So, it was perfectly legal for consenting adults to have vaginal intercourse or engage in mutual masturbation outside of marriage, but oral or anal sex was reserved for married people. The offense was graded as a second degree misdemeanor punishable by a sentence of one to two years incarceration and a $5,000 fine. It goes without saying that those who passed this law were married men. The crime of voluntary deviate sexual intercourse made it a crime in Pennsylvania for unmarried people to have consensual oral or anal sex, while such activity was perfectly legal within the confines of marriage. This was distinguished from “involuntary deviate sexual intercourse,” which entails oral or anal sex without a victim’s consent, or in situations where a person under age 16 factually consents, but is too young to legally consent to any form of sex with someone more than four years older. Pennsylvania once had an offense known as “voluntary deviate sexual intercourse,” with “deviate sexual intercourse” being defined as oral or anal sex. There have been no shortage of utterly absurd laws in the United States criminalizing sexual activity between consenting adults, and Pennsylvania is no exception.
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