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CAN Reform
continued from proceeding page
also criticized the repeal of the adultery
fornication and cohabitation laws.
Rep. Joseph B. Roberts III, D-Gaston, said
that he liked the distinction Fathei
Mulholland said the Catholic Church made
between acts within marriage and acts
between unmarried persons.
Roberts moved that the committee direct its
staff to draft a new law leaving the “crime
against nature" law just as it is but excluding
private acts between a husband and wife.
Sen. William Martin, D-Guilford, moved
that the staff also draft a new “crime againsi
nature” provision that would exclude private
consensual activity but deal with harassmeni
or repeated solicitation forlthe purpose ol
performing oral or anal sex.
Butch Zimmerman, a district attorney fronr
Lexington, said that he liked the “crime
against nature” law just as it is and he wanted
to see a draft keeping current law.'
The committee then voted to have the
legislative staff draft three separate proposals:
(1) leaving the law like it is, (2) excluding
private acts between a husband and wife and
(3) dealing only with harassment or repeated
solicitation for the purpose of performing oral
or anal sex.
The committee also voted to put the new
provision in Article 46 of the proposed code,
the article dealing with riots, civil disorders
and public disturbances.
The day after the hearing and meeting,
several committee members told a Raleigh
News and Observer reporter their concerns
about a revision in the sex offense laws.
Sen. Dennis J. Winner, D-Buncombe, who
was not present for the meeting September 27,
said that controversy over changes in sex laws
had doomed proposals to revise the criminal
codes in other states. “I’m afraid that's what’s
going to happen here,” he said.
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Rep. Roberts old the reporter that
legislators could not go around with “built-in
applause meters” to gauge public opinion on
the issue. Pointing out that it is technically a
crime for an unmarried man and woman to
live together in North Carolina, Roberts
noted, “If that were strictly enforced, there
would be very few people left to run society.”
Rep. Timothy H. McDowell, D-Alamance,
who had sat silent at the September 27
meeting, told the reporter, “We ought to try
our best to bring (criminal laws) into the 20th
century."
Observers at the meeting said they expected
the draft provisions to be discussed at a
committee meeting in November after the
election.
Anyone who wants further information
about the criminal code revision should write
the North Carolina Human Rights Fund, Post
Office Box 10782, Raleigh, N.C. 27605. •
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