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Sanford's Adultery May Be Criminal Under South Carolina Law

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ensho Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 10:51 AM
Original message
Sanford's Adultery May Be Criminal Under South Carolina Law

http://thinkprogress.org/2009/06/25/adultery-criminal/


South Carolina Gov. Mark Sanford (R) didn’t just “let down a lot of people” when he spent the last week in Argentina with his mistress, he may have committed a crime. Under South Carolina law:

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Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court. . . . “Adultery” is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.
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Fortunately for Sanford, it is not entirely clear that the South Carolina justice system has jurisdiction over an apparent crime that he committed while traveling abroad in Argentina. His lawyers might also argue that he cannot be convicted of criminal adultery because he and his Argentine lover were not engaged in “habitual carnal intercourse” — Sanford maintains that he only traveled to Argentina to see his mistress on rare occasions.

Nevertheless, Sanford himself explained at yesterday’s press conference that “God’s law indeed is there to protect you from yourself, and there are consequences if you breach that.” As it turns out, Sanford may need to be more afraid of the consequences that stem from breaching the antiquated laws of South Carolina.
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MineralMan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 10:55 AM
Response to Original message
1. Yes...the laws are still on the books in SC.
However, they are never used, and should not be in this case. Adultery is a religious sin. We've gotten over trying people for having sex with people not their spouses in this country. Let's not start doing that again.

BTW, fornication is also still illegal in SC. That's not enforced, either.

Sanford's punishment for his bad behavior is already in process. We needn't apply an unenforced law to punish him. His career is finished.
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newinnm Donating Member (323 posts) Send PM | Profile | Ignore Fri Jun-26-09 11:00 AM
Response to Reply #1
5. Hell no
We should hang him...Isnt it clear to you that the rule of law only applies to us progressives.


-nnnm
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cliffordu Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 10:56 AM
Response to Original message
2. "habitual carnal intercourse"
That phrase REALLY seems filthy.

:rofl:
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MADem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 11:09 AM
Response to Reply #2
10. To a geezer, it sounds like ...... fun! nt
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 10:57 AM
Response to Original message
3. Would the adultery have to be committed on South Carolina soil
Edited on Fri Jun-26-09 10:57 AM by rocktivity
or is being a legal SC resident enough?

:headbang:
rocktivity
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Mrs. Overall Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 11:00 AM
Response to Original message
4. Other laws still in effect in South Carolina:
Horses may not be kept in bathtubs

A permit must be obtained to fire a missle.

It is illegal to give or receive oral sex in South Carolina.

When approaching a four way or blind intersection in a non-horse driven vehicle you must stop 100 ft from the intersection and discharge a firearm into the air to warn horse traffic.

It is legal to beat your wife on the court house steps on Sundays.





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rcrush Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 11:04 AM
Response to Reply #4
7. Ahhh I love Sundays!
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 11:00 AM
Response to Original message
6. I think SC would have jurisdiction because he lives in SC
If Sanford had never been in SC then would probably be different story.

If adultery was only prosecuted if each party had to live in the same state then it would provide a big loophole for everyone.
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monmouth Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 11:05 AM
Response to Original message
8. But he was in Argentina, not SC...n/t
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RDANGELO Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 11:05 AM
Response to Original message
9. The fact that no state in the union outlaws or enforces
Edited on Fri Jun-26-09 11:07 AM by RDANGELO
adultery, lends credence to the notion that the arguments against gay mariage are disingenuous.
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Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 11:18 AM
Response to Original message
11. SC Law may not apply to acts commited outside the state.
But Argentina may have similar laws.
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dixiegrrrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-26-09 12:25 PM
Response to Reply #11
12. And Argentine husbands may have their own ways of dealing with this, too !
Her husband was described as "jilted" because of the affair, and reported to be responsible for the leaked e-mails.
I am surprised he did not take further actions.
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