Legal Definitions - lewd and lascivious cohabitation

The term "lewd and lascivious cohabitation" refers to the act of an unmarried man and woman living together as if they were married, while openly engaging in sexual relations in a manner that is considered offensive to public decency or morality. Historically, laws against this behavior were common, reflecting societal norms that disapproved of unmarried couples living together and engaging in sexual activity. While many of these laws remain on the books in various jurisdictions, they are rarely enforced in modern times and may face constitutional challenges.

The key elements are:

• Cohabitation: Living together as if married, sharing a residence and often presenting themselves as a couple.
• Unmarried Status: The individuals involved are not legally married to each other.
• Lewd and Lascivious: This implies that their sexual relationship is open, apparent, and considered offensive or scandalous according to prevailing community standards or moral codes. It's not just private sexual activity, but the public or open nature of their unmarried sexual cohabitation that is deemed problematic under such laws.

Here are some examples to illustrate this concept:

• Example 1 (Historical Context): Imagine a small, conservative town in the early 20th century. A man and a woman, both unmarried, move into a house together. They openly share a bedroom, host social gatherings where their intimate relationship is apparent to neighbors, and generally conduct themselves as a married couple without having gone through a legal ceremony. The community is scandalized by their living arrangement.

  Explanation: This scenario illustrates "lewd and lascivious cohabitation" because the couple, despite being unmarried, is living together as spouses and openly engaging in a sexual relationship. In that historical context and community, their conduct would have been considered scandalous, immoral, and offensive to public decency, fulfilling the "lewd and lascivious" element due to the public perception and open nature of their unmarried sexual cohabitation.

• Example 2 (Rare Modern Application): A state still has an old statute on its books prohibiting "lewd and lascivious cohabitation." A local prosecutor, perhaps under pressure from a community group with very traditional values, attempts to charge an unmarried couple who have been living together for several years, openly raising children, and are known to be in a sexual relationship. The prosecutor argues that their open, unmarried cohabitation violates the letter of the old law.

  Explanation: Here, the couple's situation fits the definition because they are unmarried, living together as if married ("cohabitation"), and are openly engaged in a sexual relationship. From the perspective of the outdated law, the "lewd and lascivious" aspect is the mere fact of their unmarried sexual cohabitation, which was historically deemed offensive to public morals. This example highlights how such laws, though rarely enforced today, could theoretically be applied based on their original intent.

• Example 3 (Specific Community Standards): Consider an unmarried couple living together in a highly traditional residential community or a specific institutional setting (like a very strict religious commune) where such cohabitation is explicitly forbidden and considered a grave moral offense. They openly display affection, share a bed, and their unmarried status and sexual relationship are widely known, causing significant disruption and offense within that specific community's established moral framework.

  Explanation: This example demonstrates the term because the couple is unmarried and living together ("cohabitation") while openly engaging in a sexual relationship. The "lewd and lascivious" element arises from the fact that their conduct is considered a public offense and highly immoral within the specific, strict community context, violating its established moral standards and causing scandal among its members.