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Sex Laws in America In today's modern society, especially here in the good old USA - you know, the land of the free - I think it is ridiculous that the government is still trying - and in some states succeeding- to control the most intimate and personal part of our lives, our sexuality. We are in the 21st century, not the dark ages or the Victorian era, yet the government is still trying to tell us how we can have sex and who we can have it with, they also want to control how we get off. From porn to sex toys, there are laws controlling what we view and what we use to get sexual satisfaction.
All over the world there are laws governing sexual acts. In most cases they are set by religious and societal standards. Many laws are common throughout the world such as laws against incest, laws against bestiality and pedophilia. I can understand with and agree with those laws, but two consenting, unrelated adults should be able to sexually do whatever they want in the privacy of their own home, or any other private place.
Most sex laws seem to be aimed towards so called “deviants”, mainly gays and lesbians. They are the laws that involve oral and anal sex. These laws even can be enforced with a married couple. Until the law was repealed in 1975, California husbands and wives could both get a 15-year penitentiary term for engaging in certain sexual practices. They were specifically prohibited from engaging in any oral activities, even in the privacy of their own bedroom. In 2003 sodomy laws were overturned in 14 states but in Georgia, a man was sentenced to five years in prison for engaging in oral sex with his wife, with her consent in the privacy of their home.
Many other laws are geared towards women; I guess we shouldn’t be able to enjoy sexual pleasure without a man being involved. As recently as 1990, these states had laws against the use of dildos: Idaho, Utah, Arizona, Oklahoma, Minnesota, Louisiana, Mississippi, Alabama, Georgia, South Carolina, North Carolina, Virginia, Maryland, Massachusetts, Rhode Island and Washington D.C.
Texas, Alabama, Georgia and Mississippi still have tough laws prohibiting the sale and use of sex toys. Georgia law states that it is a high misdemeanor to distribute or sell obscene materials, including sex toys, unless they are purchased by college students or faculty for a sexuality class, (if you want to get off- go to college- who says learning isn’t fun?) or they have to prescribed by a doctor, specifically a MD not just a PhD holding therapist (Hey Doc, I’m feeling really tense, can you prescribe me a dildo?- Do pharmacies have a stock of dildos and vibrators alongside the Viagra?) In 2004 the Eleventh Circuit Court ruled in a split decision that an Alabama law making it a crime to sell sex toys was constitutional. So much for the pursuit of happiness. We have the right to bear arms but not sex toys. Who has ever heard of a mass killing involving dildos? Has anyone ever been robbed at vibrator point?
Texas law states that vibrators can only be used as a “novelty item”. I haven’t found proof of this, but on one website I read that a woman was pulled over in Texas and arrested for having sex toys in her vehicle. I think she was a salesperson that did sex toy parties. She could have had a vehicle full of guns and that would have been OK, but God forbid, she had sex toys. The horror.
In Mississippi, Section 97-29-105 of the Mississippi Code states that it is illegal “to knowingly sell, advertise, publish or exhibit any three dimensional devises designed or marketed as useful primarily for the stimulation of the human genitalia, also referred to as sexual devices.” With everything else that is going on in the world you would think these politicians should be more concerned with educating this country’s children, feeding the hungry, stopping killings, ending terrorism… but no, they are too busy worrying about what is going on in people’s bedrooms. GET OVER IT! If I want to get off with a dildo, a vibrator or anything else I want to masturbate with, well it is my damn body and I’ll do whatever the hell I please with it, no one is going to tell me otherwise.
There are laws in almost all the states having something to do with underage sex. I think that having sex with children should be a crime, but there are limits and gray areas. An 18 year old having sex with a 16 or 17 year old is a lot different that a 30 year old having sex with a 14 year old or younger. I can’t remember in what state this was but an 18 year old got his 16 or 17 year old girlfriend pregnant and he went to jail for it. Now they are married but because it was considered a crime he has to register as a sex offender. That is bull. Kansas Attorney General Phil Kline is trying to make the law mean that any touching of a teen “with the intent to arouse” should be considered sexual abuse, even when it is between two teenagers. This law could force therapists to violate confidentiality standards and report to authorities that a 15 year old client made out with her 15 year old boyfriend. This is being fought and a lawsuit has been filed challenging Kline’s interpretation of the child abuse reporting law. I don’t understand how this would be enforced, are you going to send the teens to jail, juvenile detention, make them file as a sex offender. I think all that is child abuse. Teenagers have a hard enough time dealing with their sexuality. They are going to have sex no matter what, making it a law that they can’t is just going to keep them from being open about it and in turn keep them from being safe.
People who practice “unusual” or so called “deviant” sexual practices such as BDSM are often discriminated against and treated unfairly. In Mississippi, S & M is against the law. Specifically, "The depiction or description of flagellation or torture by or upon a person who is nude or in undergarments or in a bizarre or revealing costume for the purpose of sexual gratification." In many states there are laws specifically forbidding S and M practices.
Here are other laws I found on the internet, I do not know how many are actually true, or if they are still enforced or to what extent they are enforced. Some are downright silly and you wonder how they ever came to be a law. Obviously someone at some point did this or someone was afraid, for whatever reason, that it would happen.
In Detroit, couples are not allowed to make love in an automobile unless the act takes place while the vehicle is parked on the couple's own property.(Doesn’t that entirely defeat the purpose of getting freaky in a vehicle? It’s no fun on your own property)
In Oxford, Ohio, it's illegal for a woman to strip off her clothing while standing in front of a man's picture.
An excerpt from Kentucky state legislation: "No female shall appear in a bathing suit on any highway within this state unless she be escorted by at least two officers or unless she be armed with a club.”(What sense does that make?)
The only acceptable sexual position in Washington, D.C. is the missionary position. Any other sexual position is considered illegal.( I think every politician in DC would be sitting in jail if this was enforced)
In Michigan a woman isn't allowed to cut her own hair without her husband's permission.( I live in Michigan and I’ve heard this one my whole life but never seen it enforced)
It is illegal for any member of the Nevada legislature to conduct official business wearing a penis costume while the legislature is in session. (This must have actually happened at some point. Everyone one knows politicians are dicks but I guess someone finally confirmed it.)
In the state of Texas it is a misdemeanor if two men engage in oral and or anal sex. The same law does not apply to men and women engaging in the same activity with each other.
In Romboch, Virginia, it is illegal to engage in sexual activity with the lights on. (You can do whatever you want, you just can’t see what you’re doing)
In the state of Utah, sex with an animal—unless performed for profit—is not considered sodomy and therefore is legal.(So unless you are charging people to watch you bang your sheep you can go right ahead and enjoy – that is so very wrong.)
In the quiet town of Connorsville, Wisconsin, it's illegal for a man to shoot off a gun when his female partner has an orgasm.(I guess at some point this was a problem)
In the state of Washington there is a law against having sex with a virgin under any circumstances (including the wedding night). (I guess you need to leave state to lose your cherry.)
A Tremonton, Utah law states that no woman is allowed to have sex with a man while riding in an ambulance. In addition to normal charges, the woman's name will be published in the local newspaper.
It's against the law in Willowdale, Oregon, for a husband to curse during sex.(No dirty talk going on there)
An Oklahoma state representative once proposed a bill requiring that a man explain the dangers of pregnancy and obtain a woman's written consent before the two could legally engage in sexual intercourse.
In Oblong, Illinois, it's punishable by law to make love while hunting or fishing on your wedding day.( women made up this law, their stupid husbands to be wanted to go hunting or fishing on their wedding days and they had enough)
No man is allowed to make love to his wife with the smell of garlic, onions, or sardines on his breath in Alexandria, Minnesota. If his wife so requests, law mandates that he must brush his teeth.
Warn your hubby that after lovemaking in Ames, Iowa, he isn't allowed to take more than three gulps of beer while lying in bed with you—or holding you in his arms.
Bozeman, Montana, has a law that bans all sexual activity between members of the opposite sex in the front yard of a home after sundown—if they're nude. (but if you have your clothes on it is OK)
In hotels in Sioux Falls, South Dakota, every room is required to have twin beds. The beds must always be a minimum of two feet apart when a couple rents a room for only one night. And it's illegal to make love on the floor between the beds.
The owner of every hotel in Hastings, Nebraska, is required to provide each guest with a clean and pressed nightshirt. No couple, even if they are married, may sleep together in the nude, nor may they have sex unless they are wearing one of these clean, white cotton nightshirts.
An ordinance in Newcastle, Wyoming, specifically bans couples from having sex while standing inside a store's walk-in meat freezer.(???)
It's safe to make love while parked in Coeur d'Alene, Idaho. Police officers aren't allowed to walk up and knock on the window. Any suspicious officer who thinks that sex is taking place must drive up from behind, honk his horn three times and wait approximately two minutes before getting out of his car to investigate.(How polite)
A law in Helena, Montana, mandates that a woman can't dance on a table in a saloon or bar unless she has on at least three pounds, two ounces of clothing.
Lovers in Liberty Comer, New Jersey, should avoid satisfying their lustful urges in a parked car. If the horn accidentally sounds while frolicking behind the wheel of a motor vehicle, the couple can face a jail term.
Women aren't allowed to wear patent-leather shoes in Cleveland, Ohio—the thinking is that a man might see the reflection of something he shouldn't.
Maryland prohibits the selling of condoms through vending machines in gas stations and stores—with one major exception. Prophylactics may be dispensed by a vending machine only "in places where alcoholic beverages are sold for consumption on the premises." (that’s where they are needed the most anyway)
In Texas, no one other than a "registered pharmacist" may sell condoms or other kinds of contraceptives "on the streets or other public places." No, not even physicians. Anyone who tries to make a few extra bucks doing this will be severely prosecuted for the dire act of "unlawfully practicing medicine."
Kentucky and Idaho limit condom sales to medical practitioners and licensed pharmacists, but their license to sell the items may not be hung on a wall where it can be seen by customers.
Maine licenses condom sellers and the license must always be on public display.
Nevada, with 35 legal bordellos, has no condom problem. The use of condoms in Nevada brothels is compulsory.
In Skullbone, Tennessee, the law bans a woman from "pleasuring a man" while he is sitting behind the wheel of any moving vehicle. Any man stopped and found with the front of his pants undone can be fined a minimum of $50 and serve 30 days in jail.
In California, adultery is punishable by a $1,000 fine and/or one year in prison. In Arkansas, offenders are fined a mere $20 to $100.
Single guys and gals caught in the act of sex in Michigan can be fined as much as $5,000, and they could be sentenced to as many as five years in prison. Single adults in Texas who are apprehended while having sex are charged with a misdemeanor and given a $500 fine. (Living in Michigan I’ve never heard of this law, if it is still on the books it must not be enforced)
Branchville, South Carolina, retains an old piece of legalese covering those who "lewdly and lasciviously associate, bed, and cohabit together, in a public or non-public place." The amorous couple can be punished with a $500 fine and as much as a six-month prison term.
Rhode Island prohibits unmarried people from partaking of bedroom activities under any circumstances. However, if caught, the lovers are both fined $10.
Unmarried adults in Arizona who decide to fool around a little are committing a serious felony. Anyone single, man or woman, caught having sex can be sent to the penitentiary for three full years. (wow, I’ve had unmarried sex in Arizona, didn’t know I could have went to jail for it)
South Dakota threatens a 10-year prison term for "copulation by means of mouth." Utah has made this same act a misdemeanor. There, oral sex brings a six-month jail term and a $299 fine. Rhode Island labels it an "'abominable, detestable crime against nature," and such activity brings a seven-to-10-year stretch in the penitentiary. It is outlawed in New Mexico where participation is punishable by a $5,000 fine and a two-to-10-year sentence. Florida chastises with a 20-year prison sentence those who take part in this act.
Go to Kansas if you really must do business with a hooker. It's only one month in jail and a $500 fine for anyone who gets caught. Better yet, visit Nevada, where prostitution is legal.
In Nebraska, buggery, or anal copulation, can bring a whopping 20 years in the penitentiary. And buggery in Pennsylvania can bring transgressors a $5,000 fine and 10 years at hard labor. (extremely harsh, hope that’s no longer enforced)
South Carolina's Code of Laws 16-412 includes "the abominable crime of buggery." A $500 fine and five years in prison are the punishment. Buggery in Maryland brings a one-to-10-year prison term. Anyone in Kansas caught engaging in this activity draws a maximum sentence of six months in jail.
Michigan law prescribes five years in prison for a man who engages "in acts of gross indecency, either in public or private." This includes mutual masturbation by two men or the simple act of solitary masturbation.(never heard of this law either, but who knows)
New Jersey law threatens men with a three-year sentence for "mutual masturbation." The law covers anyone "who, in private, is a party to an act of lewdness or sexual indecency with another."
No one may have sex while riding in the sidecar of a motorcycle in Norfolk, Virginia, where an old ordinance outlaws anyone from doing so while cruising down a city street. (someone at some point had to have actually done this)
Some of these laws may be silly and very outdated but as long as they still exist they have the possibility of being enforced along with the laws that are still unfairly enforced every day. We must all fight for our freedom, especially our sexual freedom. The government has no right to be involved in the most private area of our lives. Fight to keep politicians and law enforcement out of your bedroom.
If you want to get more information about sex laws and how to fight them and get them changed visit these websites:
National Coalition for Sexual Freedom
http://www.ncsfreedom.org
Free Speech Coalition
http://www.freespeechcoalition.com
Woodhull Freedom Foundation and Federation
http://www.woodhullfoundation.org
Another great website with loads of information about sexuality, sex politics and censorship is http://www.bettydodson.com
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