In 1858, the Ottoman Empire, then in control of Bosnia and Herzegovina, legalized same-sex intercourse.

In 1858, the Ottoman Empire, then in control of Albania, legalized same-sex intercourse. However, according to the statements of the interior minister Musa Juka in 1937, homosexuality was still legal in Albania at that time and is believed to have been legal until the 1977 penal code.

In 1858, the Ottoman Empire, then in control of Kosovo, legalized same-sex intercourse.

The age of consent has never been unequal in Turkey.

The Ottoman Empire, the predecessor of Turkey, decriminalized sodomy in 1858.

Article 90 of the Family Code establishes that it is a cause for absolute nullity of marriage when the parties are of the same sex.

The penalty was up to the courts but homosexuality was criminalised in the 1854 penal code.

Section 12 of the Organic Act, which established the Territorial Government of Washington, adopted the laws of the Territory of Oregon applicable to the Territory of Washington as of March 2, 1853, which did not include any reference to sodomy. The Laws of the Territory of Washington 1875 p 85 § 1 included a vagrancy statute with a catch all definition of "disorderly persons" but did not single out homosexual activity and any arrest was set to only last so far as surety of good behavior could be ascertained. The Code of Washington 1881, enacted on December 1, 1881, p 159 § 782 stated "All offenses at common law, which are not hereinafter defined by statute are indictable and triable in the district courts of this territory." Thus it was possible to be indicted for 'crimes against nature' however p 162 § 806 criminalized "an assault with an intent to commit the infamous crime against nature" but did NOT criminalize the 'infamous crime against nature'. As such no punishment could be attached to an indictment for homosexual activity except in the case of an assault. This is the precedent that was described in Justice Stiles's opinion in STATE v. PLACE. On February 18, 1893, in STATE v. PLACE, 5 Wash. 773; 32 P. 736 (1893) the Washington Supreme Court noted the Washington State Penal Code did "not define the crime against nature known as sodomy, nor impose a penalty for its commission.” The crime against nature punishable as a felony at common law was not punishable in the state because no penalty has been fixed by statute.

Sections 129 and 130 of the Austrian Criminal Code (which was adopted by Liechtenstein) criminalized fornication against nature, which was defined to include sex between persons of the same sex. The punishment for consensual “fornication against nature” was one to five years of imprisonment.

In 1852 Portugal adopted a penal code based on the Napoleonic one France saw earlier in the 19th century and did not ban homosexuality.

Following a local dispute regarding marriages between the Governor and the local Archbishops over whether non-Anglican marriages should be conducted, it was prescribed into law through the Marriage Ordinances of 1851 that did not permit gay marriage. The Act did not explicitly ban gay marriage but rather referred to "the parties to marriage" and was interpreted as not allowing same-sex marriage.

A few months before statehood, California enacted a penal code criminalising sodomy. Although it would likely be invalidated because the law refers to California as "the state of", prosecutions still occurred under the law, and it was enacted into the law again in 1872.