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Louisiana police use invalid anti-sodomy law to arrest gay men for agreeing to consensual sex

According to an investigative report from the Baton Rouge Advocate, there have been a dozen cases since 2011 in which undercover police officers in Louisiana have propositioned gay men for sex -- agreeing to have sex in private, and without money changing hands -- only to arrest them under the state's anti-sodomy law, which was invalidated more than a decade ago by a Supreme Court ruling.

In one such recent case, an East Baton Rouge Parish sheriff's deputy propositioned a 65-year-old man he met in a public park, asking him to join him for "some drinks and some fun" back at undercover officer's apartment. The man followed the deputy home, and, upon entering it, was handcuffed and booked on a single count of "attempted crime against nature."

As the Advocate's Jim Mustian notes, there had been no discussion of exchanging money for sex, and the men were in a private residence when the arrest occurred.

A majority of these stings have taken place at Manchac Park, a popular "cruising" location, but talking about sex in public is not a violation of state obscenity law.

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