Criminal Law Test with Answers

Adultery
• Common Law o Adultery was sexual intercourse with another’s wife o Sexual intercourse out of wedlock was punished by the church as an ecclesiastical offence
• MPC o Statutes against fornication and adultery are unenforced; omitted any provisions relating to these offenses
• State Statutes o State Statutes vary:
 Voluntary sexual intercourse between persons, one of whom is lawfully married to another, both parties being guilty
 Intercourse by a married person with one who is not his or her wife or husband, the married person only being guilty of adultery
 Intercourse with a married women by one not her husband, both parties being guilty
• Actus Reus: voluntary sexual intercourse; between two persons unmarried to each other; with at least one of the parties being married to another
• Mens Rea: Intent to have intercourse; knowing of the marriage to another

Fornication
• Voluntary unlawful sexual intercourse, under circumstances not constituting adultery. While fornication was not a crime at common law, it was made a crime by early statutes in many of the states
• Actus Reus: Voluntary sexual intercourse; between two adults who are not married to eachother
• Mens Rea: Intentional

Vibrator/Sex Toy
• Because of Lawrence v. Texas, the issue is whether the Texas statute impermissibly burdens the individual’s substantive due process right to engage in private intimate conduct of his or her choosing.
• Contrary to the district court’s conclusion, we hold that the Texas law burdens this constitutional right.
• An individual who wants to legally use a safe sexual device during private intimate moments alone or with another is unable to legally purchase a device in Texas, which heavily burdens a constitutional right.

Prostitution
• Common law o Prostitution is not synonymous with the offense of prostitution o Prostitution was not a crime at common law o More appropriate to discuss this manner in terms of “crimes relating