Is cohabitation still a crime?
I wonder — given the recent Virginia Supreme Court ruling striking down the “fornication” law, which barred sex between unmarried partners, is the state cohabitation law still enforceable?
§18.2-345 Lewd and lascivious cohabitationIf any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor; and upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.
I wonder what a married couple would have to do to be guilty of “open and gross lewdness and lasciviousness”? Presumably the same things as an unmarried couple, only they’d admit it?
