when the
Republic of China was established. The criminal code contained no provisions prohibiting consensual same-sex sexual activity between adults.
Tajikistan Same-sex sexual activity has been legal in Tajikistan since May 1998. The age of consent in Tajikistan is 16, regardless of gender or sexual orientation.
Thailand Anti-sodomy legislation was repealed in Thailand in 1956.
United Kingdom In
England,
Henry VIII introduced the first legislation under English civil law against sodomy with the
Buggery Act 1533 in 1533, making
buggery punishable by death. The official punishment for those convicted remained the death penalty until 1861 in England and Wales, and 1887 in Scotland, though it was not used for sodomy in England after 1835, or for sodomy between adults during the 1800s in Scotland.
Section 11 of the
Criminal Law Amendment Act 1885 of the United Kingdom stated, "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 any term not exceeding two years, with or without hard labour." The
Sexual Offences Act 1967 (c. 60) is an
act of Parliament in the United Kingdom. It legalized homosexual acts in
England and Wales, on the condition that they were consensual, in private and between two men who had attained the age of 21. Same-sex sexual activities were legalized in Scotland on the same basis as in the 1967 Act, by section 80 of the
Criminal Justice (Scotland) Act 1980, which came into force on 1 February 1981.
Dudgeon v United Kingdom (1981) was a
European Court of Human Rights (ECtHR) case, which held that
Section 11 of the
Criminal Law Amendment Act 1885, which criminalized male homosexual acts in England, Wales and Northern Ireland, breached the defendant's rights under Article 8 of the
European Convention on Human Rights. The relevant decriminalizing legislation was an
Order in Council, the
Homosexual Offences (Northern Ireland) Order 1982.
United States Sodomy laws in the United States were largely a matter of
state rather than federal jurisdiction, except for laws governing the
US Armed Forces.
Illinois became the first American jurisdiction to repeal its law against consensual sodomy in 1961; in 1962, the
Model Penal Code recommended all states do so.
Bowers v. Hardwick, 478 U.S. 186 (1986), was a
landmark decision of the
U.S. Supreme Court that upheld, in a 5–4 ruling, the constitutionality of a
Georgia sodomy law criminalizing
oral and
anal sex in private between consenting adults, in this case with respect to homosexual sodomy, though the law did not differentiate between homosexual and heterosexual sodomy.
Lawrence v. Texas, 539 U.S. 558 (2003), is a
landmark decision of the
United States Supreme Court in which the Court ruled that U.S. state laws
criminalizing sodomy between consenting adults are
unconstitutional. but went on to say that despite the application of
Lawrence to the military, Article 125 can still be upheld in cases where there are "factors unique to the military environment" that would place the conduct "outside any protected liberty interest recognized in
Lawrence." Examples of such factors could be fraternization, public sexual behavior, or any other factors that would adversely affect good order and discipline. and
United States v. Bullock. As of 2024, 12 states still had laws against consensual sodomy; in 2013, police in
East Baton Rouge Parish, Louisiana, arrested gay men for "attempted crimes against nature" despite the law having been ruled unconstitutional and unenforceable.
Uruguay Same-sex sexual activity was decriminalized in Uruguay in 1934.
Vanuatu Same-sex sexual activity is legal in Vanuatu. Since the Penal Code (Amendment) Act 2006 commenced in 2007, the age of consensual sex in Vanuatu has been 15 years regardless of sex or sexual orientation.
Vatican City Since 1890, the territory of what is now Vatican City has had no criminal laws against non-commercial, private, adult and consensual same-sex sexual activity.
Venezuela Homosexuality has never been punishable since Venezuelan independence, Venezuela being together with Bolivia the only two countries in South America that have not criminalized homosexuality since their formation as sovereign states. However, within the framework of the "law on lazy people and thugs" (pre-criminal behavior laws as in Europe and Latin America during the 20th century) the situation changed slightly; In Venezuela, unlike Spain, this law did not expressly refer to homosexuals, although it was occasionally applied to homosexuals, transgender and/or transsexuals who practiced prostitution, as well as to sex workers in general, as reported by Amnesty International. People subjected to this legislation by "administrative acts" could be placed under "reeducation programs" in "special places of confinement" without trial, as also happened in many other countries, including Spain. This law was declared unconstitutional by the Supreme Court of Justice in 1997. The age of consent is equal regardless of gender or sexual orientation at 16.
Vietnam Both female and male same-sex sexual activities between consenting adults are legal and never have been criminalized in Vietnamese history.
Countries where same-sex sex is illegal Afghanistan Homosexuality is illegal in Afghanistan for both women and men.
Algeria Article 338 of Algerian law (English translation) reads: "Anyone guilty of a homosexual act is punishable with imprisonment of between 2 months and two years, and with a fine of 500 to 2000
Algerian Dinars. If one of the participants is below 18 years old, the punishment for the older person can be raised to 3 years' imprisonment and a fine of 10,000 dinars" Article 333 of the Algerian law (English translation) reads:
Bangladesh Formal laws against homosexuality were imposed by the British when Bangladesh was a part of
British India; they were enacted in 1860 through the
Indian Penal Code and went into effect in 1862. These laws were carried over into the
Pakistan Penal Code following the
partition of India in 1947, and continue to be part of Bangladesh's legal code since its independence from Pakistan in 1971.
Brunei Same-sex sexual activity became illegal in Brunei in 1906 when the sultanate became a British Protectorate.
Burkina Faso Prior to 2025, male and female types of same-sex sexual activity had always been legal in Burkina Faso, with an equal age of consent implemented in 1996. In July 2024, the military junta, led by
Ibrahim Traoré, in power since the
September 2022 Burkina Faso coup d'état, adopted an amended family code draft which would make consensual same-sex relations and the promotion of such a criminal offense. Since 1 September 2025, the new criminal code has come into force banning any homosexual acts and promotion of homosexuality or "similar" behaviour (i.e. LGBTQ activities) with 2 to 5 years in prison and a fine as punishment. Foreign nationals who violate the law will be deported. The legislation was passed unanimously by the unelected 71-member transitional parliament. The legislation took effect immediately.
Burundi According to an unofficial English translation of Article 567 of the Burundi Penal Code, a person who has sexual relations with someone of the same sex may be punished with imprisonment for three months to two years and a fine of 50,000 to 100,000 francs.
Cameroon Homosexuality is illegal in Cameroon.
Chad Same-sex sexual activity is illegal in Chad since 2017. Previous to that there were no restrictions.
The Comoros Both male and female same-sex sexual acts are illegal in Comoros. Article 300 of the new 2020 Penal Code establishes that "Any act of a sexual nature contrary to morality or unnatural shall be punished with a sentence of six months to two years and a fine of 100,000 to 300,000 francs." Previously, the 1982 Penal Code established that such acts were punished with up to five years imprisonment and a fine of 50,000 to 1,000,000 francs.
Eswatini Male homosexuality is illegal in
Eswatini, though this law is in practice unenforced. According to the 2021
Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Ethiopia The previous
Penal Code of the country, enacted in 1957, encompassed a dedicated chapter addressing "sexual deviations." Contained within this chapter, Article 600 prescribed punitive measures for engaging in sexual acts or any other conduct deemed "indecent" with a person of the same sex. The prescribed penalties ranged from imprisonment for a period of 10 days to three years. The current Penal Code, enacted in 2004, continues to proscribe same-sex sexual activity as a criminal offense. As per the provisions outlined in Article 629, individuals found involved in such activities may face imprisonment, with a minimum sentence of one year, as explicitly delineated in Article 630. Additionally, under Article 630(1)(b), “making a profession” of such acts aggravates the penalty to up to 10 years.
Guyana In common with other former British colonies, Guyana had criminal codes imposed by its colonial rulers. Prohibitions against "
buggery", "gross indecency", and "indecent behavior" were widely enacted across the British Empire in the nineteenth century. Although the terms are not explicitly defined in law, their
English common law interpretation was well established by the time the
Criminal Law (Offences) Act(1893) was introduced in Guyana. The country inherited the Act itself and the common law understanding of its provisions; these were retained following independence, long after the repeal of such offences in Britain. The criminalization of same-sex activity under the Act is contained in the following provisions:'
Iran Homosexual sex is illegal in Iran and is punishable by
execution, imprisonment, lashings, and fines.
Iraq In 2024, there were plans to make homosexual relations in Iraq punishable by up to death, but the law was revised before being quietly passed later that year to lower the punishment to 15 years in jail with fines and deportation.
Jamaica In Jamaica, homosexuality is illegal. Consensual sexual intercourse between same-sex partners is legally punishable by up to 10 years of imprisonment with
hard labour.
Kenya Expressions of homosexuality are illegal under Kenyan statutes and carry a maximum penalty of 14 years' imprisonment, or 21 years under certain aggravating circumstances. Sex acts between women are mentioned under the gender-neutral term "person" in Section 162 of the Penal Code and are enforced equally. On 28 November 2010, Prime Minister
Raila Odinga called for women or men engaging in same-sex activity to be arrested.
Kuwait Consensual sexual activity between males is illegal under Kuwait's penal code. No laws specifically criminalise same-sex sexual activity between women. The relevant law states: The penal code also covers "public indecency":
Malawi The Malawi Penal Code provides:
Malaysia Section 377 of the Malaysian
Penal Code prohibits
carnal intercourse "against the order of nature", with Section 377A stating, "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." Section 377B of the code reads, "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."
Oman Homosexual sex is illegal for both women and men in Oman.
Palestine On 18 September 1936, the
criminal code of
Mandatory Palestine, British Mandate Criminal Code, which drew from
Ottoman law or English law, was enacted. Section 152(1)(b)(c) of the code states that any person who "commits an act of sodomy with any person against his will by the use of force or threats" or "commits an act of sodomy with a child under the age of sixteen years" is liable for imprisonment up to 14 years, while Section 152(2)(b) states that anyone who has "carnal knowledge" of anyone acting "against the law of nature" is liable for a prison term up to 10 years. Palestinian academic Sa'ed Atshan argued that this criminal code was an example of British export of
homophobia to the
Global South. The present applicability of this law is disputed. The
Human Dignity Trust states that the criminal code is still "in operation" in Gaza albeit with scarce evidence of its enforcement, and
Human Rights Watch states that the criminal code is still "in force" in Gaza.
Amnesty International does not report same-sex sexual activity as being illegal in any Palestinian territory but emphasizes that Palestinian authorities do not stop, prevent or investigate homophobic and transphobic threats and attacks. The editor-in-chief of the
Palestinian Yearbook of International Law, Anis. F. Kassim argued that the criminal code could be "interpreted as allowing homosexuality." The decriminalization of homosexuality in Palestine is a patchwork. On the one hand, the British Mandate Criminal Code was in force in Jordan until 1951, with the Jordanian Penal Code having "no prohibition on sexual acts between persons of the same sex," which applied to the
West Bank, On the other, the
Palestinian Authority has not legislated either for or against homosexuality. Legalistically, the confused legal legacy of foreign occupation –
Ottoman,
British, Jordanian,
Egyptian and Israeli – continues to determine the erratic application or non-application of the criminal law to same-sex activity and gender variance in each of the territories. A correction issued by the
Associated Press in August 2015 stated that homosexuality is not banned by law in the Gaza Strip or West Bank, but is "largely taboo," and added "there are no laws specifically banning homosexual acts." In 2018,
Human Rights Watch noted that laws in the West Bank and the Gaza Strip include a combination of unified laws passed by the
Palestinian Legislative Council and ratified by the
President of Palestine, and stated that laws from the former British Mandate, Egypt, and Jordan still apply when unified laws have not been issued. However, HRW added that Hamas has issued separate decrees and has not applied presidential decrees by the
President of Palestine. Also, the organization reported that articles 258 and 263 of the draft penal code, in 2003, for Palestine, contained "provisions that criminalize adult consensual same sex conduct". However, it is not known whether this code, which prohibited sexual intercourse with women who are over 18 in an "illicit manner" with imprisonment, a prison term of up to five years if they are related to the said woman or up to ten years for those who engage in
rape, and up to five years in prison for a male who "commits the act of sodomy with another male", was implemented.
Qatar Homosexuality was made illegal in British-controlled Qatar via the Indian Penal Code through the Order in Council 1938. This was replaced by Article 171 in 1956, and then after independence, Article 171 was replaced by Article 201 of Qatar's 1971 Penal Code. Since 2004, Article 296 of the current Penal Code (Law 11/2004) stipulates imprisonment between one and three years for sodomy. This is less severe than the 1971 law that stipulated up to five years' imprisonment for men and women found to be homosexual (punishment of sexual acts instead of punishment for sexual orientation). The local
death penalty for same-gender sex is applicable only to Muslims because extramarital sex regardless of the gender of the participants is punishable by death and because same-gender couples cannot get married. However, there is no evidence that the death penalty has been applied for consensual same-sex relations taking place between adults outside the spaces policed by authorities.
Solomon Islands Same-sex sexual activity has been illegal in the Solomon Islands since its criminalization in the 1880s.
South Korea Same-sex sex is legal in South Korea outside of the military. However, same-sex sexual acts are illegal in the military since 1962, punishable by up to two years imprisonment.
Sudan Sodomy, defined as anal sex whether the couple is same-sex or opposite-sex, is illegal in Sudan. The Offence is defined in Article 148 of the Criminal Act of 1991. The original wording (translated) of the sodomy law, as amended in 2009, follows: On 9 July 2020, Sudan abolished the death penalty as a punishment for anal sex. The
Transitional Sovereignty Council also eliminated the imposition of 100 lashes and added two years to the sentence for a second offence. The penalty for a third offence was changed from death or life imprisonment to life imprisonment. A first offence is now punished with up to five years and a second offence with up to seven years.
Tonga Male same-sex sexual activity, as well as heterosexual sodomy, is illegal in Tonga under the
Criminal Offences Act () with a maximum penalty of 10 years imprisonment. The offenders may also be
whipped as a punishment if convicted.
Tunisia Article 230 of the Penal Code of 1913 (largely modified in 1964) decrees imprisonment of up to three years for private acts of sodomy between consenting adults. (The official text of Article 230 in French is "La sodomie, si elle ne rentre dans aucun des cas prévus aux articles précédents, est punie de l'emprisonnement pendant trois ans."). Gay people are also often accused of violating Article 226 of the national Penal Code which outlaws "outrages against public decency".
Tuvalu The Penal Code prohibits male homosexual and heterosexual anal intercourse. However, according to the
United States Department of State, as of 2013 there were no reports of prosecution of consenting adults under these provisions.
Uganda The
Anti-Homosexuality Act, 2023 prescribes up to twenty years in prison for "promotion of homosexuality", life imprisonment for "homosexual acts", and the death penalty for "aggravated homosexuality". The latter offence includes "serial offenders", same-sex rape, sex in a position of authority or procured by intimidation, sex with persons older than seventy-five, sex with the disabled and mentally ill, and homosexual acts committed by a person with a previous conviction of homosexuality. Further, under its provisions, the promotion (including normalisation) of homosexuality is punishable by imprisonment for up to 20 years and fines. This Act came into force in 2023, making Uganda the only
Christian-majority country to punish some types of consensual same-sex acts with the death penalty.
A similar law had been passed in 2013, but was later struck down in 2014 as unconstitutional by the
Constitutional Court of Uganda on legal technicalities. {{notelist-ua|refs= {{efn-ua|name="id bill"|text=A draft version of the Act, the Anti-Homosexuality Bill (Bill no. 3 of 2023), generated international news coverage upon its first successful passage through the parliament. Had it been enacted unamended, it would have criminalised merely identifying as gay, lesbian or bisexual, transgender or non-binary, stipulating that "hold[ing] out as a lesbian, gay, transgender, a queer or any other sexual or gender identity that is contrary to the binary categories of male and female" was committing "an offence of homosexuality" and thus liable to the penalty of ten years in prison. This provision, 2(1)(d), was excluded from the Act that was finally passed and signed into law. {{block indent|Coverage on this earlier bill included:
United Arab Emirates Same-sex sexual activity is illegal in the United Arab Emirates; however, prosecution is brought only on complaint of a husband or (male) legal guardian. There is no maximum punishment for this in the United Arab Emirates, with the sentence at courts' discretion (10 years imprisonment in
Dubai, 14 years imprisonment in
Abu Dhabi), and the minimum punishment is 6 months' imprisonment.
Uzbekistan Laws criminalizing consensual same-sex sexual activity between men were enacted in the
Uzbek SSR in 1926. Consensual same-sex sexual activity between men is criminalized in present-day Uzbekistan by Article 120 of Uzbek's criminal code (1994):
Yemen Article 264 of the national penal code prohibits private consensual homosexual acts between adult men. The stipulated punishment in the law for unmarried men is 100 lashes and up to a year in prison. The law stipulates that married men convicted of homosexuality are to be put to death. Article 268 of the national penal code prohibits private consensual homosexual acts between adult women. The law stipulates that premeditated acts of lesbianism are punished with up to three years in prison.
Zimbabwe Male homosexual sex has been illegal in Zimbabwe since 1891 (as
Rhodesia), and female homosexual sex has been illegal there since 2006. == See also ==