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Alabama ban on sex toys is struck down as unconstitutional
Associated Press | October 11, 2002

Posted on 10/11/2002 1:29:58 PM PDT by HAL9000

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To: Phantom Lord
By the way I see that you are from North Carolina.

Are you aware of North Carolina's Crimes against Nature law? Are you aware of North Carolina's law against adultery and fornication?

Are you also aware that the following states have laws against fornication and adultery:

Alabama: § 13A-6-60. Definitions.

The following definitions apply in this article:
(1) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emmision is not required.
(2) DEVIATE SEXUAL INTERCOURSE. Any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.
(3) SEXUAL CONTACT. Any touching or the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of either party.
(4) FEMALE. Any female person.
(5) MENTALLY DEFECTIVE. Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.
(6) MENTALY INCAPACITATED. Such term means that a person is rendered temporarily incapable of appriasing or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other incapacitating act committed upon him without his consent.
(7) PHYSICALLY HELPLESS. Such term means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(8) FORCIBLE COMPULSION. Physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.

Arizona: § 13-1409. Open and notorious cohabitation or adultery; classification

A person who lives in a state of open and notorious cohabitation or adultery is guilty of a class 3 misdemeanor.

Arizona § 13-1412. Lewd and lascivious acts; classification

A person who knowingly and without force commits, in any unnatural manner, any lewd or lascivious act upon or with the body or any part or member thereof of a male or female adult, with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of either of such persons, is guilty of a class 3 misdemeanor.

Florida 798.01. Living in open adultery

Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

Florida 798.02. Lewd and lascivious behavior

If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Georgia 16-6-18. Fornication.

(a) An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor.

Idaho 18-6603. Fornication.

Any unmarried person who shall have sexual intercouse with an unmarried person of the opposite sex shall be deemed guilty of fornication, and, upon conviction thereof, shall be punished by a fine of not more than $300 or by imprisonment for not more than six months or by both such fine and imprisonment; provided, that the sentence imposed or an part of thereof may be suspended with or without probation in the discretion of the court.

Michigan § 28.567 (MCL §750.335) Lewd and lascivious cohabitation, gross lewdness and lascivious behavior; one year limitation Sec.335.

Any man or woman, not being married to each other, who shall lewdly and lasciviously associate and cohabit together, and any man or woman, married or woman, married or unmarried, who shall be guilty of open and gross lewdness and lascivious behavior, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 1 year, or by fine of not more than $500.00. No prosecution shall be commenced under this section after 1 year from the time of committing the offense.

Minnesota 609.34. Fornication

When any man and single woman have sexual intercourse with each other, each is guilty of fornication, which is a misdemeanor.

North Carolina § 14-184. Fornication and adultery.

If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor

North Carolina § 14-186. Opposite sexes occupying same bedroom at hotel for immoral purposs; falsely registered as husband and wife.

Any man and woman found occupying the same bedroom in any hotel, public inn or boardinghouse for any immoral purpose, or any man and woman falsely registering as, or otherwise representing themselves to be, husband and wife in any hotel, public inn or boardinghouse, shall be deemed guilty of a Class 2 misdemeanor.

South Carolina § 16-15-60. Adultery or fornication

Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.

Utah 76-7-103. Adultery.

(1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse.
(2) Adultery is a class B misdemeanor. Amended by Chapter 241, 1991 General Session

Utah 76-7-104. Fornication.

(1) Any unmarried person who shall voluntarily engage in sexual intercourse with another is guilty of fornication.

(2) Fornication is a class B misdemeanor. Enacted by Chapter 196, 1973 General Session

Virginia § 18.2-344 Fornication

Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor.

Virginia § 18.2-345 Lewd and lascivious cohabitation

If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor; and upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.

Are you aware that 14 states and the United States Military have laws against sodomy?

Most of these laws have been upheld. North Carolina's law has been upheld several times.

41 posted on 10/11/2002 2:10:07 PM PDT by FF578
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To: SGCOS
In Alabama a sex toy is a pair of overalls with the pockets cut out.
42 posted on 10/11/2002 2:10:30 PM PDT by billhilly
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To: Lowelljr
I haven't looked at this yet because i'm at work & i'm afraid of what you may have posted, i'll check it out later when I get home. You must understand I was not & am not trying to be sacreligous because I think that our great country was built on the foundations of Christianity & it was a great thing. But that doesn't mean that we all have to be prudes that involve ourselves in everybody else's sex lives, again it's none of my business what you or they do.
43 posted on 10/11/2002 2:11:16 PM PDT by HELLRAISER II
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To: Phantom Lord
So then wouldnt the 10th amendment grant the state the authority to inprison me for masturbating with my hand?.

I suppose they could - there's nothing in the constitution that guarantees the right to wank. Just think about all of the counties in the U.S. where it's illegal to buy booze. Ludicrous also, but perfectly constitutional.

44 posted on 10/11/2002 2:13:17 PM PDT by Senator Pardek
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To: Cacique
You are correct. This fictional right to privacy is an invention of the leftist scum. Just like the fictious "Separation of Church and state."

Separation of Church and state does appear in the Soviet Constitution. "In order to ensure to citizens freedom of conscience, the church in the USSR is separated from the state, and the school from the church. "

I guess this is where the leftists get confused. They think this is their Motherland.

45 posted on 10/11/2002 2:14:19 PM PDT by FF578
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To: FF578
You really get off on this stuff, don't you. Your religious exstacies are obscene.

If you seriously think you have a Right to regulate what goes on in my bedroom, I'll be more than happy to disabuse you of that notion. Violently.

It isn't any of your G@ddamn business.

46 posted on 10/11/2002 2:14:33 PM PDT by Dead Corpse
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To: FF578
Wow. All of that history, just aiming itself at an Alabama law against sex toys. Thank you, thank you, thank you for the enlightenment. I'm changing my mind to think exactly as you think from now on, because you are so wise.

Now can we get back to the vibrators?
47 posted on 10/11/2002 2:15:39 PM PDT by Anchoragite
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To: FF578
Just because a law has been upheld does not make it right, justified, or within the proper function and authority of government.

In NC, While having sex, you must stay in the missionary position and have the shades pulled.

All couples staying overnight in a hotel must have a room with double beds that are at least two feet apart. Making love in the space between the beds is strictly forbidden.

If you find that to be the proper function of, and under the authority of the government, then you are mistaken. No matter what a court says. There are many, many things the Imperial Federal Government does, supports, allows, and pays for with our tax dollars that is NOT Constitutionally authorized. Abortion for one. But hey, the courts say its OK so it must be good!

48 posted on 10/11/2002 2:15:39 PM PDT by Phantom Lord
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To: FF578
Our founders established laws that regulated morality.

Such laws work only when there is a general consensus that the principles behind the laws are right. So, if the bulk of the citizenry believes that buggery is sinful/a moral failing/whatever, then yes, such a law will work. BUT, when you try to enforce a system based on Christian (and Islamic, for that matter) sexual norms once the bulk of the people don't believe them, you're fighting a losing battle. Unless you want to mandate everything taught in public schools/high schools, and then control all broadcast media, you cannot turn back the clock on such ideas by means of state power. Trying to get people to behave according to principles laid down by the Apostle Paul is less than useless if the people whom you're trying to compel do not believe in the authority of the Apostle to begin with.

Vulcanized rubber, paternity testing, and the ability to synthesize progesterone have changed sexual mores irrecovably. Unless you are going to forbid paternity testing, cut all AFDC benefits, and forbid the manufacture of condoms and birth-control pills, then you cannot use the law to change sexual mores.

49 posted on 10/11/2002 2:16:13 PM PDT by AndrewSshi
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To: HELLRAISER II
You are wise not to open that file. I found the first link I could find on Google and I think Google purged most the really bad sites out of it (not sure, I don't do that URL's if I can help it). It is inflatable if that helps your judgement not to open it. I fear is these "stores" will push the envelope and slip more that just so called dildos and vibrators. As the inflatable item shows, it borders on outright xxx nudity. I am sure that the lure of money will tempt many to stock what other xxx rated shops carry. The line has now been blurred and those that exploit such holes will surface fast.

I appreciate your non bitter responce. It is nice to disagree about subjects without bile. Keep FReeping

50 posted on 10/11/2002 2:21:34 PM PDT by LowOiL
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To: Dead Corpse
Hey D.C. while i'm not quite that pissed yet, you bring up a good point. Super leftism is equally as bad as Super rightism, we here for the most part are all Conservatives and as Conservatives we have to realize that sex & drugs is where alot of us Conservatives split on agreeing. Especially the religous extremeists, We have to remember that we do agree on alot of things and alienating some of our own groups is not good for our overall cause's. Enough of the goodwill crap, ya'll go back to scrapping.
51 posted on 10/11/2002 2:22:22 PM PDT by HELLRAISER II
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To: HAL9000
Hillarrhea is hillarrious! Good photo...HAHAHAHAHA!

You could have placed a Janet Reno photo here too.

52 posted on 10/11/2002 2:23:34 PM PDT by J. Semper Paratus
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To: Phantom Lord
The North Carolina "Missionary Position" law is an urban legend.

I am a LEO in North Carolina. There are laws against Sodomy between unmarried individuals, Fornication and adultery.

The only Hotel law is one that forbids an unmarried couple from registering as husband and wife for Immoral purposes.

The Crimes Against Nature (Sodomy Law) is a felony in North Carolina, and it is used a lot in law enforcement. Well actually it depends on the individual officer. Some officers will charge a couple "parking" with indecent exposure. I prefer the Crimes against nature charge.

53 posted on 10/11/2002 2:23:55 PM PDT by FF578
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To: FF578
Your posts were some of the most informative on the subject presented. Thanks...

Low OiL

54 posted on 10/11/2002 2:30:16 PM PDT by LowOiL
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To: FF578
Do you think that it's right that a couple in South Carolina, maybe a couple that has been dating for months, has premarital sex, it is a good thing for the state to send them both to prison for a year each? Do you think that any of several states should be able to lock up a married couple who have oral sex in their own bedroom?

And if these laws aren't enforced, as I'm sure you'll agree, why have them on the books except for the threat they give the government to lock up thousands--hell, hundreds of thousands--of people whenever they decide they want to, for whatever reason?

55 posted on 10/11/2002 2:33:28 PM PDT by Heyworth
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To: FF578
The Crimes Against Nature (Sodomy Law) is a felony in North Carolina, and it is used a lot in law enforcement.

Come into my bedroom and try to arrest me for getting a blow job from my wife and you will be leaving in a bag.

56 posted on 10/11/2002 2:37:32 PM PDT by Phantom Lord
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To: Phantom Lord
The only Criminal Laws in North Carolina relating to this are the following.

N.C.G.S Chapter 14 Article 26 deals with OFFENSES AGAINST PUBLIC MORALITY AND DECENCY.

§ 14-177. Crime against nature.

If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.

(25 Hen. VIII, c. 6; 5 Eliz., c. 17; R.C., c. 34, s. 6; 1868-9, c. 167, s. 6; Code, s. 1010; Rev., s. 3349; C.S., s. 4336; 1965, c. 621, s. 4; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1191; 1994, Ex. Sess., c. 24, s. 14(c).)

This section is constitutional. State v. Enslin, 25 N.C. App. 662, 214 S.E.2d 318, appeal dismissed, 288 N.C. 245, 217 S.E.2d 669 (1975), cert. denied, 425 U.S. 903, 96 S. Ct. 1492, 47 L. Ed. 2d 753 (1976). See State v. Adams, 299 N.C. 699, 264 S.E.2d 46 (1980); State v. Singleton, 85 N.C. App. 123, 354 S.E.2d 259, cert. denied, 320 N.C. 516, 358 S.E.2d 530 (1987).

§ 14-178. Incest between certain near relatives.

The parties shall be guilty of a felony in all cases of carnal intercourse between (i) grandparent and grandchild, (ii) parent and child or stepchild or legally adopted child, or (iii) brother and sister of the half or whole blood. Every such offense is punishable as a Class F felony.

(I Suppose libertarians think the above is a violation of their rights as well.)

§ 14-179. Incest between uncle and niece and nephew and aunt.

In all cases of carnal intercourse between uncle and niece, and nephew and aunt, the parties shall be guilty of a Class 1 misdemeanor.

(More violations of libertarian rights?)

§ 14-183. Bigamy.

If any person, being married, shall marry any other person during the life of the former husband or wife, every such offender, and every person counseling, aiding or abetting such offender, shall be punished as a Class I felon. Any such offense may be dealt with, tried, determined and punished in the county where the offender shall be apprehended, or be in custody, as if the offense had been actually committed in that county. If any person, being married, shall contract a marriage with any other person outside of this State, which marriage would be punishable as bigamous if contracted within this State, and shall thereafter cohabit with such person in this State, he shall be guilty of a felony and shall be punished as in cases of bigamy. Nothing contained in this section shall extend to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to have been living within that time; nor to any person who at the time of such second marriage shall have been lawfully divorced from the bond of the first marriage; nor to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.

(I suppose Libertarians have a right to be bigamists as well.)

§ 14-184. Fornication and adultery.

If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other.

§ 14-186. Opposite sexes occupying same bedroom at hotel for immoral purposes; falsely registering as husband and wife.

Any man and woman found occupying the same bedroom in any hotel, public inn or boardinghouse for any immoral purpose, or any man and woman falsely registering as, or otherwise representing themselves to be, husband and wife in any hotel, public inn or boardinghouse, shall be deemed guilty of a Class 2 misdemeanor.

(This is your hotel law.)

§ 14-188. Certain evidence relative to keeping disorderly houses admissible; keepers of such houses defined; punishment.

(a) On a prosecution in any court for keeping a disorderly house or bawdy house, or permitting a house to be used as a bawdy house, or used in such a way as to make it disorderly, or a common nuisance, evidence of the general reputation or character of the house shall be admissible and competent; and evidence of the lewd, dissolute and boisterous conversation of the inmates and frequenters, while in and around such house, shall be prima facie evidence of the bad character of the inmates and frequenters, and of the disorderly character of the house. The manager or person having the care, superintendency or government of a disorderly house or bawdy house is the "keeper" thereof, and one who employs another to manage and conduct a disorderly house or bawdy house is also "keeper" thereof.
(b) On a prosecution in any court for keeping a disorderly house or a bawdy house, or permitting a house to be used as a bawdy house or used in such a way to make it disorderly or a common nuisance, the offense shall constitute a Class 2 misdemeanor.

§ 14-190.1. Obscene literature and exhibitions.

(a) It shall be unlawful for any person, firm or corporation to intentionally disseminate obscenity.

(THIS Statute is long so I won't post all of it here.)

§ 14-190.4. Coercing acceptance of obscene articles or publications.

No person, firm or corporation shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other article, book, or publication which is obscene within the meaning of G.S. 14-190.1; nor shall any person, firm or corporation deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books, or publications, or by reason of the return thereof. Violation of this section is a Class 1 misdemeanor.

§ 14-190.5. Preparation of obscene photographs, slides and motion pictures.

Every person who knowingly:

(1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for the purpose of dissemination; or
(2) Models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for the purpose of dissemination, shall be guilty of a Class 1 misdemeanor.

§ 14-190.6. Employing or permitting minor to assist in offense under Article.

Every person 18 years of age or older who intentionally, in any manner, hires, employs, uses or permits any minor under the age of 16 years to do or assist in doing any act or thing constituting an offense under this Article and involving any material, act or thing he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1, shall be guilty of a Class I felony.

§ 14-190.7. Dissemination to minors under the age of 16 years.

Every person 18 years of age or older who knowingly disseminates to any minor under the age of 16 years any material which he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be guilty of a Class I felony.

§ 14-190.8. Dissemination to minors under the age of 13 years.

Every person 18 years of age or older who knowingly disseminates to any minor under the age of 13 years any material which he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be punished as a Class I felon.

§ 14-190.9. Indecent exposure.
(a) Any person who shall willfully expose the private parts of his or her person in any public place and in the presence of any other person or persons, of the opposite sex, or aids or abets in any such act, or who procures another to perform such act; or any person, who as owner, manager, lessee, director, promoter or agent, or in any other capacity knowingly hires, leases or permits the land, building, or premises of which he is owner, lessee or tenant, or over which he has control, to be used for purposes of any such act, shall be guilty of a Class 2 misdemeanor.
(b) Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast feeding.

(c) Notwithstanding any other provision of law, a local government may regulate the location and operation of sexually oriented businesses. Such local regulation may restrict or prohibit nude, seminude, or topless dancing to the extent consistent with the constitutional protection afforded free speech.

(This is what most officers use when charging a couple "Parking" in a public place. I prefer the Crimes against nature charge as it is a felony where as this is only a misdemenor.)

§ 14-190.14. Displaying material harmful to minors.

(a) Offense. - A person commits the offense of displaying material that is harmful to minors if, having custody, control, or supervision of a commercial establishment and knowing the character or content of the material, he displays material that is harmful to minors at that establishment so that it is open to view by minors as part of the invited general public. Material is not considered displayed under this section if the material is placed behind "blinder racks" that cover the lower two thirds of the material, is wrapped, is placed behind the counter, or is otherwise covered or located so that the portion that is harmful to minors is not open to the view of minors.
(b) Punishment. - Violation of this section is a Class 2 misdemeanor. Each day's violation of this section is a separate offense.

The rest of the section deals with Sexual explotation of minors. As you can see there is nothing about "Missionary Position."

57 posted on 10/11/2002 2:40:19 PM PDT by FF578
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To: Phantom Lord
The Crimes against nature law only applies to unmarried couples.
58 posted on 10/11/2002 2:41:20 PM PDT by FF578
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To: Heyworth
South Carolina § 16-15-60. Adultery or fornication

Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.

I don't know how often this law is enforced in South Carolina, but I do know that North Carolina's sodomy, fornication and adultery laws are enforced.

And yes I do believe that if you break the law you should be punished.

59 posted on 10/11/2002 2:44:41 PM PDT by FF578
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To: Lowelljr
With all due respect to your religous beliefs, it is NOT the governments business what two consenting adults do in the privacy of their own home. You can throw all the silly state sex laws (that are mostly not enforced)you want at me and this will not change my mind, or the the mindset of most people IMO.

I for one dont want my tax dollars wasted (more then they already are) on silly issues like outlawing dildo's.

In fact I think it would be a GOOD thing if people (ADULTS) got off more and if the only way they can is by self/artificial stimulation, then so be it.
60 posted on 10/11/2002 2:45:19 PM PDT by FeliciaCat
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