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McDONALD v. COM.

Record No. 061456.

645 S.E.2d 918 (2007)

William S. McDONALD, a/k/a William S. MacDonald v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 8, 2007.

Attorney(s) appearing for the Case

Erwin Chemerinsky (Terry Driskill, on brief), Prince George, for appellant.

William E. Thro, State Sol. Gen. (Robert F. McDonnell, Atty. Gen.; Stephen R. McCullough, Deputy State Sol. Gen.; William C. Mims, Chief Deputy Atty. Gen., on brief), for appellee.

Professor Erwin Chemerinsky (John L. Squires; Nachman & Squires, on brief), amicus curiae, in support of appellant.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, Senior Justice.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider a constitutional challenge to Code § 18.2-361 prohibiting sodomy.

I. Facts

The facts of this case are not in dispute. William S. McDonald ("McDonald"), a man who was 45 to 47 years old during the years when the subject events took place, engaged in private, sexual intercourse and oral sodomy with a 16-year-old female, L.F., on two occasions. McDonald also had private, sexual intercourse...

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