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    1. Re: [WHITNEY-L] Oddity for the WRG
    2. Hi, I checked on the Mass Statutes dealing with Fornication and found that Section 18 of Chapter 272 of the Mass General Laws is the criminal statute which provides that whoever commits fornication is punishable by imprisonment for not more than three months or by a fine of not more than $30. That statute dates back to the 17th century. Chapter 277, section 39 defines fornication as "Sexual intercourse between an unmarried male and an unmarried female". Thus, it is consentual sex and cannot be rape and it is between unmarried parties and thus is not adultery. Interestingly, Adultery, being sex involving a married party, under the provisions of Chapter 272, Section 12, is punishable by imprisonment in the state prison for not more than three years or in a jail (county) for not more than two years or a fine of up to $500. Fornication is a misdemeanor whereas adultery is a felony. Case law now has pretty much decriminalized fornication in Massachusetts. Fornication is still on the books in about 1/3rd of the states and adultery in about 1/2 of the states. Poor Benjamin, he was ahead of his time. Best regards and Merry Christmas, Jim Whitney

    12/21/2000 09:00:06