Wednesday, January 22, 2003

A story published today by CNSNews.com reports that Virginia law currently outlaws consensual sexual behavior between adults citing it as a "Crimes against nature". This prohibits the making or consenting to such sexual contact a Class 6 felony, punishable by a term of imprisonment not less than one year nor more than five years, or a confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

Virginia also bans voluntary sexual intercourse between unmarried persons. This is punishable as a Class 4 misdemeanor which imposes a fine of not more than $250 upon a successful conviction.

Lewd and lascivious cohabitation is also prohibited in Virginia and is punishable as a Class 3 misdemeanor upon a first successful conviction which carries a fine of not more than $500. Subsequent convictions are punishable as Class 1 misdemeanors which have a sentence of not more than twelve months in jail and a fine of not more than $2,500, either or both. All parties cohabiting are subject to prosecution.

Delegate L. Karen Darner has introduced two bills that attempt to legalize consensual acts between adults. The first bill, HB 1468 would legalize " intimate sexual acts between consenting adults which are done in private and for noncommercial purposes. " This concept was apparently too radical and the bill was stricken from the docket by the Courts of Justice. HB 2718 was then introduced which would decriminalize " the act of a person who carnally knows any male or female person who is 18 years of age or older. " No action was taken by the Courts of Justice on this bill.