What kind of punishment would I had got if I was on trial for having consensual gay sex in Texas before Lawrence Vs. Texas in 2003?

by Finally_Now

I just learned about this and it's absolutely shocking to me that I could receive any kind of punishment.

toastar-phone

Technically this is still on the books. The legislature never got around to removing it

Texas penal code 21.06

Basically to quote

Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.

(b) An offense under this section is a Class C misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

A class c misdemeanor in Texas is a fine of up to $500 and no possible jail time. Many misdemeanors have more specific ranges. This one doesn't seem to, that means probably up to the court.

A funny thing about the case is they actually had to ask the court to raise the fine from the initial $100 + costs, to $125. The fine needed to be over $100 to appeal, the JP and DA signed off knowing they were planning a challenge...... Shit it's a fun case but the details of it break the 20 year rule.