Sodomy refers to anal copulation by a man inserting his penis into the anus of another man or a woman. If accomplished by force, without consent or with someone incapable of consent, sodomy is a felony in the same way that rape is. California defines consent as "positive cooperation in act or attitude pursuant to an exercise of free will." Therefore, an defendant's reasonable belief that the victim was consenting to an act of sodomy is a defense to a charge of forcible sodomy.



Note, consensual anal sex is not against the law, unless the victim is under the age of 18, while the perpetrator is over the age of 18.

By law, persons convicted of sex crimes, of which sodomy is included, are required to register as sex offenders with a local law enforcement agency. Prior to release from prison, jail, a mental hospital, or on probation, sex offenders are notified in writing of their duty to register, and a copy of the notification form is forwarded to Department of Justice (DOJ). When a sex offender is released into the community, the agency forwards the registration information to DOJ.

Registered sex offenders are required to update their information annually, within five working days of their birthday. Some sex offenders must update more often: transients must update every 30 days, and sexually violent predators, every 90 days. The Sex Offender Tracking Program keeps track of the next required update, and if a registered sex offender is in violation of the update requirements, the Internet web site will show the registrant as being in violation.

Sodomy is defined by California Penal Code Section 286. The punishment for sodomy with a person under the age of 18 is imprisonment in the state prison or county jail. Any person over the age of 21 who engages in sodomy with a person 14 years or younger (with at least 10 years difference in age) is guilty of a felony, punishable by imprisonment in the state prison for 3, 6, or 8 years.