§ 2. On Sodomy.

42. Nature. Sodomy is intercourse with a person of the same sex, or with a person of diverse sex but in an undue vessel.

a. Intercourse is not had when someone touches the genitals of another with the hand, foot, mouth, or arm, and in turn is touched by the other; but it belongs to the nature of intercourse that the conjunction of the bodies themselves intervene, so that at least on one side the application of the genital member to the body of another takes place, whether this occurs in the preposterous vessel, or between the thighs or arms, or in another part of the body.

It does not belong to the nature of intercourse that there be penetration of some vessel; nevertheless intercourse differs specifically from impure touch; the essential difference is in this, that in touch the base affection is borne toward pollution, but in intercourse toward the person or beast with whom intercourse occurs.

b. From the definition a twofold sodomy is distinguished: perfect and properly so called, which is intercourse with a person of the same sex, therefore of a male with a male, of a female with a female; and imperfect or improperly so called, which is intercourse with a person of diverse sex, but in an unnatural or preposterous vessel.

c. Perfect sodomy, which is intercourse with the same sex, can be committed in two ways: either by a consummated act, i.e. with effusion of semen, or by a non-consummated act, i.e. without effusion of semen. Likewise sodomy improperly so called is committed either by a consummated act or by a non-consummated act in an unnatural vessel.

Consummated sodomy can also have place among females, namely if in the intercourse which is had between them, a flow of humor with complete delectation intervenes. Nevertheless, since this circumstance does not change the species of the sin, one must not ask about it in confession.

d. The essence of this crime consists in affection either toward the sex or toward the undue vessel: each is against nature, because nature requires for the generation of offspring both the sex and also the due vessel.

43. Principles. 1. Sodomy is a crime much graver than simple pollution, both in itself, because it tends toward an undue sex or vessel, and by reason of cooperation, because each concurs in the sin of the other. Its specific malice consists in access to an undue sex or vessel, which is repugnant to the order of nature in a special way.¹

2. Perfect and imperfect sodomy differ from each other in species, because affection toward an undue sex contains a special malice, diverse from affection toward an undue vessel.

a. Perfect sodomy among persons of the same sex can be committed in diverse ways; nevertheless it does not differ specifically, whether intercourse occurs in the preposterous vessel or in another part of the body. Wherefore in confession it suffices to know that intercourse with effusion of semen has taken place, nor is it necessary to ask further about the mode of intercourse.

b. Imperfect sodomy between a male and a female is committed in only one way, namely if intercourse occurs in the preposterous vessel. But if intercourse has place in another part of the body, sodomy is not committed, but fornication in affection with pollution in effect.

3. It makes no difference whether someone was acting or suffering; the species of the sin is the same. Wherefore in confession one must not ask about this matter. But whether pollution, which happens more easily in the agent than in the patient, has had place or not must be declared.

4. Where sodomy simply is reserved, perfect and consummated sodomy is to be understood, which is committed between males with penetration of the preposterous vessel and with insemination made there.²

¹ Cf. Rom. 1, 24 ff.; Gen. 18, 20 f.

² Cf. Salmanticenses, tr. 26, c. 7, n. 109.