Sheriff needs to take another look at law

Kootenai County Sheriff Ben Wolfinger says “sodomy is against the law in Idaho.”

He says he provided a copy of the law to Boy Scout officials. He also was concerned that state law disallows advocating sodomy, especially with children.

OK, let’s look into the Idaho State Law for ourselves.

Title 18 Chapter 66 is “Sex Crimes.” That chapter has some interesting sections. Sections 18-6605 and 18-6606 are the only ones related to sodomy. These sections do not use the word “sodomy” at all, nor do they say “promoting” it is illegal.

Section 18-6605, enacted in 1972, says:

“Crime against nature -- Punishment. Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five years.”

There is no definition given for “the infamous crime against nature.” It must be assumed that this implies any sex act that someone unspecified considers to not be “natural.” It also says nothing about whether the same of different sex people are covered. It does not say anything about the marriage state of persons affected. Married people are also covered.

This law is at least partly ruled as invalid by the 2003 Supreme Court ruling in “Lawrence v. Texas,” which ruled that state sodomy laws which restrict private sex between adult persons of the same sex are unconstitutional.

I believe the current law on the books for Idaho is invalid or so vague it cannot be enforced.

In fact, other sections of Title 18 Chapter 66 are similarly flawed and need review or repeal. It says fornication and adultery are illegal and describes punishment. Read the law for yourself!

Chapter 83 governs registration of sex crimes offenders. This may be the chapter the sheriff is concerned with on the “advocating sodomy.” However, the Scouts will not be “advocating” any illegal behavior.

JOHN BAGWELL

Sandpoint