{"id":42,"date":"2003-07-07T15:10:50","date_gmt":"2003-07-07T20:10:50","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/wp\/?p=42"},"modified":"2003-07-07T15:10:50","modified_gmt":"2003-07-07T20:10:50","slug":"splitting_pubic","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2003\/07\/07\/splitting_pubic.html","title":{"rendered":"Splitting (pubic) hairs"},"content":{"rendered":"

Despite the Lawrence v. Texas <\/i>ruling, some jurisdictions are still trying to draw a law enforcement distinction<\/a> between gay and straight sex.<\/p>\n

The following comes from a memo from HQ to police in Charlotte, NC, a jurisdiction that has been more actively prosecuting sodomy cases under the state’s Crime Against Nature law (“If any person shall commit a crime against nature, with mankind or beast, he shall be punished as a Class I felon.”):<\/p>\n

However, [Lawrence<\/i>] did not directly address the solicitation <\/b>of a crime against nature (SOLCAN). For the time being and until a court tells us otherwise, we are of the following opinion: 1.) a SOLCAN charge wherein a subject offers to commit a crime against nature for money in either a private or public place is a valid charge; 2.) a SOLCAN charge wherein the subject offers to commit a crime against nature for no money in public or at an unspecified location <\/b>is a valid charge; and 3.) a SOLCAN charge wherein the subject offers to commit a crime against nature for no money or consideration at a private place is no longer a valid charge.
\nWe have spoken with the D.A.\u2019s office who has agreed to continue to accept these charges ….<\/p>\n

(Emphasis mine.)<\/p>\n

Reading between the lines here is interesting. #1 seems straightforward — solicitation of sex for money is a felony — but is solicitation of straight <\/i>sex is also considered a Class I felony? <\/p>\n

#3 reflects the Lawrence <\/i>case. If a “crime against nature” (under that statute) occurs inside a private residence, it’s not a crime against the law; thus, solicitation of such cannot be considered a felony.<\/p>\n

It’s #2 that I find most interesting. Public sex of any kind is presumably illegal in Charlotte. I have to wonder if solicatation of public straight sex is also treated as a Class I felony.<\/p>\n

More important, I have to wonder if “straight” solicitation laws include the “at an unspecified location” clause. <\/p>\n

In other words, if I lean over to someone I consider cute — let’s say, my wife — and say, “Hey, let’s go have sex,” without specifying where, I seriously doubt that a Charlotte police officer would do anything about it. If I said the same thing to my gay lover, though — would I, since I didn’t specify “… at our private residence,” be charged under #2 for SOLCAN?<\/p>\n

(The same applies, of course, and perhaps more commonly, for where someone picks up someone cute at the bar who turns out to be an undercover cop. I suspect a straight propositioner will not be prosecuted for solicitation unless they offer money, or perhaps even explicitly suggest ducking outside into the alleyway; a gay propositioner would seem to be in felonious trouble if s\/he did not explicitly specify “Let’s go back to my place” along with the proposition.)<\/p>\n

Granted the memo does note that if a judge has a different interpretation, they might have to decide to prosecute these charges differently. But I find it greatly irksome that various folks are trying to maintain “business as usual” in prosecuting gay <\/i>sex differently from prosecuting straight <\/i>sex, Lawrence <\/i>notwithstanding.<\/p>\n

Jerks. <\/p>\n","protected":false},"excerpt":{"rendered":"

Despite the Lawrence v. Texas ruling, some jurisdictions are still trying to draw a law enforcement distinction between gay and straight sex. The following comes from a memo from HQ…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[8],"tags":[],"class_list":["post-42","post","type-post","status-publish","format-standard","hentry","category-zt-pc"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":5360,"url":"https:\/\/hill-kleerup.org\/blog\/2004\/04\/01\/failure_to_comm.html","url_meta":{"origin":42,"position":0},"title":"Failure to communicate","author":"***Dave","date":"Thu 1-Apr-04 6:45am","format":false,"excerpt":"Word just in that the Old South continues to function like ... well, the Old South, as a woman faces a \"crime against nature\" felony for receiving oral sex. A...","rel":"","context":"In "LGBTQ &c"","block_context":{"text":"LGBTQ &c","link":"https:\/\/hill-kleerup.org\/blog\/category\/gay-stuff"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":45621,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/10\/02\/the-joke-of-a-speedy-trial.html","url_meta":{"origin":42,"position":1},"title":"The Joke of a "Speedy" Trial","author":"***Dave","date":"Thu 2-Oct-14 11:34am","format":false,"excerpt":"The Sixth Amendment to the Constitution says \"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":131527,"url":"https:\/\/hill-kleerup.org\/blog\/2016\/09\/13\/double-jeopardy-double-trouble.html","url_meta":{"origin":42,"position":2},"title":"Double Jeopardy, Double Trouble","author":"***Dave","date":"Tue 13-Sep-16 11:20pm","format":false,"excerpt":"Double Jeopardy is trying someone twice (or more than once) for the same crime. It is expressly forbidden by the US Constitution because the Founders knew through hard experience how easy it is to exploit. The state (the courts and prosecutors) have unlimited resources compared to the average citizen. If\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":130994,"url":"https:\/\/hill-kleerup.org\/blog\/2016\/07\/05\/dont-do-the-crime-if-you-cant-pay-overtime.html","url_meta":{"origin":42,"position":3},"title":"Don't do the crime if you can't pay, overtime","author":"***Dave","date":"Tue 5-Jul-16 8:45pm","format":false,"excerpt":"I have no problem with the principle of incarcerating people for the crimes they commit. 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