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U.S. Supreme Court

Sex Offender Convicted Under NC Sodomy Law Seeks Cert

A North Carolina man convicted of a felony for having oral sex with two teens above the age of consent has asked the U.S. Supreme Court to overturn the state’s sodomy law.

William S. MacDonald had to register as a sex offender after his conviction, and he says he’s been hounded out of his homes as a result, the New York Times reports. He now lives in a homeless shelter and his truck in Asheville.

MacDonald contends the North Carolina statute is invalid under the U.S. Supreme Court decision, Lawrence v. Texas, that struck a ban on consensual gay sex. A line in the 2003 decision noted that the case doesn’t involve minors. Courts considering MacDonald’s appeal have ruled the sodomy law can still be applied in cases like his that involve minors.

The newspaper summarizes the “icky” details of MacDonald’s case. He was convicted of having consensual oral and vaginal sex with two girls, ages 16 and 17. The age of consent in the state is 15, although an adult who has intercourse with a minor is guilty of a misdemeanor if the sex contributes to the delinquency of minor. The oral sex, however, brought felony convictions under the sodomy law.

The cert petition (PDF posted by The Cocklebur) claims prosecution under the statute violates the due process clause.