# 20 wacky sex laws in the U.S.: Are you breaking any?

**URL:** https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689
**Category:** Miscellaneous and Personal Stuff I Must Share
**Created:** [February 19, 2014, 5:53am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689 "2014-02-19T05:53:03Z")
**Posts on this page:** 20
**Page:** 1

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### Author: ![vivalostwages](https://avatars.discourse-cdn.com/v4/letter/v/d07c76/32.png) [@vivalostwages](https://boards.straightdope.com/u/vivalostwages)
#### Post date: [February 19, 2014, 5:53am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/1 "2014-02-19T05:53:03Z")

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[http://www.alternet.org/sex-amp-relationships/20-wackiest-sex-laws-united-states](http://www.alternet.org/sex-amp-relationships/20-wackiest-sex-laws-united-states)

RE #5: Who is enforcing this? The Texas Dildo Patrol?

#11: Who’s gonna tell the moose? Did a mass moose memo go out?

#15: Who’s counting?

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### Author: ![thelurkinghorror](https://avatars.discourse-cdn.com/v4/letter/t/7c8e57/32.png) [@thelurkinghorror](https://boards.straightdope.com/u/thelurkinghorror)
#### Post date: [February 19, 2014, 6:09am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/2 "2014-02-19T06:09:13Z")

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These lists are usually fake. Either obsolete laws, or unenforced, or superseded (just like the US still has Prohibition in the Constitution), or “Texas” means Podunk, Texas, population 22.

ETA: And some, like #14 “Necrophilia is legal” almost certainly means that they don’t explicitly forbid that, not that they say it’s okay. If you had your way with a corpse, I’m sure the Parish authorities would find something to jail you for.

Or 19: First cousin marriages? “Alamaba” doesn’t automatically dissolve marriages that would normally be illegal if someone gets married elsewhere and moves to Alabama?

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### Author: ![TheChileanBlob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thechileanblob/32/435_2.png) [@TheChileanBlob](https://boards.straightdope.com/u/TheChileanBlob)
#### Post date: [February 19, 2014, 7:48am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/3 "2014-02-19T07:48:12Z")

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I’m wondering if the lizard-kissing warning is more about salmonella than sex.

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### Author: ![Crazyhorse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crazyhorse/32/31_2.png) [@Crazyhorse](https://boards.straightdope.com/u/Crazyhorse)
#### Post date: [February 19, 2014, 8:27am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/4 "2014-02-19T08:27:17Z")

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> [@thelurkinghorror](#):
>
> These lists are usually fake. Either obsolete laws, or unenforced, or superseded (just like the US still has Prohibition in the Constitution), or “Texas” means Podunk, Texas, population 22.

According to the [Texas Penal Code](http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.43.htm) (“Penal” Ha!):

> [@](#):
>
> Sec. 43.23. OBSCENITY. (a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device.
> 
> (f) A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.
> 
> (7) “Obscene device” means a device including a dildo…

Apparently, however, they are still allowed to elect them to public office.

> [@thelurkinghorror](#):
>
> ETA: And some, like #14 “Necrophilia is legal” almost certainly means that they don’t explicitly forbid that, not that they say it’s okay. If you had your way with a corpse, I’m sure the Parish authorities would find something to jail you for.

[Necrophilia and the Law](http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1099&context=facpubs)

> [@](#):
>
> The Louisiana Supreme Court stated in dicta that “[s]exual intercourse with the dead body of a human being, however shocking it may be, had not been made a crime.”

> [@thelurkinghorror](#):
>
> Or 19: First cousin marriages? “Alamaba” doesn’t automatically dissolve marriages that would normally be illegal if someone gets married elsewhere and moves to Alabama?

[ALA CODE § 30-1-3 ISSUE OF INCESTUOUS MARRIAGES NOT DEEMED ILLEGITIMATE](http://codes.lp.findlaw.com/alcode/30/1/30-1-3)

> [@](#):
>
> The issue of any incestuous marriage, before the same is annulled, shall not be deemed illegitimate.

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### Author: ![Kamino\_Neko](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kamino_neko/32/34_2.png) [@Kamino\_Neko](https://boards.straightdope.com/u/Kamino_Neko)
#### Post date: [February 19, 2014, 9:50am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/5 "2014-02-19T09:50:44Z")

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> [@TheChileanBlob](#):
>
> I’m wondering if the lizard-kissing warning is more about salmonella than sex.

Almost certainly.

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### Author: ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)
#### Post date: [February 19, 2014, 10:14am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/6 "2014-02-19T10:14:19Z")

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All that “bestiality is legal” or “necrophilia is legal” means is that the state never passed a law against it. My state, for instance, didn’t have a law against bestiality until 2006, because the matter had never come up until then. That doesn’t mean the entire state was a free-for-all of people engaging in acts of wanton carnality with the population of Old McDonald’s Farm - it simply came to pass that a rather high-profile case of a man dying as the result of sex with a horse resulted in people realizing there wasn’t a law, and pushing to create one.

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### Author: ![digs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/digs/32/14889_2.png) [@digs](https://boards.straightdope.com/u/digs)
#### Post date: [February 19, 2014, 1:57pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/7 "2014-02-19T13:57:27Z")

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> [@Smapti](#):
>
> …it simply came to pass that a rather high-profile case of a man dying as the result of sex with a horse resulted in people realizing there wasn’t a law, and pushing to create one.

Hey, show some respect. Do you have any idea how hard Grandpa had to work for years to find a gay stallion?

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### Author: ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)
#### Post date: [February 19, 2014, 2:17pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/8 "2014-02-19T14:17:32Z")

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> [@smapti](#):
>
> all that “bestiality is legal” or “necrophilia is legal” means is that the state never passed a law against it. My state, for instance, didn’t have a law against bestiality until 2006, because the matter had never come up until then. That doesn’t mean\*\* the entire state was a free-for-all of people engaging in acts of wanton carnality with the population of old mcdonald’s farm \*\*- it simply came to pass that a rather high-profile case of a man dying as the result of sex with a horse resulted in people realizing there wasn’t a law, and pushing to create one.

e-i-e-i oh!

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### Author: ![CalMeacham](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/calmeacham/32/35_2.png) [@CalMeacham](https://boards.straightdope.com/u/CalMeacham)
#### Post date: [February 19, 2014, 2:34pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/9 "2014-02-19T14:34:39Z")

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> [@Crazyhorse](#):
>
> According to the [Texas Penal Code](http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.43.htm) (“Penal” Ha!):
> 
> Apparently, however, they are still allowed to elect them to public office.
> 
> [Necrophilia and the Law](http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1099&context=facpubs)
> 
> [ALA CODE § 30-1-3 ISSUE OF INCESTUOUS MARRIAGES NOT DEEMED ILLEGITIMATE](http://codes.lp.findlaw.com/alcode/30/1/30-1-3)

Writing about the Great Texas Dildo Limitation, Molly Ivins remarked that “possession of six or fewer means that you are a mere enthusiast.”

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### Author: ![vivalostwages](https://avatars.discourse-cdn.com/v4/letter/v/d07c76/32.png) [@vivalostwages](https://boards.straightdope.com/u/vivalostwages)
#### Post date: [February 19, 2014, 6:08pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/10 "2014-02-19T18:08:47Z")

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I can assure you that at least some of these must be real:

[http://www.dumblaws.com/laws/united-states/california](http://www.dumblaws.com/laws/united-states/california)

The one in Alhambra matches the one in the city where I live. The cops here tickets vehicles left on the street without a permit–between 2 and 4am.

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### Author: ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)
#### Post date: [February 19, 2014, 7:04pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/11 "2014-02-19T19:04:57Z")

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> [@vivalostwages](#):
>
> I can assure you that at least some of these must be real:
> 
> [http://www.dumblaws.com/laws/united-states/california](http://www.dumblaws.com/laws/united-states/california)
> 
> The one in Alhambra matches the one in the city where I live. The cops here tickets vehicles left on the street without a permit–between 2 and 4am.

I wouldn’t really call a parking ban that wacky…

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### Author: ![suranyi](https://avatars.discourse-cdn.com/v4/letter/s/e36b37/32.png) [@suranyi](https://boards.straightdope.com/u/suranyi)
#### Post date: [February 19, 2014, 7:22pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/12 "2014-02-19T19:22:45Z")

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> [@vivalostwages](#):
>
> I can assure you that at least some of these must be real:
> 
> [http://www.dumblaws.com/laws/united-states/california](http://www.dumblaws.com/laws/united-states/california)
> 
> The one in Alhambra matches the one in the city where I live. The cops here tickets vehicles left on the street without a permit–between 2 and 4am.

Overnight parking restrictions are very, very common all over North America. I don’t see what’s wacky about them at all. They may be annoying, but something so ubiquitous can’t be wacky.

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### Author: ![vivalostwages](https://avatars.discourse-cdn.com/v4/letter/v/d07c76/32.png) [@vivalostwages](https://boards.straightdope.com/u/vivalostwages)
#### Post date: [February 19, 2014, 11:00pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/13 "2014-02-19T23:00:05Z")

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> [@suranyi](#):
>
> Overnight parking restrictions are very, very common all over North America. I don’t see what’s wacky about them at all. They may be annoying, but something so ubiquitous can’t be wacky.

I thought every city had them, but I’ve gotten some raised eyebrows from people when I’ve told them about ours.

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### Author: ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)
#### Post date: [February 19, 2014, 11:45pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/14 "2014-02-19T23:45:45Z")

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> [@CalMeacham](#):
>
> Writing about the Great Texas Dildo Limitation, Molly Ivins remarked that “possession of six or fewer means that you are a mere enthusiast.”

The story of a wife and mom in Texas who hosted “schtupperware” parties where she sold sex toys and was subsequently arrested for doing so is nicely documented in the movie [Passion and power: The technology of orgasm](http://www.technologyoforgasm.com/).

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### Author: ![njtt](https://avatars.discourse-cdn.com/v4/letter/n/ecd19e/32.png) [@njtt](https://boards.straightdope.com/u/njtt)
#### Post date: [February 20, 2014, 12:11am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/15 "2014-02-20T00:11:01Z")

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> [@Smapti](#):
>
> All that “bestiality is legal” or “necrophilia is legal” means is that the state never passed a law against it. My state, for instance, didn’t have a law against bestiality until 2006, because the matter had never come up until then. That doesn’t mean the entire state was a free-for-all of people engaging in acts of wanton carnality with the population of Old McDonald’s Farm - it simply came to pass that a rather high-profile case of a man dying as the result of sex with a horse resulted in people realizing there wasn’t a law, and pushing to create one.

Thankfully, the inhabitants of Washington State, will now know for sure that you are not supposed to do that.

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### Author: ![vivalostwages](https://avatars.discourse-cdn.com/v4/letter/v/d07c76/32.png) [@vivalostwages](https://boards.straightdope.com/u/vivalostwages)
#### Post date: [February 20, 2014, 4:12am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/16 "2014-02-20T04:12:11Z")

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> [@Qadgop\_the\_Mercotan](#):
>
> The story of a wife and mom in Texas who hosted “schtupperware” parties where she sold sex toys and was subsequently arrested for doing so is nicely documented in the movie [Passion and power: The technology of orgasm](http://www.technologyoforgasm.com/).

Still not getting why selling sex toys, especially at private parties, should be against the law at all.

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### Author: ![buddha\_david](https://avatars.discourse-cdn.com/v4/letter/b/ee7513/32.png) [@buddha\_david](https://boards.straightdope.com/u/buddha_david)
#### Post date: [February 20, 2014, 7:10am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/17 "2014-02-20T07:10:07Z")

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> [@vivalostwages](#):
>
> I can assure you that at least some of these must be real:
> 
> [http://www.dumblaws.com/laws/united-states/california](http://www.dumblaws.com/laws/united-states/california)

**“It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.”** – I’ve been running across this crazy trivia since early childhood. Any truth to this law? Because my Cessna 208A is warming up at the airfield, my rifle’s loaded and I’m jonesing for my ambergris fix…

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### Author: ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)
#### Post date: [February 20, 2014, 7:54am UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/18 "2014-02-20T07:54:35Z")

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> [@buddha\_david](#):
>
> **“It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.”** – I’ve been running across this crazy trivia since early childhood. Any truth to this law? Because my Cessna 208A is warming up at the airfield, my rifle’s loaded and I’m jonesing for my ambergris fix…

It doesn’t look good:

[http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fgc&group=02001-03000&file=3000-3012](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fgc&group=02001-03000&file=3000-3012)

> [@](#):
>
> 1. It is unlawful to shoot at any game bird or mammal, including  
> a marine mammal as defined in Section 4500, from a powerboat,  
> sailboat, motor vehicle, or airplane.

[http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fgc&group=04001-05000&file=4500-4501](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fgc&group=04001-05000&file=4500-4501)

> [@](#):
>
> (c) For purposes of this chapter, “marine mammals” means sea  
> otters, whales, dolphins, porpoises, seals, and sea lions.

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### Author: ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)
#### Post date: [February 20, 2014, 3:33pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/19 "2014-02-20T15:33:09Z")

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#1 is dead wrong and silly. Many states required premarital blood tests for STDs. If you failed, you had to be cured. But you were allowed to marry once you could provide a clean test, and most people felt that getting cured was probably the better option. Once cured, you could reapply. It didn’t prevent you from getting married; it just delayed it.

Most states have repealed that requirement – including Nebraska.

And adultery is not illegal in New York (Eliot Spitzer, for one, would have gone to jail for it if he did). Adultery was for many years the sole grounds for divorce in New York, though; the law was expanded in the 60s as lawmakers realized that people would fake adultery (hire someone to be the co-respondent) or get divorced in Nevada.

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### Author: ![AskNott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asknott/32/5790_2.png) [@AskNott](https://boards.straightdope.com/u/AskNott)
#### Post date: [February 20, 2014, 6:29pm UTC](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689/20 "2014-02-20T18:29:12Z")

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_13. INDIANA: It is illegal for a man to be sexually aroused in public._

Indiana, like many states, did a massive overhaul of its laws decades ago. Most things sexual are no longer illegal here.

To be sure, we still have some embarrassingly stupid laws. We are Indiana, after all.

[Next page](https://boards.straightdope.com/t/20-wacky-sex-laws-in-the-u-s-are-you-breaking-any/681689.md?page=2)
