Legal Definitions - fornication

Fornication refers to voluntary sexual intercourse between two individuals who are not legally married to each other.

Historically, laws against fornication criminalized such acts, often distinguishing them from adultery, which typically involved sexual intercourse with a married person. While some states still have laws prohibiting fornication on their books, these laws are generally unenforceable today due to constitutional protections for private sexual conduct, as established by the U.S. Supreme Court. It's important to note that "fornication" can also be a term used in the context of incest, referring to consensual sexual intercourse between close relatives within legally prohibited degrees of relationship.

• Example 1: Sarah and Mark, both single adults, have been dating for several months and decide to move in together. They engage in sexual intercourse regularly.

  Explanation: In states where laws against fornication still exist on the books, their actions would technically fall under the definition of fornication because they are two unmarried individuals engaging in sexual intercourse. However, due to modern constitutional interpretations protecting private sexual acts, these laws cannot be enforced against them.

• Example 2: David, an unmarried man, and Emily, an unmarried woman, have a consensual sexual encounter.

  Explanation: This situation perfectly illustrates the core definition of fornication: voluntary sexual intercourse between two people who are not married to each other. Historically, this act was often criminalized, distinguishing it from adultery, which would involve at least one married person.

• Example 3: Alex and Beth, who are first cousins and both unmarried adults, engage in consensual sexual intercourse. Their state's laws prohibit sexual relations between first cousins.

  Explanation: While their act fits the general definition of fornication (unmarried individuals engaging in sex), in this specific context, it also constitutes incest because they are close relatives within a legally prohibited degree of consanguinity. Here, "fornication" describes the sexual act itself, which, combined with the familial relationship, forms the crime of incest.