In 1862 the Territory of the Dakotas, which included modern-day North and South Dakota, enacted a criminal ban on heterosexual and homosexual sodomy, which was defined as "crimes against nature" and subsequently interpreted by the State Supreme Court to include anal intercourse [REF].
In 1976, private, adult, consensual and non-commercial acts of sodomy were legalized with an age of consent set at thirteen years [REF].