In 2003, the U.S. Supreme Court struck down the Texas sodomy statute in the case of Lawrence v. Texas, holding that intimate consensual sexual relations between consenting adults are constitutionally protected. That case had the effect of rendering similar laws all over the country unconstitutional. To date, the Virginia state legislature has failed bring its state statute into compliance. The result is that you can still be charged in Virginia with a felony for conduct which the highest court in the land has deemed protected. In some areas, police still conduct “sting” operations targeting the gay community. Depending on the circumstances, a criminal defense attorney may be able to have such charges dismissed.
As usual, every situation is unique. Contact a Virginia attorney for specific details.
Andre A. Hakes
Tucker Griffin Barnes P.C.