It is still illegal on the books of Virginia statutes for MARRIED couples to engage in oral sex under Va. Code § 18.2-361 (A).
If married husband and wife play around they are guilty of a Class 6 felony !!!!
Part of that statute deals with some outrageous perversions, but it also makes it a CRIME to simply engage in oral sex or anal sex between ANY male or female person -- even if they are married to each other!!!!
So it is too broad.
Similarly, it is a Class 3 misdemeanor (Class 1 on a second offense) to simply LIVE TOGETHER (cohabit) with an unmarried person in a "lewd and lascivious manner" (presumably having sex outside of marriage) "or, whether married or not, be guilty of open and gross lewdness and lasciviousness"
One of the dangers of bad government is when laws are so VAGUE and open-ended that they can be mis-used and abused by a prosecutor having too much discretion.
Response from state government
The Office of the Secretary of Public Safety indicates the laws of Virginia can not be read in isolation but, rather must be read in conjunction with the applicable federal and state case law that provides interpretation for, and sometimes limits on, the application of those laws. Those laws that affect various sexual acts are no exception. When read along with the applicable case law, it becomes clear that the limitations imposed do not apply when the acts are between consenting adults in a private setting. Acts that violate Virginia law between adults and minors, which are performed in view of the public, that are not consensual, or are of a commercial nature remain a crime in Virginia.
The key case law in this area includes the United States Supreme Court ruling in Lawrence v Texas, 539 US 558 (2003) which held that an act of sodomy between two consenting adults in a private setting was Constitutionally protected. This case has been applied in Virginia in two cases Singson v Commonwealth, 46 Va. App. 724 (Nov 8, 2005) and Tjan v Commonwealth, 46 Va. App. 698 (Nov 8 2005). Both of these cases upheld the validity of Virginia’s Crimes Against Nature law, §18.2-361, except as applied to consenting adults in a private setting. The Virginia law, when read in conjunction with the applicable case law protects the rights of consenting adults, whether married or not, to be intimate in a private setting.Outdated laws still on the books.
There is a TV show about these laws nationwide. They were recently in a virginia city "breaking" one of these laws. They wased a donkey in a public square. I can't remember what city it was in (or town), but the mayor even presented them a proclimation. The aim of the show is to get legislators to clear the books of these laws.
In the case of the sex laws, these are used to proesecute public displays of affection that are not socailly acceptable. The cohabitation law is used to re-incarcerate paroled fellons. The most recent public example of this was the case of one of the founders of PETA, who was convicted of fellony property damage for throwing paint on fur coats in Richmond. Before she could be released on parole, her live-in boyfriend had to move out of their home.
I totally agree with you that these laws invite an unscrupulous police department or officer or other government official to peep into windows (with our curernt technology, this is not so hard to do) of their "enemies" or someone they want to persecute. In a democracy it behooves the people to make sure that their repersentatives remove laws that at one time were useful but now no longer represent the will of the people. Did you know that it is illegal to ride a horse into the sea in Portsmouth, VA? In the 1600's through early 1800's it was not uncommon for briggands to ride out and "hijack" longboats rowing cargo in from ships anchored off the coast. Now there is a harbor and briggands no longer ride horses. Given the cost of a good horse today, who would risk it's life and their loss riding it into the ocean or bay and loose it to strong undertoe? Why take up shelf space with such senseless laws?