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SCHOCHET v. STATE

No. 76, September Term, 1988.

320 Md. 714 (1990)

580 A.2d 176

STEVEN ADAM SCHOCHET v. STATE OF MARYLAND.

Court of Appeals of Maryland.

October 9, 1990.

Attorney(s) appearing for the Case

Joseph P. Suntum (Miller, Miller & Canby, Chartered, both on brief), Rockville, for petitioner.

Stephen J. Shapiro, Gerard J. Gaeng, Debra A. Jung, Whiteford, Taylor & Preston, Baltimore, amicus curiae, for American Civil Liberties Union of Maryland, Inc.

David W. Ogden, Thomas N. Griffin, III, Donald B. Verrilli, Jr., Harry H. Rieck, Jenner & Block, Washington, D.C., amicus curiae, for Maryland Psychological Ass'n, Institute for Advanced Study of Human Sexuality, American College of Sexologists, Society for the Scientific Study Of Sex, And Population Planning Associates.

Gary E. Bair, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Reargued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and CHASANOW, JJ.

ELDRIDGE, Judge.

Two major issues are presented in this case. First, does Maryland Code (1957, 1987 Repl.Vol.), Art. 27, § 554, providing criminal penalties for "unnatural or perverted sexual practices," encompass consensual, noncommercial, heterosexual activity between adults in the privacy of the home? Second, if Art. 27, § 554, criminalizes such activity, does it violate either the Constitution of the United States or the Maryland Declaration of Rights...

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