In 1948, Alfred Kinsey shocked the world with his research into sex: who was doing what, with whom and how often were not topics of polite conversation. But the zoologist researcher also placed the spotlight on the laws, pointing out that there was no consistency throughout the states. Activities that weren’t even illegal in Vermont could land you in jail for 30 years in Connecticut.
In analyzing the laws regarding sexual behavior. Kinsey looked at four categories. Adultery, sex between two people, at least one of whom is married to someone else. Fornication, sex involving unmarried partners. Seduction, inducing someone to have sex with a promise of marriage. Sodomy, a catch all of forbidden activities but most often used against homosexual activities.
So for all their prudish reputation, how did the New England states penalties stack up?
| Adultery | ||||||||
| State | Conn. | Maine | Mass. | NH | RI | Vermont | Toughest state | Most lenient state |
| Penalty | 5 years imprisonment | $1000 fine and/or five years imprisonment | $500 fine or 2-3 years imprisonment | $500 fine and one year imprisonment or 3 years imprisonment | $500 fine or one year imprisonment | $1000 fine or 5 years imprisonment | Connecticut, Oklahoma and Vermont – potential for five years imprisonment | No crime in Nevada, Louisiana, Tennessee, and New Mexico |
| Fornication | ||||||||
| State | Conn. | Maine | Mass. | NH | RI | Vermont | Toughest state | Most lenient state |
| Penalty | $100 fine and/or 6 months imprisonment | $100 fine and 60-days imprisonment. Cohabitation - $300 or 5 years imprisonment | $30 fine or 3 months imprisonment Cohabitation - $300 fine or 3 years imprisonment | $50 fine or 6 months imprisonment | $10 fine | No crime | Maine and Oregon – potential for five years imprisonment | No crime in Arizona, California, Delaware, Iowa, Louisiana, Maryland, Michigan, Nevada, New Mexico, New York, Oklahoma, South Dakota, Tennessee, Vermont and Washington |
| Seduction | ||||||||
| State | Conn. | Maine | Mass. | NH | RI | Vermont | Toughest state | Most lenient state |
| Penalty | $1000 fine or 5 years imprisonment | No crime | $1000 fine and/or 2 ½ to 3 years imprisonment | No crime | 5 years imprisonment | No crime | Georgia – up to 20 years imprisonment | Delaware, Florida, Idaho, Kansas, Louisiana, Maine, Maryland, Nevada, New Hampshire, Tennessee, Utah, Vermont, and West Virginia |
| Sodomy | ||||||||
| State | Conn. | Maine | Mass. | NH | RI | Vermont | Toughest state | Most lenient state |
| Penalty | 30 years imprisonment | 1-10 years imprisonment | 20 years imprisonment | No crime | 7-20 years imprisonment | No crime | Colorado and Nevada – up to life imprisonment | No crime in New Hampshire, Vermont and District of Columbia |
Pingback: The Great Connecticut Polygamy Crisis of 1903 - New England Historical Society