11
   

is adultery a crime?

 
 
Reply Thu 10 Jun, 2010 08:33 am
Suzanne Corona, a 41-year-old woman from Batavia, N.Y., just east of Buffalo, was busted along with 29-year-old Justin Amend last week, police said. Suzanna was having sex with a man on a picnic table in a public park in New York city and was arrested for public lewdness.
When it was discovered that Corona was married, the adultery charge was added. She faces up to 90 days in jail or a $500 fine.
According to court papers obtained by WHAM 13, Corona told police at the time of her arrest, "I know what I did was inappropriate and I apologize, but you'd understand if you knew what my life was like."

She told officers her husband is "transgender," and that the two "never had sex."
"At this point, the charge is still pending," he added, noting that it was the police who chose to charge Corona with adultery.

I don't get the criminal charge of adultery, do we have enough prisons? Aren't we fighting against this sort of sharia law?






 
Krumple
 
  1  
Reply Thu 10 Jun, 2010 08:38 am
@dyslexia,
i agree, the state should have no say in adultery or marriages period.

what people decide to do as far as relationships go should be between the people and the government should mind it's own business unless the people are harming each other, destroying each others property or preventing one another from doing what they want.
Fido
 
  1  
Reply Thu 10 Jun, 2010 08:54 am
@dyslexia,
Since it has the likelyhood of resulting in a disturbance of the peace, adultery should be a crime.. Marriage as a form is not only a form of relationship between the two people married, but between their families and the whole of society... There should be some sort of protection for the form, just as there is an escape hatch of divorce... There is no reason for adultry, and no reason to kill anyone to get free... I would suggest that the ages of the people involved played a part in the act, and that there are larger problems in the marriage besides no sex with a trnsgendered husband... It seems unlikely to me that this is the first and only incident of infidelity on the wife's or husband's part....
0 Replies
 
Fido
 
  1  
Reply Thu 10 Jun, 2010 09:04 am
@Krumple,
I would say that marriage is a form, and a quite old form, and since every form is also a form of relationship, that it is not the form, but the relationship which is essential... The state is also a form and a form of relationship, and like marriage, the state also has property considerations, so really, the state has a role in the regulation of marriage... First of all, it should protect people from behavior that is likely to result in violence, and should act to prohibit and limit the spread of disease, and this is moral... As a contract, the state has the obligation to protect people from abuse, and since people enter into marriages making certain promises and offering a certain considerations it is the responsibility to see that people follow through to the best of their ability... People are not obligated to stay in a failed relationship, but the legal way out is the proper way out... They should not presume upon their own authority to make themselves the practical husbands of other wives, or wives to other husbands...
0 Replies
 
Mame
 
  -2  
Reply Thu 10 Jun, 2010 09:04 am
@dyslexia,
Look, doofus, this belongs in the Philosophy forum - wake up and pay attention!!! Now git your little butt on over there.
0 Replies
 
shewolfnm
 
  2  
Reply Thu 10 Jun, 2010 09:06 am
Its not illegal.
Well.. at least not in Texas. And you would ASSUME that in this backwards, christian driven, low IQ state that it would be Laughing
Mame
 
  1  
Reply Thu 10 Jun, 2010 09:09 am
@shewolfnm,
Other than the Christian part, I'm ASSUMING that's why it's NOT!
shewolfnm
 
  1  
Reply Thu 10 Jun, 2010 09:11 am
@Mame,
If it were illegal here the jails would be full up, and paternity tests would be sold in Walgreens!
Mame
 
  1  
Reply Thu 10 Jun, 2010 09:29 am
@shewolfnm,
Sounds like Arkansas.
0 Replies
 
Miller
 
  -3  
Reply Thu 10 Jun, 2010 09:47 am
@dyslexia,
dyslexia wrote:

Aren't we fighting against this sort of sharia law?


On Mt Sinai, God spoke to Moses:


EXODUS CHAPTER 20
1 And God spoke all these words saying:

2 I am the LORD thy God, who brought thee out of the land of Egypt, out of the house of bondage.

3 Thou shalt have no other gods before Me. 4 Thou shalt not make unto, thee a graven image, nor any manner of likeness, of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth; 5 thou shalt not bow down unto them, nor serve them; for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate Me; 6 and showing mercy unto the thousandth p. 89 generation of them that love Me and keep My commandments.

7 Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh His name in vain.

8 Remember the sabbath day, to keep it holy. 9 Six days shalt thou labour, and do all thy work; 10 but the seventh day is a sabbath unto the LORD thy God, in it thou shalt not do any manner of work, thou, nor thy son, nor thy daughter, nor thy man-servant, nor thy maid-servant, nor thy cattle, nor thy stranger that is within thy gates; 11 for in six days the LORD made heaven and earth, the sea, and all that in them is, and rested on the seventh day; wherefore the LORD blessed the sabbath day, and hallowed it.

12 Honour thy father and thy mother, that thy days may be long upon the land which the LORD thy God giveth thee.

13 Thou shalt not murder.

Thou shalt not commit adultery.

Thou shalt not steal.

Thou shalt not bear false witness against thy neighbour.

14 Thou shalt not covet thy neighbour's house; thou shalt not covet thy neighbour's wife, nor his manservant, nor his maid-servant, nor his ox, nor his ass, nor any thing that is thy neighbour's.

15 And all the people perceived the thunderings, and the lightnings, and the voice of the horn, and the mountain smoking; and when the people saw it, they trembled, and stood afar off. 16 And they said unto Moses: 'Speak thou with us, and we will hear; but let not God speak with us, lest we die.' 17 And Moses said unto the people: 'Fear not; for God is come to prove you, and that His fear may be before you, that ye sin not.' 18 And the people stood afar off; but Moses drew near unto the thick darkness where God was.

19 And the LORD said unto Moses: Thus thou shalt say unto the children of Israel: Ye yourselves have seen that I have talked with you from heaven. 20 Ye shall not make with Me""gods of silver, or gods of gold, ye shall not make unto you. 21 An altar of earth thou shalt make unto Me, and shalt sacrifice thereon thy burnt-offerings, and thy peace-offerings, thy sheep, and thine oxen; in every place where I cause My name to be mentioned I will come unto thee and bless thee. 22 And if thou make Me an altar of stone, thou shalt not build it of hewn stones; for if thou lift up thy tool upon it, thou hast profaned it. 23 Neither shalt thou go up by steps unto Mine altar, that thy nakedness be not uncovered thereon.

It is the law of God, that's why adultery is forbidden.
shewolfnm
 
  1  
Reply Thu 10 Jun, 2010 09:59 am
god doesnt exist.
not a basis for a law.
ebrown p
 
  3  
Reply Thu 10 Jun, 2010 10:14 am
@shewolfnm,
I don't remember ever hearing about God getting married--- yet he has a son.... hmmmmm.
0 Replies
 
firefly
 
  1  
Reply Thu 10 Jun, 2010 10:16 am
@dyslexia,
Well, in NY, even the governor would be guilty (not to mention the previous governor, who resigned because of his involvement with a prostitute).

Quote:


Truth is, even in 2010, there are social and religious conservatives who do not want the U.S. adultery laws repealed.

Quote:

USA TODAY Opinion
Adultery, in many states, is still a crime
4/25/2010 3:29 PM
By Jonathan Turley

Across the country, some social conservatives are fighting for what they view as a critical article of faith: criminal adultery laws. In the U.S., in the year 2010, people can still be prosecuted for breaching their marital vows. The laws are some of the last remnants of our Puritanical past, where infidelity was treated as not only a marital but also as a criminal matter. While the laws have been challenged as unconstitutional, many people are resistant to the idea of removing such "morality crimes" from our books.
In New Hampshire, for instance, legislators are trying to repeal a 200-year-old adultery law that is widely viewed as unconstitutional. Social conservatives, however, insist that such laws are needed to back up moral dictates with criminal sanctions. A 1997 poll showed that 35% of Americans believe adultery should be a crime, and similar efforts to decriminalize adultery have met with opposition in states such as Illinois and Minnesota.

For many civil libertarians, it is an equally important moment when our nation can finally move beyond laws that require citizens to comply with the moral dictates of their neighbors.

About two dozen states still have criminal adultery provisions. While prosecutions remain rare, they do occur. And beyond the criminal realm, these provisions can be cited in divorce proceedings, custody disputes, employment cases and even to bar people from serving on juries. Though someone such as Tiger Woods might not be prosecuted, these laws could be cited in any divorce proceedings to show not just infidelity but also possible criminality in his lifestyle.

Lingering Puritan influence

When the Puritans came to this land, they left a country where the English treated adultery as largely a civil and personal matter. The Puritans wanted to create a society where moral dictates were enforced by harsh corporal punishments.

Nathaniel Hawthorne's The Scarlet Letter accurately portrayed colonial America under such criminal laws enforcing religious values. There was extensive entanglement between church and state, with adulterers punished for their immorality. In 1644, Mary Latham and James Britton were hanged for their adultery in Massachusetts.

Ironically, England at the time was far more tolerant of adultery as a personal matter. Most of these early laws were framed in sexist terms: protecting a husband's exclusive "rights" over his wife as virtual property. Besides death, other punishments included branding, whipping and a variety of shaming punishments.

Civil libertarians have long opposed adultery laws as a version of the "tyranny of the majority" over the values of citizens. Many thought this debate was closed after the 2003 decision of the Supreme Court in Lawrence v. Texas, which struck a Texas statute criminalizing consensual sodomy. They underestimated the political resistance to the idea of making infidelity a purely civil matter.

In Minnesota, for example, state Sen. Ellen Anderson in December made the modest suggestion that the state repeal laws that make it illegal for a married woman to cheat on her husband and make it a crime for single women to have sex at all. The response of the Minnesota Family Council (MFC) was to call for the law not to be repealed but strengthened. Make it a crime for men, too, the group argued.

Tom Prichard, MFC's president, said these laws are essential because "they send a message. ... When you are dealing with a marriage, it's not just a private activity or a private institution. It's a very public institution. It has enormous consequences for the rest of society." The law is still on the books.

Likewise, when the Illinois legislature last year made a comprehensive set of changes to update the state's laws, it notably kept the criminal provisions for adultery and fornication. In addition to roughly half of the states, adultery remains a criminal offense in the military, where prosecutions occur regularly.

In these state and federal systems, adults who cheat on their spouses are still deemed presumptive criminals and face the potential of a criminal charge. Just a year after the Lawrence decision, John R. Bushey Jr., then 66, the town attorney for Luray, Va., was prosecuted for adultery and agreed to a plea bargain of community service. A year later, Lucius James Penn, then 29, was charged with adultery in Fargo, N.D. In 2007, a Michigan appellate court ruled that adultery can still support a life sentence in that state.

The insistence on keeping these crimes on the books is an affront to our Constitution "" just as it would be an affront to keep anti-miscegenation provisions criminalizing interracial marriages. We should use this moment to establish a bright line between personal and public offenses. The Puritans had it wrong when they saw the law as a way of enforcing their religious values. While we all condemn adultery, it is a personal failing and an offense against a spouse "" not a matter which should require a legal judgment.

A matter for couples

Some individuals learn about these provisions for the first time in divorce and other cases "" where the criminal character of the alleged conduct can be cited to justify penalties. Of course, adultery is and should remain grounds for a divorce "" but without being a crime. Adultery is a clear violation of the contractual obligation between a married couple and rather obvious evidence of a loss of intimacy and fidelity.

While the Puritans had many redeemable qualities, their use of colonial laws to execute or beat or brand people for immorality was a savage tradition. This country has matured to the point that we can put away criminalized moral codes and leave such matters to individual citizens, their families and their respective faiths. It is time to allow couples to police their own marriages.

Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, is a member of USA TODAY's Board of Contributors.

http://www.usatoday.com/news/opinion/forum/2010-04-26-column26_ST_N.htm



So, adultery laws are still on the books in about half of the states in the U.S.. Notice that, in Michigan, adultery can still support a life sentence....
0 Replies
 
Miller
 
  -1  
Reply Thu 10 Jun, 2010 10:21 am
Quote:
Notice that, in Michigan, adultery can still support a life sentence....


God's law shall prevail.
0 Replies
 
fresco
 
  1  
Reply Thu 10 Jun, 2010 10:48 am
Moses comes down the mountain to the waiting Israelites.

"I've got good news, and bad news.
The good news is there's only ten commandments !
The bad news is, adultery is still in !"

(apologies to those who've heard it)
firefly
 
  4  
Reply Thu 10 Jun, 2010 11:12 am
@fresco,
Henry, who was very elderly, was unhappy because he had lost his favourite hat. Instead of buying a new one, he decided he would go to church and steal one out of the entrance porch when the worshippers were busy praying.

When Henry arrived at the church an usher intercepted him at the door and took him to a pew where he had to sit and listen to the entire sermon on 'The Ten Commandments.'
After the service, Henry met the vicar in the vestibule doorway, shook his hand vigorously, and told him, 'I want to thank you Father for saving my soul today. I came to church to steal a hat and after hearing your sermon on the 10 Commandments, I decided against it.'

The vicar answered, 'You mean the commandment ' Thou shall not steal' changed your mind?'
'No, 'retorted Henry, 'the one about adultery did. As soon as you said that, I remembered where I had left my old hat.'
0 Replies
 
GoshisDead
 
  2  
Reply Thu 10 Jun, 2010 11:14 am
Adultry as a criminal law: I don't see how it can be illegal unless all sex were criminalized.
Adultry as a civil law: Could very well be seen as breech of contract. In many states it is taken into account during divorce settlements as well it should be. However It might also be grounds for other suits as well. The only way to get the government out of people's sex lives is to get the government out of marriage and the like alltogether. Until then there is no real way to say, the govt. shouldn't do x about this relationship. Our sex lives are government purview until the government no longer sanctions or regulates relationships.

However, in taking the government out of our sex lives we also open up issues like deadbeat parents and child support. It is hard do deregulate relationship laws and not deregulate child abandonment laws.
William
 
  1  
Reply Thu 10 Jun, 2010 11:35 am
@dyslexia,
dyslexia wrote:

Suzanne Corona, a 41-year-old woman from Batavia, N.Y., just east of Buffalo, was busted along with 29-year-old Justin Amend last week, police said. Suzanna was having sex with a man on a picnic table in a public park in New York city and was arrested for public lewdness.
When it was discovered that Corona was married, the adultery charge was added. She faces up to 90 days in jail or a $500 fine.
According to court papers obtained by WHAM 13, Corona told police at the time of her arrest, "I know what I did was inappropriate and I apologize, but you'd understand if you knew what my life was like."

She told officers her husband is "transgender," and that the two "never had sex."
"At this point, the charge is still pending," he added, noting that it was the police who chose to charge Corona with adultery.

I don't get the criminal charge of adultery, do we have enough prisons? Aren't we fighting against this sort of sharia law?


Hello dyslexia, it seems this was not a marriage but a fiasco; an extreme adulteration to begin with.

William
0 Replies
 
JTT
 
  2  
Reply Thu 10 Jun, 2010 12:46 pm
@Miller,
Quote:
On Mt Sinai, God spoke to Moses:


Were you there or are you just going by hearsay?
0 Replies
 
OmSigDAVID
 
  1  
Reply Thu 10 Jun, 2010 12:53 pm
@shewolfnm,
shewolfnm wrote:

Its not illegal.
Well.. at least not in Texas.
And you would ASSUME that in this backwards, christian driven, low IQ state that it would be Laughing
Adultery is a crime in NY.
It is a violation of ยง 255.17 of the NY Penal Law.
Adultery is a class B misdemeanor. (a year in jail)
0 Replies
 
 

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