Fornication

In criminal law. Unlawful carnal knowledge by an unmarried person of another, whether the latter be married or unmarried. Fornication is distinguished from "adultery" by the fact that the guilty person is not married. Four cases of unlawful intercourse may arise: Where both parties are married; where the man only is married; intercourse must be adultery; in the second case the crime is fornication only on the part of the woman, but adultery on the part of the man; in the third case it is adultery in the woman, and fornication (by statute, in some states, adultery) in the man; in the last case it is fornication only in both parties. In some states it is indictable by statute. 6 Vt. 311; 2 Tayl. (N. C.) 165; 2 Grat. (Va.) 555.

Unlawful carnal knowledge by an unmarried person of another, whether the latter be married or unmarried. Fornication is distinguished from adultery by the fact that the guilty person is not married. Four cases of unlawful intercourse may arise; where both parties are married; where the man only is married; where the woman only is married; where neither is married. In the first case such intercourse must be adultery; in the second case the crime is fornication only on the part of the woman, but adultery on the part of the man; in the third case it is adultery in the woman, and fornication (by statute in some states, adultery) in the man; in the last case it is fornication only in both parties. It is criminal intercourse between unmarried persons; Territory v. Whitcomb, 1 Mont. 359, 25 Am. Rep. 740; Neil v. State, 117 Ga. 14, 43 S. E. 435; or it is held to be intercourse between a married or unmarried man and an unmarried woman; Hood v. State, 56 Ind. 263, 26 Am. Rep. 21. Simple incontinence is not punishable at common law; Com. v. Jones, 2 Gratt. (Va.) 555; simple fornication, without issue born, is not an indictable offence; Smith v. Minor, 1 N. J. L. 16; State v. Rahl, 33 Tex. 76; in the District of Columbia; Pollard v. Lyon, 91 U. S. 225, 23 L. Ed. 308; merely getting an unmarried woman with child is not indictable; but living in notorious fornication is; Lumpkins v. Justice, 1 Ind. 557. In some states it is indictable by statute; State v. Way, 6 Vt. 311; Com. v. Jones, 2 Gratt. (Va.) 555; and where it is there may be a conviction for this offence on an indictment for adultery; State v. Cowell, 26 N. C. 231; 1 Bish. Crim. L. 795. In Pennsylvania it is a misdemeanor for which an indictment lies, and is also a constituent of incest, adultery, seduction under promise of marriage, and rape; Com. v. Arner, 149 Pa. 35, 24 Atl. 83.

Unlawful sexual intercourss between two unmarried persons, Further, if one of the persons be married and the other not, it is fornication on the part of the latter, though adultery for the former. In some jurisdictions, however, by statute, it is adultery on the part of both persons if the woman is married, whether the man is married or not.

i Illicit carnal intercourse by an unmarried person with a person of the opposite sex. 2 Sexual intercourse between a man, married or single, and an unmarried woman, as to the unmarried party.' niicit carnal connection is called by differentnames, according to the circumstances which attend it. Unaccompanied with any facts which tend to aggravate it, it is " simple fornication." When it causes the birth of an illegitimate child, it is " fornication and bastardy." When the person who commits it is married, it is " adultery." When the parties are related within certain degrees of consanguinity or affinity, it becomes " incest." Where it is preceded by fraudulent arts (including a promise of marriage) to gain the consent of the female, who is under the age of consent, and of good repute, it is "seduction." But the body of all these offenses is the illicit intercourse; in, each case, the essential fact which constitutes the crime is fornication. On an indictment for any offense, below the grade of felony, of which illicit connection forms an essential part, the defendant may be found guilty of fornication.* In a few States, fornication is not punishable by statute. To charge another with fornication is actionable per se.' See Slander. See Adultebt; Bad, 1; Bawd; MEBBTBicions; Polygamy; Pbostitution, 2.

crim. law, is the unlawful carnal knowledge of an unmarried person with another, whether the latter be married or unmarried; when the party is married, the offence as to him or her, 1s known by the name of adultery, (qv-) Fornication is however included in every case of adultery, as a larceny is included in robbery. 2 Hale’s P. C. 302..