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From:
Subject: Re: [WHITNEY-L] Oddity for the WRG
Date: Thu, 21 Dec 2000 16:00:06 EST
Hi,
I checked on the Mass Statutes dealing with Fornication and found that
Section 18 of Chapter 272 of the Mass General Laws is the criminal statute
which provides that whoever commits fornication is punishable by imprisonment
for not more than three months or by a fine of not more than $30. That
statute dates back to the 17th century. Chapter 277, section 39 defines
fornication as "Sexual intercourse between an unmarried male and an unmarried
female". Thus, it is consentual sex and cannot be rape and it is between
unmarried parties and thus is not adultery. Interestingly, Adultery, being
sex involving a married party, under the provisions of Chapter 272, Section
12, is punishable by imprisonment in the state prison for not more than three
years or in a jail (county) for not more than two years or a fine of up to
$500. Fornication is a misdemeanor whereas adultery is a felony. Case law
now has pretty much decriminalized fornication in Massachusetts.
Fornication is still on the books in about 1/3rd of the states and adultery
in about 1/2 of the states.
Poor Benjamin, he was ahead of his time.
Best regards and Merry Christmas,
Jim Whitney
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