oAdultery was sexual intercourse with another’s wife
oSexual intercourse out of wedlock was punished by the church as an ecclesiastical offence •MPC
oStatutes against fornication and adultery are unenforced; omitted any provisions relating to these offenses •State Statutes
oState Statutes vary:
Voluntary sexual intercourse between persons, one of whom is lawfully married to another, both parties being guilty Intercourse by a married person with one who is not his or her wife or husband, the married person only being guilty of adultery Intercourse with a married women by one not her husband, both parties being guilty •Actus Reus: voluntary sexual intercourse; between two persons unmarried to each other; with at least one of the parties being married to another •Mens Rea: Intent to have intercourse; knowing of the marriage to another
•Voluntary unlawful sexual intercourse, under circumstances not constituting adultery. While fornication was not a crime at common law, it was made a crime by early statutes in many of the states •Actus Reus: Voluntary sexual intercourse; between two adults who are not married to eachother •Mens Rea: Intentional
•Because of Lawrence v. Texas, the issue is whether the Texas statute impermissibly burdens the individual’s substantive due process right to engage in private intimate conduct of his or her choosing. • Contrary to the district court’s conclusion, we hold that the Texas law burdens this constitutional right. •An individual who wants to legally use a safe sexual device during private intimate moments alone or with another is unable to legally purchase a device in Texas, which heavily burdens a constitutional right.
oProstitution is not synonymous with the offense of prostitution oProstitution was not a crime at common law
oMore appropriate to discuss this manner in terms of “crimes relating prostitution” rather than using prostitution, the offense, interchangeably with prostitution, the practice oElements:
Only women would commit prostitution
Offering one’s self or one’s body
For hire or for money
oProstitution. A person is guilty of prostitution, a petty misdemeanor, if he or she: Is an inmate of a house of prostitution or otherwise engages in sexual activity as a business; or Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity •State Statutes
oEvery state, except Nevada, has a statute outlawing solicitation and other crimes related to prostitution oAlmost all states have statutes relating to prostitution—“solicitation” is the most common charge and applies to the act of offering to engage in sexual conduct for a fee •Actus Reus: offering to, engaging in, or asking others to engage in sexual conduct, for a fee (or pecuniary gain) •Mens Rea: Intentional
oObscenity refers to the depictions of sexual acts that are defined as legally impermissible oStatutes outlaw obscenity, not pornography; but that begs the question as to what constitutes obscenity •MPC
oObscene. Material is obscene, if considered as a whole, its predominant appeal is to prurient interests, that is, a shameful morbid interest, in nudity, sex or excretion, and if in addition it goes substantially beyond customary limits of candor in describing or representing such matters oOffenses. A person commits a misdemeanor if he knowingly or recklessly: Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene writing, picture, record or other representation or embodiment of the obscene; or Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or Publishes, exhibits or otherwise makes available any obscene material dissemination; or Possesses any obscene material for purposes of...