Legal Question in Family Law in Virginia

weird laws.

I have 2 sex law questions.

1) In Va. are thger laws aginst having esx without being married? And/or having sex only in the missionary position.

2) In west Virginia is it legal to have sex with an animal, as long as it is under 40 pounds.

I have seen these 2 laws, website called dumb laws My parents, and I would like to know if they are true lwas?

Even if outdated, and not amended.


Asked on 11/11/08, 4:02 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: weird laws.

1. Yes, and no.

2. I don't know about this one and wouldn't answer if I did.

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Answered on 11/11/08, 6:38 pm
Robert Beard Attorney at Law

Re: weird laws.

There are laws in Virginia prohibiting sex outside of marriage.

Fornication (2 unmarried persons) is illegal:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-344

Adultery is illegal (1 married person, or 2 married persons not married to each other):

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-365

It is not illegal to have sex other than in the missionary position. It is, however, illegal to have oral or anal sex in Virgina, whether or not you are married:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-361

In view of recent court cases involving the constitutional right of privacy, it is not certain that all of these laws can be enforced, but they are still on the books, and are sometimes prosecuted.

As to West Virginia laws, I will resist the chance to make a West Virginia joke, and say only that you should check with someone who knows something about West Virginia law.

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Answered on 11/11/08, 7:33 pm


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