State v. Trejo

I dissent. The sodomy statute, § 40A-9-6, N.M.S.A.1953 (Repl.Vol. 6), is unconstitutional and void because it regulates private sexual relations between two consenting adults, including husband and wife, both of which adults may be principals. “Force is not an element of the crime.” Washington v. Rodriguez, 82 N.M. 428, 483 P.2d 309 (Ct.App.1971).

The Model Penal Code of the American Law Institute, 1962, § 213.2 suggests a proper sodomy statute. Thus far it has been adopted by the States of Connecticut (Conn.Gen.Stat. § 53a-65 et seq., particularly §§ 53a-75, 53a-76, 53a-77 [1958 Rev. 1969…