# A bet on sex laws in the US. Can you help?
**URL:** https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860
**Category:** Factual Questions
**Created:** [June 9, 2000, 12:00pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860 "2000-06-09T12:00:27Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@Tomcat](https://boards.straightdope.com/u/Tomcat)
#### Post date: [June 9, 2000, 12:00pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/1 "2000-06-09T12:00:27Z")
Probably been covered before, but…
I made a bet with my boss that there existed in the States (or currently exists) a law stating that ONLY the missionary position is legal (or that everything else is illegal, so…). Now I’ve found websites that have lists that show certain sodomy laws, etc. But nothing that is missionary specific. I had thought that it was in Washington DC a while back that had this law, but I can’t find it at all.
Anyone know? I need proof to win this bet- he said, she said won’t work.
This is important! I have an Indian cuisine dinner riding on this!
Thanks-
-Tcat
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### Author:  [@Suspicious\_mind](https://boards.straightdope.com/u/Suspicious_mind)
#### Post date: [June 9, 2000, 12:52pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/2 "2000-06-09T12:52:30Z")
I don’t know about non-missionaries in general, but “indian cuisine dinner riding” sounds like a highly illegal position. 😉
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### Author:  [@GaWd](https://boards.straightdope.com/u/GaWd)
#### Post date: [June 9, 2000, 1:04pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/3 "2000-06-09T13:04:46Z")
Looks like you lose. I know that sex in any position is allowed in California. I don’t even think we have an anti-sodomism law.
I can’t locate any mention of laws that relegated all americans to the missionary position, but I did find this page: [http://members.home.net/cattywompus/law.html](http://members.home.net/cattywompus/law.html) It states that it’s illegal in D.C.
-Sam
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### Author:  [@Tomcat](https://boards.straightdope.com/u/Tomcat)
#### Post date: [June 9, 2000, 1:16pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/4 "2000-06-09T13:16:34Z")
Maybe a clarification-
Not something that applies to ALL of the US, just any law ANYWHERE in the States…Even a County or District law would win me the bet.
Thanks-
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### Author:  [@GaWd](https://boards.straightdope.com/u/GaWd)
#### Post date: [June 9, 2000, 1:36pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/5 "2000-06-09T13:36:54Z")
Then you win TC! 🙂
You have one Indian Cuisine dinner coming right up! 😃
-Sam
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### Author:  [@Tomcat](https://boards.straightdope.com/u/Tomcat)
#### Post date: [June 9, 2000, 1:54pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/6 "2000-06-09T13:54:15Z")
Not yet! I have to PROVE it. That page states it as true, BUT I need something more than just the statement. I need the law itself or a reliable source that states it (Cecil would possibly work, or it being mentioned in a law journal, etc.) as being true.
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### Author:  [@Wendell\_Wagner](https://boards.straightdope.com/u/Wendell_Wagner)
#### Post date: [June 9, 2000, 2:21pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/7 "2000-06-09T14:21:06Z")
I’m dubious about all the laws mentioned in that link. I certainly wouldn’t trust it.
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### Author:  [@handy](https://boards.straightdope.com/u/handy)
#### Post date: [June 9, 2000, 2:53pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/8 "2000-06-09T14:53:13Z")
It’s always fun to look around [dumblaws.com](http://dumblaws.com)
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### Author:  [@Yeah](https://boards.straightdope.com/u/Yeah)
#### Post date: [June 9, 2000, 2:59pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/9 "2000-06-09T14:59:20Z")
I think that until fairly recently when DC got home rule, all DC statute law was handed down by Congress (or at least by a committee of congress) so if there is such a statute, you might find it in the Congressional Record. Good luck.
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### Author:  [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)
#### Post date: [June 9, 2000, 5:16pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/10 "2000-06-09T17:16:42Z")
They have this to say about North Carolina
> [@](#):
>
> While having sex, you must stay in the missionary position and have the shades pulled.
The [dumblaws.com](http://dumblaws.com) FAQ says that they are pretty sure that all the laws on their site are real laws. I don’t know if this will be enough to win you dinner.
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### Author:  [@Tomcat](https://boards.straightdope.com/u/Tomcat)
#### Post date: [June 9, 2000, 5:25pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/11 "2000-06-09T17:25:27Z")
I’'ll try Congress laws. Thanks folks!
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### Author:  [@handy](https://boards.straightdope.com/u/handy)
#### Post date: [June 10, 2000, 12:06am UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/12 "2000-06-10T00:06:41Z")
‘While having sex, you must stay in the missionary position and have the shades pulled.’
Yes, thats important because most sheep prefer that position.
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### Author:  [@Xgemina](https://boards.straightdope.com/u/Xgemina)
#### Post date: [June 10, 2000, 10:30am UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/13 "2000-06-10T10:30:56Z")
I did a quick search on Westlaw and could find no current NC law with the language previously quoted by **lance turbo** ; going on to all states the search mostly turned up tax laws for missionaries and that it was illegal to use your position to get sex.
I did find some interesting statutes in the great liberal basion of Idaho:
I.C., § 18-6603, Fornication
> [@](#):
>
> Any unmarried person who shall have sexual intercourse with an unmarried person of the opposite sex shall be deemed guilty of fornication, and, upon conviction thereof, shall be punished by a fine of not more than $300 or by imprisonment for not more than six months or by both such fine and imprisonment; provided, that the sentence imposed or any part thereof may be suspended with or without probation in the discretion of the court.
I.C., § 18-6605, Crime against nature
> [@](#):
>
> Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five years.
and what is a Crime against nature?
> [@](#):
>
> Not only the common-law crime of sodomy is included but all unnatural carnal copulations, whether with man or beast, committed per os or per anum. State v. Altwatter
however, an exception
> [@](#):
>
> This section, which prohibits “infamous crimes against nature,” may not be constitutionally enforced to prohibit private consensual marital conduct State v. Holden
State v. Holden went on to say as long as it was in private…
Sorry I couldn’t help ya **tomcat** but maybe you can argue the crime against nature bit, just don’t mention it doesn’t apply to married couples in the privacy of the home.
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### Author:  [@Wendell\_Wagner](https://boards.straightdope.com/u/Wendell_Wagner)
#### Post date: [June 10, 2000, 2:08pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/14 "2000-06-10T14:08:46Z")
First, you’re not going to get anywhere looking for the term “missionary position.” Cecil addressed this once. See the following URL:
[http://www.straightdope.com/classics/a3\_215.html](http://www.straightdope.com/classics/a3_215.html)
The term “missionary position” was apparently invented as a joke in the '60’s. The claim (probably incorrect) was that missionaries would be horrified when they found that the native tribe that were preaching to was using anything other than what the missionary considered to be the only “natural” position for sex.
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### Author:  [@Yeah](https://boards.straightdope.com/u/Yeah)
#### Post date: [June 10, 2000, 4:10pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/15 "2000-06-10T16:10:44Z")
“The term “missionary position” was apparently invented as a joke in the '60’s.”
I’m not so sure. According to my Merriam-Webster’s Collegiate Dictionary the term dates to 1948 and IIRC it was used by James Michener in his book, Hawaii (1959).
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### Author:  [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)
#### Post date: [June 10, 2000, 4:12pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/16 "2000-06-10T16:12:22Z")
[Dumblaws.com](http://Dumblaws.com) has this to say about Jasper County, Alabama:
> [@](#):
>
> It is illegal for a husband to beat his wife with a stick larger in diameter than his thumb.
I would have beleived that a month ago, but thanks to Unca Cecil I no longer do. [Dumblaws.com](http://Dumblaws.com) does not appear to be an accurate source of information.
[Does “rule of thumb” refer to an old law permitting wife beating?](http://www.straightdope.com/columns/000512.html)
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### Author:  [@Wendell\_Wagner](https://boards.straightdope.com/u/Wendell_Wagner)
#### Post date: [June 10, 2000, 5:34pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/17 "2000-06-10T17:34:25Z")
Yeah writes:
\> I’m not so sure. According to my Merriam-Webster’s
\> Collegiate Dictionary the term dates to 1948 and IIRC it
\> was used by James Michener in his book, Hawaii (1959).
Interesting. My copy of _The Second Barnhart Dictionary of New English_ also says that the first known use was in 1969. Does the Merriam-Webster give a reference for that use in 1948? What page (or maybe what chapter and how far into the chapter) is the reference in _Hawaii_? It’s possible that this means it’s an older joke than Cecil thought, but it’s still likely that it’s just a joke, not something that ever happened to any missionaries. I don’t really think that any laws are going to use what’s in any case just a slang term.
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### Author:  [@Tedster](https://boards.straightdope.com/u/Tedster)
#### Post date: [June 10, 2000, 7:15pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/18 "2000-06-10T19:15:22Z")
Well,you might have won yourself a dinner, but I’m not going to do the research for you. You might want to research the Uniform Code of Military Justice (UCMJ)
Apparently, the only “authorized” sexual activity by military members is by _married_ (to each other) soldiers in their own quarters, in (you guessed it) the “missionary” position.
Sodomy is verboten under UCMJ, (which includes oral sex) and so on. At any rate, I would definitely do a web search about the UCMJ, it may find the passage you are looking for.
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### Author:  [@Chronos](https://boards.straightdope.com/u/Chronos)
#### Post date: [June 10, 2000, 10:36pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/19 "2000-06-10T22:36:55Z")
Actually, Lance, that law you quote is 100% correct: In Jasper County, it is in fact illegal for a man to beat his wife with a stick larger than his thumb. Of course, what the web page isn’t telling you, is it’s also illegal to use a stick that’s smaller, too.
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### Author:  [@Travis\_Bickle](https://boards.straightdope.com/u/Travis_Bickle)
#### Post date: [June 10, 2000, 10:38pm UTC](https://boards.straightdope.com/t/a-bet-on-sex-laws-in-the-us-can-you-help/21860/20 "2000-06-10T22:38:05Z")
I want to defy the logic of all sex laws.
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