In 1809, the Illinois Territory was created and it adopted all of the laws used by the Indiana Territory, replacing the Northwest Territory law. Indiana's code punished sodomy (with no gender-specification) with up to five years in prison, a fine of $100-$500, and up to 500 lashes. In 1819, the penalty was adjusted to set the imprisonment sentence to 1-5 years, and the flogging penalty at 100-500 lashes. The fine of $100-$500 was not changed.

In 1806, the common-law statute was once again repealed. However, there was still dispute as to whether or not Ohio recognized common-law crimes. The legality of sodomy was therefore unclear.

In 1805, only 6 weeks after it was repealed, the common-law statute was readopted with the exact laws as it had before the repeal.

In 1804, after statehood, a statute repealed this law, thereby legalizing sodomy. In January of 1805, Ohio adopted its first criminal code. It did not have any mention of sodomy.

The first Mississippi criminal code to reference same-sex sexual activity was enacted in 1802, it criminalized sodomy and later "crimes against nature," therefore criminalising same-sex sexual activity. In 1995, those convicted of sodomy were required to register with the sheriff's office under sex offender laws; however, by this time, the enforcement of Mississippi's sodomy law had diminished.

In 1802, the Mississippi Territory, which Alabama was part of at the time, enacted a new code that made sodomy a capital offense.