Byrd v. State

The first question, whether the defendant has a right to challenge the fornication statute as an unconstitutional invasion of privacy, is disposed of by the holding of this court in Jones v. State (1972), 55 Wis. 2d 742, 200 N. W. 2d 587. In that case, this court held that one convicted of sodomy under sec. 944.17 (1), Stats., could not raise the constitutional defense of overbreadth by alleging it would cover private consensual acts of married persons where the acts in question had been forced on another by the defendant. This court said, page 748:

“Certainly the state has a legitimate…