1. Voluntary sexual intercourse between two unmarried persons. • Fornication is still a crime in some states, such as Virginia.
2. Hist. Voluntary sexual intercourse with an unmarried woman. • At common law, the status of the woman determined whether the offense was adultery or fornication — adultery was sexual intercourse between a man, single or married, and a married woman not his wife; fornication was sexual intercourse between a man, single or married, and a single woman. Cf. ADULTERY. [Cases: Criminal Law 45.40; Lewdness
1. C.J.S. Criminal Law § 7.10; Lewdness §§ 2–9.] — fornicate, vb.
“Fornication was not a common-law crime but was made punishable by statute in a few states as a misdemeanor.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 455 (3d ed. 1982).
