[treyfitty]

I think what you're trying to ask is: Is being labeled gay grounds for imprisonment? Or does one have to be caught in the act of fornicating with a male to be imprisoned? I'm sure it depends on the jurisdiction, but many jurisdictions that have this kind of explicit law usually frowns upon homosexuality so much, that the mere accusation is enough to be damaging.

[jimmyk]

What I'm asking is more like, if the government microphone in your potted plant hears you coming out as gay to your friends, would that be grounds for criminal punishment?

[__jal]

> Or does one have to be caught in the act of fornicating with a male [...]

I think your definition needs some work.