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why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: halfasleep ()
Date: October 30, 2008 12:48PM

*** NO CHILDISH COMMENTS PLEASE. THIS IS A SERIOUIS LEGAL QUESTION ***

http://leg1.state.va.us/000/cod/18.2-67.4C1.HTM

at first, I thought it was just one of those "ancient" laws that still remained
in the law books because the legislators were too lazy/busy to repeal it, so it
is probably not practiced in real life. (not enforced by the state police or
Fairfax County police)

But apparently I was wrong, as usual. I came upon this when checking the
sex offender registry to see if there were any perps living in my area.
Apparently people are still arrested/tried and succesfully convicted for
fellatio and sodomy in this state, as recently as 2007.

Can anybody with some legal knowledge explain this to me, please?

Thanks!

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: MrMephisto ()
Date: October 30, 2008 12:54PM

As far as I know, "sodomy" is considered to be anything other than missionary position. Butt-sex, blowjobs, doggy style, reverse cowgirl, 69, cunnilingus, sideways, standing up, lotus position, and pretty much the entirety of the Kama Sutra are technically illegal.

It's one of those fluff charges that they tack on, like a seatbelt law. Nobody's going to hunt you down for getting a hummer, unless it's non-consensual or with a child.

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: NotJustThat ()
Date: October 30, 2008 02:22PM

It's not just the white-washing of the tonsils that's illegal in VA, it's against the law as well to simply cohabitate with a member of the opposite sex when not married to them.

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: MrMephisto ()
Date: October 30, 2008 02:41PM

NotJustThat Wrote:
-------------------------------------------------------
> It's not just the white-washing of the tonsils
> that's illegal in VA, it's against the law as well
> to simply cohabitate with a member of the opposite
> sex when not married to them.

But only if you're having the S-E-X with them.

I think that I've violated every archaic, unenforced law mentioned so far.

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: sdhsdkjn ()
Date: October 30, 2008 05:55PM

no childish comments???? Your question.....is about FELLATIO...how about no childish questions....#2....have you read any other posts on this website...surely then you are aware you are at the center of serious and mature discussion. ps---fellACH me.

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: trogdor! ()
Date: October 30, 2008 07:46PM

Because this is the state that up until 1967, people of different races couldn't get married:

http://en.wikipedia.org/wiki/Loving_vs_virginia

Loving Vs. Virginia.

So ironic that the slogan is now: Virginia Is For Lovers

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: Read the code ()
Date: October 31, 2008 07:02AM

If you read the code it has to do with people who knowing infect people with an STD..ie HIV hepatitis etc. if you are married you can do what ever you want with each other, as long as both parties consent. But even that is a newer law in the books

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: trogdor! ()
Date: October 31, 2008 08:54PM

Read the code Wrote:
-------------------------------------------------------
> If you read the code it has to do with people who
> knowing infect people with an STD..ie HIV
> hepatitis etc. if you are married you can do what
> ever you want with each other, as long as both
> parties consent. But even that is a newer law in
> the books



I didn't even look at the original poster's cite. It is still, however, illegal with or without HIV. It's a crime (class 6 felony) against nature, and if you do it with a family member then it's a class 5 felony. Note that being on the receiving end is the same crime. Consent of a married couple is irrelevant. Still a crime, as no exceptions are made for marriage.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-361

§ 18.2-361. Crimes against nature; penalty.

A. If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony, except as provided in subsection B.


B. Any person who performs or causes to be performed cunnilingus, fellatio, anilingus or anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or sister, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least 13 but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony.

C. For the purposes of this section, parent includes step-parent, grandparent includes step-grandparent, child includes step-child and grandchild includes step-grandchild.

(Code 1950, § 18.1-212; 1960, c. 358; 1968, c. 427; 1975, cc. 14, 15; 1977, c. 285; 1981, c. 397; 1993, c. 450; 2005, c. 185.)



Edited 2 time(s). Last edit at 10/31/2008 08:57PM by trogdor!.

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: tomahawk ()
Date: November 01, 2008 10:43AM

The reason for paragraph B:


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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: Eastsider ()
Date: November 08, 2008 09:31AM

Just so you sinners know, these VA laws have been struck down as a direct result of the Lawrence decision by the Supreme Court.

Virginia's Supreme Court applied that decision to strike down VA's laws:

http://en.wikipedia.org/wiki/Martin_v._Ziherl

So you all can enjoy fellatio with impunity.

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: trogdor! ()
Date: November 09, 2008 07:45PM

Eastsider Wrote:
-------------------------------------------------------
> Just so you sinners know, these VA laws have been
> struck down as a direct result of the Lawrence
> decision by the Supreme Court.
>
> Virginia's Supreme Court applied that decision to
> strike down VA's laws:
>
> http://en.wikipedia.org/wiki/Martin_v._Ziherl
>
> So you all can enjoy fellatio with impunity.

Not so fast sickos! In Martin v. Ziherl the VASC only struck down 18.2-344 which deals with fornication (Sex, and we mean missionary style only) outside of marriage. One must wonder why the VA Legislature hasn't gotten around to removing it form the code yet (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-344) . Oh, yes..they're too busy.

Fellatio, however, is not fornication by definition. Fellatio is a crime against nature and isn't considered "sexual intercourse". However, it's likely the VASC would also rule the same way and strike down this law.

So, who want's to get their full name on a famous supreme court case for getting a blow job? Show of hands??

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Re: why is fellatio, even between married couple, still illegal according to current Virginia or Fairfax County laws?
Posted by: MrMephisto ()
Date: November 09, 2008 10:13PM

I'll do it. If it was good enough for Clinton, it's good enough for me.

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