Commonwealth v. Balthazar

' The defendant was convicted of committing an “unnatural and lascivious act with another person.” See G. L. c. 272, § 35. He argues that the prohibition against committing an “unnatural and lascivious act” is unconstitutionally vague. He further asserts that § 35 is unconstitutional because it impermissibly attempts to apply to conduct of consenting adults in private. He argues that the judge should have instructed the jury that consent by the victim would bar a conviction under § 35. He also claims that, if § 35 is free from unconstitutional vagueness, the judge failed to give the jury an…