Virginia Eyes New Sodomy Law: 5 Years In Prison For Violations

[Sapphocrat]

The Virginia General Assembly will consider a new sodomy law when it begins a 60-day session today.

The draft legislation was approved by the Virginia State Crime Commission Tuesday. It prohibits sodomy in public but the commission also recommended keeping a broader application in direct conflict with the Supreme Court.

After the court struck down the Texas Homosexual Conduct law last year (story) similar laws in other states, including one in Virginia became null. As a result the commission drafted the new bill to maintain the ban on public sex. ...

But, even if the existing law is declared unconstitutional in light of the Supreme Court ruling some Virginia lawmakers want to keep it on the books. ...

More:

http://www.365gay.com/newscon04/01/011404virginiaSodomy.htm

[Andy_Stephenson]

1. First they came for the Muslims...

and I was not a Muslim so I said nothing

Then they came for the homosexuals...is it too late?

Gets scarier everyday.

And they say Virginia is for lovers. BULLSHIT!

[Rowdyboy]

2. Some stories just leave you nearly speechless

with astonishment and rage. Thank you for letting me know about this. What ugly, evil, trashy people that simply refuse to get the message. Reminds me of some in my home state of Mississippi who took YEARS to get the basic message of civil rights. How many gay martyrs are gonna be murdered and buried beneath a dam like civil rights martyrs Chaney, Schwerner and Goodman; how many more Matthew Shepherds Will be hung on fences before they realize that we are their sons and daughters, mothers and fathers, siblings, neighbors, coworkers, friends, cashiers, bosses, plumbers, and teachers?

Why do they hate me for my bed partner? Who does our longterm, monogamous love harm and how?

[Sapphocrat]

6. I know, Rowdy...

I'm stunned that any state (even Virginia) would go so far as to defy the SCOTUS just to persecute (and prosecute) us.

You see the hate, you hear it, you feel it, you practically taste it, all around you, every day -- but then something like this comes up, and you start wondering if your perception of anti-gay bigotry in this country is even worse than you thought.

This is so far over the line, it's almost unbelievable.

If the VA legislators don't get cold feet and really go through with this, perhaps we'll see another Roy Moore spectacle, only on a much larger scale.

[PurityOfEssence]

3. Ah, the immortal words of Lenny Bruce...

...put 'em in prison with a bunch of other men...

[bluestateguy]

4. Gov. Warner better veto this...

If these conservatives really had their druthers gays would all be put into ovens and eliminated.

[mobuto]

15. Don't be ridiculous

Warner's a good guy - he's no mad-man. In the event that this is actually passed, he'll veto it in about six seconds.

[LibertyorDeath]

5. Yeah well Virginia can bend over I've got her Sodomy right fricken here

sans the K-Y

[MercutioATC]

7. Do they have the same definition of "sodomy" as most states?

If so, heterosexuals who practice oral (or anal) sex are guilty of sodomy. To the Freepers out there (and the rest of us) I happen to like blowjobs (sorry to be crude). You're saying we should be prosecuted for this?

[KinkyDem]

21. According to this

You would be charged with a misdomeaner and "The Queers" would get a felony and 5 years in jail.

Very fair AND balanced!

I fear for my country and my children.

[Voice_of_Europe]

8. The Irony

Imagine a gay man being sent to jail...

Think he will stop sodomy in there...?
Rather the opposite, I guess, when folklore about prisons is true.

^_^

[amber dog democrat]

9. what about sodomy in prison?

It won't happen there too?

[DulceDecorum]

23. I think that

comes under "body cavity search" and so it is perfectly legal.

[snippy]

10. Maybe this is to prevent Senator on dog sex in Virginia.

Pennsylvania has that problem.

[The Zanti Regent]

11. I wonder...

How many GOP legislators in Virginia are in the closet???????

[WoodrowFan]

12. Only IN PUBLIC

It would make sodomy illegal if it's done in public. Anybody here planning on any anal or oral sex in public? Not likely. It also outlaws it for both hetro and homosexual sex. It does, however, make it a felony while other public sex acts are misdemeanors. Frankly, given our legislature here, I think this is about as much as we're going to be able to get.

[GreatCaesarsGhost]

13. maybe they'll call it the jeff christie law

[WoodrowFan]

17. HEH HEH .

HA! that would be funny!! Wasn't Rushbo, I mean Mr. Christy, arrested in Richmond??

[KinkyDem]

22. Depends on how they define "Public"

I have in fact and most likely will again attend private swingers parties and BDSM events that could fall under the catagory of "Public".

Here's a for instance (I'm a straight BDSM'er so I can't realy speak for the gay experience) I attend a BDSM club. A private club with a memebeship roster etc but the Prosecuter decides that that isn't REALY private and raids the club and myself and my friends are arrested, the gay ones for fellonies and I for a misdomeaner. The police reports are "leaked" to the press nad several people lose their jobs, their families etc.

Does that help put a real face to this issue?

As far as protecting the little children from the "evil people" having sodomite sex in the bushes ... we already have perfectly good laws about that sort of thing, why do we need more?

The Kinky One

[LiberalFighter]

27. Kidnap the prosecutor

Dress him up with the standard bondage apparatus for the male as the slave.
Include any devices for genital and other areas.
Flog, paddle, whip his ass.
Make sure it is all video-taped and pics.

If possible get or force his wife/mistress to act as the Domme.

For total humiliation strap one of those dildoes to his face and strand him out in the middle of the busiest area of town.

[oldcoot]

25. Excessive sentences

I do not mind laws that ban sex and nudity in public. However, I do not favor long prison sentences for people who violate such laws. Generally, I consider a fine and perhaps a night in jail sufficient punishment. Instead, long prison sentences should be reserved for people who commit violent crimes and are a threat to society.

[LiberalFighter]

28. I agree..

the point of sentences should be mainly to punish for severe crimes and to keep them out circulation.

[David__77]

30. More penalty for anal than for vaginal sex? Ridiculous.

Why would it be more of a public nuisance or a crime for two people to have anal rather than vaginal intercourse in public? It's a way to symbolically circumvent the recent Supreme Court decision invalidating gay-targeting laws.

[arwalden]

14. Lawmakers: "But The Law Applies To Straights Too" (wink-wink)

Lawmakers: "We-e-e-ell... even though it's unconstitutional, we'll just keep violating the rights of queers until we're forced to be fair."

[cosmicdot]

16. David Albo runs a law firm, as well as, being a Republican delegate

Equality Virginia Take Action Alert - you may need to modify the message if out of state

http://capwiz.com/federationlgbt/issues/alert/?alertid=4068551&type=CU

the Crime Commission refers to this as their Title 18.2 Study

http://leg3.state.va.us/quickplace/crime/main.nsf/h_9DCCC447B3D74E5F85256DCC006640C9/AAE09CF2BA3F9E0885256DCC0066438D/?OpenDocument

Delegate David B. Albo - Republican
Chairman
Springfield, VA 22150

Senator Kenneth W. Stolle - Republican
Vice Chairman
Virginia Beach, VA 23451

Mr. Michael L. Ball - Governor's direct appointee
Norfolk, VA 23518

Delegate H. Morgan Griffith - Republican
Salem, VA 24153

Mr. Terry W. Hawkins - Governor's direct appointee
Charlottesville, VA 22902

Senator Janet D. Howell - Democrat
Reston, VA 20195

The Honorable Jerry W. Kilgore - Republican
Prior to his election as Attorney General, Kilgore served as Secretary of Public Safety for then Governor George Allen
Attorney General
Richmond, VA 23219

Delegate Terry G. Kilgore - Republican
Gate City, VA 24251

Delegate Robert F. McDonnell - Republican
Virginia Beach, VA 23466-2244

Delegate Kenneth R. Melvin - Democrat
Portsmouth, VA 23704

Delegate Brian J. Moran - Democrat
Alexandria, VA 22304

Senator Thomas K. Norment, Jr. - Republican
Williamsburg, VA 23187

The Honorable William G. Petty - Governor's direct appointee
Commonwealth's Attorney
City of Lynchburg Home of Jerry Falwell enterprises
Lynchburg, VA 24505

http://leg3.state.va.us/quickplace/crime/main.nsf/h_Toc/D0C735EC8AA1927885256D5F0069A547/?OpenDocument

[underpants]

18. Va.'s Sodomy laws (seriously)

http://www.sodomy.org/laws/virginia/

Virginia's Sodomy Law

Virginia outlaws consensual sexual behavior between adults with 18.2-361, "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 with code section 18.2-344 - Fornication. 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.

Of particular note is Virginia's traditional model for sexual crimes in which the wife is considered property and is considered to always consent to the husband's sexual advances unless serious injury took place during the event. Virginia's rape law, 18.2-61 states that "no person shall be found guilty under this subsection unless, at the time of the alleged offense, (i) the spouses were living separate and apart, or (ii) the defendant caused serious physical injury to the spouse by the use of force or violence." Identical language exists for Virginia's Forcible sodomy law, 18.2-67.1.

§ 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.

§ 18.2-361
Crimes against nature
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 carnally knows by the anus or by or with the mouth his daughter or granddaughter, son or grandson, brother or sister, or father or mother shall be 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 thirteen but less than eighteen years of age at the time of the offense, such parent or grandparent shall be guilty of a Class 3 felony.

[David__77]

19. The two criteria are:

1. Laws must apply to same and opposite sex relations equally: if oral sex is affected between two men or two women, it must apply to oral sex between a woman and a man.

2. Laws cannot apply to private, consensual sex between adults.

I guess they can ban "sodomy" in public places. I think though that this is a desire to keep "sodomy" on the books rather than do what's rational, and prohibit all sex acts in public with a single statute.

[Demonaut]

20. Does this apply to givers and takers??

If so then we're all going to jail, we've been taking it in the ass from this president for three years.....................

[missile_bender]

24. What if sodomy holds marraiges together?

Hmmmm?

[oldcoot]

26. Visit Virginia's tourism web site and tell them what you think

They might reconsider this stupid law if they think that it will hurt tourism. Here is the link:
http://www.virginia.org/site/main.asp?referrer=contact .

[Sapphocrat]

29. Good idea...

When I blogged this story, the first thing that came to mind was the lovely vacation I enjoyed with my SO through Shenandoah Nat'l Park a couple of years ago -- and how it would be a cold day in hell before I'd bring my vacation dollars back to a state that's practially put my name and face on a Most Wanted Perverts list.

I for one will definitely drop the VA tourism folks a polite note, with a link and excerpt from the original news item.

Thanks for the idea, oc.

[Zerex71]

31. Actually, it's not about the sex at all...

...It's about other people having fun while they aren't. Simple as that. That's what it really boils down to - conservatives are told from Day One as a zygote that Absolutely Everything You Think, Do and Say Now and Forever is Likely to be Forbidden, especially the fun stuff. Why do you think the Clinton thing was so overblown? Methinks conservatives realize that liberals and progressives have more fun.

Mike