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BDSM and The Law
Alabama
In Alabama, it's against the law for a man to seduce "a chaste
woman by means of temptation, deception, arts, flattery or a promise
of marriage."
Sex is defined as :
Alabama Defines obscenity as
something which:
1. Applying contemporary local community standards, on the whole, appeals
to the prurient interest; and
2. Is patently offensive; and
3. On the whole, lacks serious literary, artistic,
political or scientific value.
If you live in Alabama ask your Legislator
to change these laws
Selling of Sex Toys
Sex Toys Defined Alabama defines sex toys as device[s]
designed or marketed as useful primarily for the stimulation of human genital
organs for any thing of pecuniary value”
A section of the obscenity statute of Alabama (Ala. Code. §
13A-12-200.1) now "makes it unlawful to produce, distribute or otherwise
sell sexual devices that are marketed primarily for the stimulation of human
genital organs."
Alabama puts forth that these
products are obscene, and also states that there is "no fundamental right
to purchase a product to use in pursuit of having an orgasm." Violation of
the law is punishable by fine and/or imprisonment. Because this addition
intrudes on lawful sexual practices of those purchasing or owning such devices,
thus going against the First, Fourth, Fifth, Ninth and Fourteenth Amendments of
the United States Constitution, four Alabama women and the ACLU are challenging
this law.
Section 13A-6-65
Sexual misconduct.
(a) A person commits the crime of sexual misconduct if:
He or she engages in deviate
sexual intercourse with another person under circumstances other than those
covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a
prosecution under this subdivision.
(b) Sexual misconduct is a Class A misdemeanor.
Section 16-1-28
No public funds or public facilities to be used to promote lifestyle or
activities prohibited by sodomy and sexual misconduct laws.
No public funds or public facilities shall be used by any college or
university to, directly or indirectly, sanction, recognize, or support the
activities or existence of any organization or group that fosters or promotes a
lifestyle or actions prohibited by the sodomy and sexual misconduct laws
No organization or group
that receives public funds or uses public facilities, directly or indirectly, at
any college or university shall permit or encourage its members or encourage
other persons to engage in any such unlawful acts or provide information or
materials that explain how such acts may be engaged in or performed.
(c) This section shall not be construed to be a prior restraint of the first
amendment protected speech. It shall not apply to any organization or group
whose activities are limited solely to the political advocacy of a change in the
sodomy and sexual misconduct laws of this state.
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