Bizarre American Laws About Intimacy.
From intimacy products to premarital sex, some American laws haven't kept up with the times.
It's Election Day, and while the country heads to the polls to decide its future, we're looking at a few laws still stuck in the past. From restrictions on vibrators to fines for adultery, the United States has a surprisingly long history of regulating what happens behind closed doors. Some of these laws are no longer enforceable, but they're still written into state criminal codes. In honor of the midterms, here are 10 that might surprise you.
1. Selling intimacy devices can be a crime in Alabama.
In Alabama, selling devices designed primarily for sexual stimulation remains prohibited under the state's anti-obscenity law. The restriction targets commercial sales rather than private possession, meaning the legal issue isn't necessarily owning a vibrator, but selling one. First-time violations can carry fines of up to $10,000 and as much as a year in jail. In a country where sexual wellness products are sold alongside skincare and beauty essentials, Alabama is still operating under a rather different set of rules.
Source: Alabama Code § 13A-12-200.2
2. Six sex toys could make you a suspected seller in Texas.
Texas has its own peculiar approach to pleasure products. Under its obscenity law, possessing six or more devices classified as obscene creates a legal presumption that they're intended for commercial distribution. That doesn't mean owning six vibrators is automatically a crime. In fact, a federal appeals court ruled the state's ban on selling sexual devices unconstitutional in 2008. But the six-device provision remains in the statutory text. Apparently, somewhere between five and six is where lawmakers decided things were getting serious.
Sources: Texas Penal Code § 43.23(f) | Reliable Consultants v. Earle (2008)
3. Sharing a hotel room could be considered immoral in North Carolina.
North Carolina has a law making it a misdemeanor for an unmarried man and woman to occupy the same hotel room for an "immoral purpose," or to falsely present themselves as husband and wife at a hotel or boardinghouse. The statute dates back to 1917, when the government apparently considered checking into a hotel together a matter of public concern. Its enforceability today is highly questionable, but its continued presence in the criminal code is remarkable.
Source: North Carolina General Statutes § 14-186
4. Living together without marriage is still written into criminal law in Mississippi.
Mississippi's criminal code still prohibits unmarried men and women from unlawfully cohabiting in a relationship involving habitual sexual intercourse. The statute provides for fines of up to $500 and imprisonment of up to six months. Although modern constitutional protections make enforcement highly doubtful, the law remains a reminder of a time when moving in together was treated as a criminal issue rather than a relationship milestone.
Source: Mississippi Code § 97-29-1
5. Adultery is technically a felony in Michigan.
In Michigan, adultery isn't merely a potential reason for divorce. Under the state's criminal code, it's classified as a felony. Prosecutions are extraordinarily rare, and constitutional questions surround the enforceability of the law, but the classification remains in the statute. A rather dramatic legal response to an already complicated relationship situation.
Source: Michigan Compiled Laws § 750.30
6. Cheating on your spouse carries a $10 fine in Maryland.
Maryland takes a somewhat different approach to adultery. Its criminal code still classifies adultery as a misdemeanor punishable by a $10 fine, less than the cost of most cocktails and perhaps one of the strangest attempts at legislating fidelity. It's a law that says as much about the history of marriage as it does about inflation.
Source: Maryland Criminal Law § 10-501
7. Sex before marriage remains a criminal offense on paper in Georgia.
Georgia's criminal code defines fornication as voluntary sexual intercourse involving an unmarried person and classifies it as a misdemeanor. The law's practical enforceability is deeply questionable following modern constitutional protections for consensual adult intimacy. Nevertheless, the statute remains part of the state's written law, even as public attitudes toward sex and marriage have changed dramatically. One might assume that what happens between consenting adults before marriage would be their own business. Georgia's criminal code has historically suggested otherwise.
Source: Georgia Code § 16-6-18
8. A broken promise of marriage has its own criminal law in South Carolina.
South Carolina still has a statute making it a misdemeanor for a man over sixteen to seduce an unmarried woman through deception and a promise of marriage. The language offers an extraordinary window into outdated attitudes toward sexuality and gender, including a provision concerning whether the woman was considered "unchaste." If the couple marries, further proceedings under the statute are stayed, making a marriage proposal a potential legal escape route.
Source: South Carolina Code § 16-15-50
9. Adultery is still a criminal misdemeanor in Virginia.
Virginia's criminal code continues to classify voluntary sexual intercourse with someone other than one's spouse as a Class 4 misdemeanor. While the law is rarely prosecuted and its application to private consensual conduct raises constitutional questions, its existence reflects how closely the government once sought to regulate marriage and sexual behavior. Apparently, the possibility of divorce wasn't considered enough of a consequence.
Source: Virginia Code § 18.2-365
10. Living together can still be described as a crime in North Carolina.
North Carolina makes the list again with a law classifying unmarried men and women living together in a sexual relationship as a Class 2 misdemeanor. The statute originated in 1805 and was ruled unconstitutional by a state court in 2006, yet the language remains in the state's criminal code. More than two centuries later, the idea that two consenting adults sharing a home should concern the criminal justice system feels especially difficult to comprehend.
Source: North Carolina General Statutes § 14-184
The verdict?
America has spent an extraordinary amount of time worrying about what people do behind closed doors. From six vibrators in Texas to a $10 adultery fine in Maryland, perhaps there are better things to legislate.
Happy Election Day.
