In Huntsville, Alabama, a lawyer and his girlfriend were arrested and convicted of indecent exposure for having intimate relations in a pickup truck parked outside someone's private home. The story in the Huntsville Times mentions the text of the Alabama indecent exposure state in passing, and a closer look on Westlaw confirms an interesting quirk. The law, Ala.Code 1975 § 13A-6-68, says the following:

A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises. [emphasis added]

  In this case, it is clear that the lawyer and his girlfriend satisfied the requirement that they have "intent to arouse or gratify sexual desire of himself or of any person other than his spouse." But I wonder, what would a court do if the defendants had been married? Would criminal liability hinge on whether the defendants were generous lovers?

  Thanks to Will Work for Favorable Dicta for the link.