Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A species of commercial activity among the states. The term reaches virtually all forms of economic interaction that affect more than one state and supplies the basis for congressional regulatory power.
Physical sexual contact involving penetration of the vagina by the penis however slight. Emission is not required. The term appears in definitions of rape and related offenses as well as in loss-of-consortium claims.
A species of commercial activity among the states. The term reaches virtually all forms of economic interaction that affect more than one state and supplies the basis for congressional regulatory power.
Select any source to read its text and confirm it supports the definition.
Physical sexual contact involving penetration of the vagina by the penis however slight. Emission is not required. The term appears in definitions of rape and related offenses as well as in loss-of-consortium claims.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Federal Surety sells property-casualty policies to customers whose homes straddle state lines and routes all premiums through interstate banking channels. Congress enacts a statute barring use of credit-history data in any policy sold to multi-state customers. The statute is upheld because the company's operations constitute commercial intercourse among the states.
A real-estate company refuses to sell homes to Black buyers in a suburban development. The buyers sue under a federal statute enacted to enforce the Thirteenth Amendment. The Court holds that the statute reaches private refusals to deal in real property because such refusals constitute badges of servitude in matters of intercourse or business.
During a robbery Ivan Ivanov and an accomplice force their way into a home and commit rape. When the homeowner resists, the accomplice kills him. The killing is presumed to be murder because it occurred during the commission of rape or deviate sexual intercourse by force.
India Inoue suffers severe burns that leave her hospitalized for weeks and permanently impair her capacity for sexual intercourse. Her husband sues the equipment supplier for the resulting loss of society and services, including the impairment of sexual relations.
Ivy Ibarra becomes severely intoxicated at a party. A male acquaintance leads her to a bedroom and has sexual intercourse with her while she is unable to appraise or control her conduct. He is guilty of rape under the statute because he substantially impaired her capacity by intoxicants.
An officer approaches a man on the street and asks routine questions. The man answers and the conversation remains voluntary. Because no physical force or show of authority restrains the man's liberty, the brief personal intercourse does not amount to a seizure.
Yes. Discovery of one's spouse or long-term partner in the act of sexual intercourse is a classic category of adequate provocation that can reduce an intentional killing from murder to voluntary manslaughter when the killing occurs in the heat of passion before a reasonable cooling-off period.
Supporting sources
Consent is ineffective when intercourse is accomplished by actual physical force, by placing the victim in fear of great and immediate bodily harm, or when the victim lacks capacity because of unconsciousness, intoxication, or mental condition. Certain narrow categories of fraud also render consent ineffective.
Supporting sources
Yes. The action for loss of society and services must be joined with the action for bodily harm unless joinder is impossible. Recovery is allowed only when the two actions are joined.
Supporting sources
Yes. The statute applies when a male has sexual intercourse with a female not his wife under specified circumstances of force, incapacity, or minority. Same-sex conduct falls outside the literal terms of the provision.
Supporting sources
…child would be born with grave physical or mental defect, or (iii) that the pregnancy resulted from rape or incest, or illicit intercourse with a girl under the age of 16 years]. "SECTION 2. [ Penalty. ] Any person who performs or procures an abortion other than authorized by this Act is guilty of a [felony] and, upon…