In
1934, while Kazakhstan was part of the Soviet Union, Article 121 was added to the Soviet Criminal Code. This article criminalized male homosexuality, punishable by imprisonment of between 3 to 5 years. There were no criminal statutes regarding sex between women.In
1959, the Kazakh SSR adopted its own criminal code. Article 104 continued the criminalization of sodomy in Kazakhstan, with up to three years of imprisonment.