"John Knight" <jwknight at polbox.com> wrote:
>"Bob LeChevalier" <lojbab at lojban.org> wrote in message
>news:1japmuksr25ritsgtc0jgfpr30qlbc1psi at 4ax.com...>> "John Knight" <jwknight at polbox.com> wrote:
>> >State statutes and Constitutions don't just expire. They must be
>repealed
>> >or amended, and there's a very specific process for doing that. If this
>> >process hasn't been followed precisely, it makes no difference what's in
>a
>> >"penal code"--the law still stands.
>>>> Since the Penal code contains all the laws that still stand, the fact
>> that it is NOT in the penal code means that the statute was repealed
>> or amended according to the specific process for doing so. I even
>> identified the timeframe when it was probably done, because I found
>> several references to laws passed in California which decriminalized
>> all forms of sexual activity between two consenting adults in 1976.
>> There was an earlier amendment to the laws that went into effect July
>> 1, 1944. The only reference to that date that I found, however, was
>> AB 1555 in 2001, which also refers to other offenses that were
>> decriminalized on January 1, 1976, which matches with the date given
>> in others sources for decriminalizing sex between consenting adults.
>>>> The online California law library does not go back to 1976, so it
>> would take looking in an older law library. But since I was a voting
>> resident of California in 1976, I remembered there being such a law
>> passed.
>>This is not the way it works. If a statute is not repealed, it remains the
>LAW.
Do you claim to be a lawyer before the California bar.
Then stop giving nonsense as if it were true.
The statute WAS repealed. It is not now the LAW.
>NONE of these statutes you claim were "decriminalized" were ever
>properly repealed.
Prove it.
>It is STUPID for you to claim that "all forms of sexual
>activity between two consenting adults in 1976" when people are getting
>sentenced and imprisoned for a LONG time for violating these laws, as we
>speak.
Identify anyone in California who has been sentenced or imprisoned
since then for violating the laws that were repealed in 1976.
>You might "think" this, but the justice system disagrees. They just gave
>Ken Teague two life sentences plus 108 years for being a faggot.
>From the Orange County Register as quoted on your site:
>A judge Friday sentenced one of Orange County's most notorious and
> unrepentant child molesters to life behind bars, calling the former
> poster boy for the Big Brothers program the "worst nightmare" for
> parents and the youth organizations he served.
>>Kenneth Eugene Teague, who testified that having sex with boys as
> young as 9 was therapeutic for them, did not speak at the sentencing,
> which ended a lurid trial in which the former computer consultant
> from Irvine acted as his own lawyer.
>>"I don't consider these to be criminal or bad acts," Teague, 43, said
> in a jailhouse interview. "I consider myself to be a political
> prisoner. I'm going to be imprisoned for what I believe, just like a
> lot of other folks have been."
>>Just before Judge Frank F. Fasel sentenced Teague to 60 years to life
> -- plus 108 years, if he completes that term -- on 16 counts, a
> blond, 14-year-old boy walked up to a microphone.
The sentence was for 16 counts of child molesting, not for "being a
faggot".
>ps--Here is the existing California law:
>>California penal code on sodomy
>>286. (a) Sodomy is sexual conduct consisting of contact between the
>penis of one person and the anus of another person. Any sexual
>penetration, however slight, is sufficient to complete the crime of
>sodomy.
> (b) (1) Except as provided in Section 288, any person who
>participates in an act of sodomy with another person who is under 18
^^^^^^^^^^^^^^^
>years of age shall be punished by imprisonment in the state prison,
^^^^^^^^^^^^
>or in a county jail for not more than one year.
> (2) Except as provided in Section 288, any person over the age of
>21 years who participates in an act of sodomy with another person who
>is under 16 years of age shall be guilty of a felony.
> (c) (1) Any person who participates in an act of sodomy with
>another person who is under 14 years of age and more than 10 years
^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>younger than he or she shall be punished by imprisonment in the state
>prison for three, six, or eight years.
> (2) Any person who commits an act of sodomy when the act is
>accomplished against the victim's will by means of force, violence,
^^^^^^^^^^^^^^^^^^^^^^^^^
>duress, menace, or fear of immediate and unlawful bodily injury on
>the victim or another person shall be punished by imprisonment in the
>state prison for three, six, or eight years.
> (3) Any person whom commits an act of sodomy where the act is
>accomplished against the victim's will by threatening to retaliate in
^^^^^^^^^^^^^^^^^^^^^^^^^
>the future against the victim or any other person, and there is a
>reasonable possibility that the perpetrator will execute the threat
>shall be punished by imprisonment in the state prison for three, six,
>or eight years.
> (d) Any person who, while voluntarily acting in concert with
>another person, either personally or aiding and abetting that other
>person, commits an act of sodomy when the act is accomplished against
^^^^^^^
>the victim's will by means of force or fear of immediate and
^^^^^^^^^^^^^^^^^
>unlawful bodily injury on the victim or another person or where the
>act is accomplished against the victim's will by threatening to
>retaliate in the future against the victim or any other person, and
>there is a reasonable possibility that the perpetrator will execute
>the threat shall be punished by imprisonment in the state prison for
>five, seven, or nine years.
> (e) Any person who participates in an act of sodomy with any
>person of any age while confined in any state prison, as defined in
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>Section 4504, or in any local detention facility, as defined in
>Section 6031.4, shall be punished by imprisonment in the state
>prison, or in a county jail for not more than one year.
> (f) Any person who commits an act of sodomy, and the victim is at
^^^^^^^^^^^^
>the time unconscious of the nature of the act and this is known to
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>the person committing the act, shall be punished by imprisonment in
>the state prison for three, six, or eight years. As used in this
>subdivision, "unconscious of the nature of the act" means incapable
>of resisting because the victim meets one of the following
>conditions:
> (1) Was unconscious or asleep.
> (2) Was not aware, knowing, perceiving, or cognizant that the act
>occurred.
> (3) Was not aware, knowing, perceiving, or cognizant of the
>essential characteristics of the act due to the perpetrator's fraud
>in fact.
> (g) Except as provided in subdivision (h), a person who commits an
>act of sodomy, and the victim is at the time incapable, because of a
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>mental disorder or developmental or physical disability, of giving
^^^^^^^^^
>legal consent, and this is known or reasonably should be known to the
^^^^^^^^^^^^^
>person committing the act, shall be punished by imprisonment in the
>state prison for three, six, or eight years. Notwithstanding the
>existence of a conservatorship pursuant to the Lanterman-Petris-Short
>Act (Part 1 (commencing with Section 5000) of Division 5 of the
>Welfare and Institutions Code), the prosecuting attorney shall prove,
>as an element of the crime, that a mental disorder or developmental
>or physical disability rendered the alleged victim incapable of
>giving consent.
> (h) Any person who commits an act of sodomy, and the victim is at
>the time incapable, because of a mental disorder or developmental or
^^^^^^^^^
>physical disability, of giving legal consent, and this is known or
^^^^^^^^^^^^^^^^^^^^^^^
>reasonably should be known to the person committing the act, and both
>the defendant and the victim are at the time confined in a state
>hospital for the care and treatment of the mentally disordered or in
>any other public or private facility for the care and treatment of
>the mentally disordered approved by a county mental health director,
>shall be punished by imprisonment in the state prison, or in a county
>jail for not more than one year. Notwithstanding the existence of a
>conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1
>(commencing with Section 5000) of Division 5 of the Welfare and
>Institutions Code), the prosecuting attorney shall prove, as an
>element of the crime, that a mental disorder or developmental or
>physical disability rendered the alleged victim incapable of giving
>legal consent.
> (i) Any person who commits an act of sodomy, where the victim is
>prevented from resisting by an intoxicating or anesthetic substance,
^^^^^^^^^^^^^^^^^^^^^^^^
>or any controlled substance, and this condition was known, or
>reasonably should have been known by the accused, shall be punished
>by imprisonment in the state prison for three, six, or eight years.
> (j) Any person who commits an act of sodomy, where the victim
>submits under the belief that the person committing the act is the
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>victim's spouse, and this belief is induced by any artifice,
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>pretense, or concealment practiced by the accused, with intent to
^^^^^^^^^^^^^^^^^^^^^^^^
>induce the belief, shall be punished by imprisonment in the state
>prison for three, six, or eight years.
> (k) Any person who commits an act of sodomy, where the act is
>accomplished against the victim's will by threatening to use the
^^^^^^^^^^^^^^^^^^^^^^^^^
>authority of a public official to incarcerate, arrest, or deport the
>victim or another, and the victim has a reasonable belief that the
>perpetrator is a public official, shall be punished by imprisonment
>in the state prison for three, six, or eight years.
> As used in this subdivision, "public official" means a person
>employed by a governmental agency who has the authority, as part of
>that position, to incarcerate, arrest, or deport another. The
>perpetrator does not actually have to be a public official.
> (l) As used in subdivisions (c) and (d), "threatening to retaliate"
>means a threat to kidnap or falsely imprison, or inflict extreme
>pain, serious bodily injury, or death.
> (m) In addition to any punishment imposed under this section, the
>judge may assess a fine not to exceed seventy dollars ($70) against
>any person who violates this section, with the proceeds of this fine
>to be used in accordance with Section 1463.23. The court, however,
>shall take into consideration the defendant's ability to pay, and no
>defendant shall be denied probation because of his or her inability
>to pay the fine permitted under this subdivision.
Now, where in all that text does it state that it is a crime for
consenting adults in private to commit sodomy?
lojbab
