Is it illegal for to convicted felons to cohabitate in Virginia?

[RobynWolfe]

Felons cohabitating

[Kernighan]

Cohabitation occurs when two people living together maintain a sexual relationship but are not married. Having a roommate is not the same as cohabitation (unless you're having sex with your roommate). Virginia does have a law against cohabitation:

§ 18.2-345. Lewd and lascivious cohabitation.

If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor; and upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.

(Code 1950, § 18.1-193; 1960, c. 358; 1975, cc. 14, 15.)

The Virginia Supreme Court deemed the law unconstitutional, and Virginia's General Assembly have voted to repeal the law. The law will remain on the books until July 1, 2013.

State law does not prevent felons from living together; however, people on supervised probation are routinely prohibited from living with felons as a condition of probation.