Crime against nature
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Crime against nature is a legal term used in published cases in the United States since 1814[1] and normally defined as a form of sexual behavior that is not considered to be natural and is seen as a punishable offense in several US states. In the broadest sense, a crime against nature could even include masturbation and unusual sexual positions, but these are not seen as such. Sexual practices that are often considered to be crimes against nature are anal sex, bestiality, homosexual acts, fellatio, cunnilingus and necrophilia. The term is sometimes also seen as a synonym for sodomy.[2]
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[edit] Current use
Currently, the term crime against nature is still used in the statutes of and thus considered to be a crime in the following American states:
- Idaho
- Louisiana - R.S. 14:89
- Michigan Human rights vs Kelly
- Massachusetts (Massachusetts General Laws c.272, sec. 34)
- North Carolina
- Oklahoma (Same-sex only)
- Virginia
[edit] Louisiana
As an example, Louisiana Revised Statutes (R.S.) 14:89 provides:A. Crime against nature is: (1) The unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime. (2) The solicitation by a human being of another with the intent to engage in any unnatural carnal copulation for compensation. B. Whoever violates the provisions of this Section shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
Louisiana's legislature enacted its crime against nature law in 1805 and revised it 1807, 1896, 1942, 1975, and again 1982. [3] The 1942 act took the present definition from § 50 of the 1937 proposed Illinois Penal Code since it was more explicit than the former Louisiana statute. In its present form, R.S. 14:89 is part of title 14 of Louisiana' criminal code and categorized in section 89 as offenses affecting the public sexual immorality.
On April 28, 2005 the Fifth Circuit Court of Appeal of Louisiana ruled unconstitutional the parts of the statute that criminalize adult consensual anal and oral sex. [4]
[edit] Controversy
Except for the above seven states, all other states in the United States have repealed their crimes against nature laws. By many, the crimes against nature law is now considered to be archaic and is seen as a law that discriminates against certain sexualities. A further problem is that it is not clearly defined what acts are actually considered to be a crime against nature. Some believe that these laws would not stand up in a constitutional challenge to the US Supreme Court following the 2003 ruling in Lawrence v. Texas, but it is important to note that these states generally prohibit "crimes of nature" regardless of the genders of those performing the acts. One of the biggest advocates against the law is the American Civil Liberties Union.
[edit] Similar laws
As of 1994: In the state of Montana, same sex deviate sexual conduct is a criminal offense with punishment being up to ten years in prison and fines of up to 50.000 USD. In Mississippi, unnatural sexual conduct allows for a maximum prison sentence of also ten years. South Carolina forbids the abominable crime of buggery without further elaboration, the maximum punishment being 5 years in prison and fines of up to 500 USD. Further, several US states have sodomy laws specifically outlawing sodomy, which can be seen as being similar to a crime against nature.[5] Section 377 of the Singapore Penal Code also prohibits carnal intercourse against the order of nature and article 377 of the Indian Penal Code calls for a maximum punishment, being life imprisonment, for all sexual acts against human nature.
[edit] Other uses
The term crime against nature is sometimes also used to describe acts of animal abuse or acts that are considered to be damaging to the natural environment. Certain medical/scientific experiments and developments such as cloning are also labeled as crimes against nature by some.
[edit] Footnotes
- ^ Andrews v. Vanduzer, N.Y.Sup. 1814 (January Term, 1814)(Vanduzer accused Andrews of having had connection with a cow and then a mare and the court understood this to mean that Vanduzer was going around telling others that Andrews had been guilty of the crime against nature with a beast.
- ^ See Rose v. Locke, 1975, 96 S.Ct. 243, 423 U.S. 48, 46 L.Ed.2d 185.
- ^ Louisiana Acts 1805, § 33. Rev.St.1870, §§ 788, 976. Acts 1896, No. 69. Acts 1942, No. 43, § 1, Art. 89. Acts 1975, No. 612, § 1; Acts 1982, No. 703, § 1.
- ^ Sodomy law revisions are upheld on appeal, Times-Picayune [1]
- ^ US legal issues and sexuality (1994) [2]
