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Lovisi v. Slayton

539 F.2d 349 (1976)

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Lovisi v. Slayton

United States Court of Appeals for the Fourth Circuit

539 F.2d 349 (1976)

Facts

Aldo and Margaret Lovisi (defendants) were convicted of violating a Virginia sodomy statute that prohibited oral sex after one of Margaret’s adolescent daughters from a previous marriage took a sexually explicit photo to school. The incident resulted in the state obtaining a search warrant, which revealed hundreds of sexually explicit photos. Among the photos, were images of Aldo and Margaret engaging in oral sex with another man, Earl Romeo Dunn, who had answered an advertisement the Lovisis had placed in a swingers magazine. At trial, Margaret’s daughters testified that they took the pictures while the three adults engaged in sexual activities. However, Aldo and Dunn testified that the daughters were never present in the bedroom and that they had used a self-timer feature to take the pictures. Although the district judge did not believe the daughters’ testimony, the Lovisis were found guilty of violating the sodomy statute over the Lovisis argument that the statute was unconstitutional because it violated their fundamental right to privacy. The Lovisis appealed.

Rule of Law

Issue

Holding and Reasoning (Haynsworth, C.J.)

Dissent (Craven, J.)

Dissent (Winter, J.)

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