Sex before marriage is still a crime in Virginia — and it’s not the only state
The Virginia state code lays the rules out clearly under its “fornication” section.
“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,” the code says.
That law is still on the books in the state — for now.
On Feb. 6, the Virginia House of Delegates voted overwhelmingly to repeal that fornication code, with just a handful of Republican members voting to keep the law. One delegate abstained from voting.
Democratic Del. Mark Levine of Alexandria introduced the legislation to repeal the antiquated code, which is punishable by a fine up to $250 but was ruled unconstitutional by Virginia’s Supreme Court 15 years ago, according to the Associated Press.
Levine’s legislation strikes references to both “fornication” and “adultery” from the code.
Virginia isn’t the not the only state where “fornication” is apparently outlawed: Idaho and North Carolina consider the act criminal, CNN reports.
Idaho threatens six months in prison and a fine up to $300 for “any unmarried person found guilty of having sex with another unmarried person.”
North Carolina threatens six days in jail and a $1,000 fine against unmarried people who “lewdly and lasciviously” share a bed or live with another unmarried person.
Massachusetts and Utah repealed fornication laws in 2018, according to CNN.
“No one should think they can be prosecuted for this common practice,” Levine said of the Virginia code, according to AP. “Now that the Democrats are in power, I’m thrilled to get it off the books. … It’s a stupid law. It’s crazy.”
So is the fornication law enforced? AP reports that a legislator told The Virginian-Pilot newspaper in 2014 that “there were eight convictions of fornication in 2013.”
“In the U.S., if it’s on the books, it’s enforceable,” University of Louisville law professor JoAnne Sweeny said, according to AP.
The Virginia bill was referred to the Senate for consideration in that chamber on Feb. 7.
“We should not have laws that make most of the population into criminals,” Levine said, according to CNN. “Times are very different now than they were in the 17th and 18th centuries.”
This story was originally published February 11, 2020 at 12:12 PM with the headline "Sex before marriage is still a crime in Virginia — and it’s not the only state."
