Recorded January 14th, 2018 / Published March 27th, 2018
Call in to get your questions answered at 865-268-4005 or visit at kudrinskrypt.com
On this episode of the Krypt we are going to dive into BDSM and the law but first, I have to welcome my amazing co-host, Funsize.
Rules to Love by:
Safe, sane, consensual, and informed
KNKI: Knowledge, No Intolerance, Kindness, Integrity
“Submission is not about authority and it’s not about obedience; it is all about relationships of love and respect.” -Wm. Paul Young
So as we all know the law can be a sticky subject there to help protect us or if we get caught up in it, well it's not so pleasant.  In today's conversation we have a few things to look at:
What are the laws we directly face as part of the lifestyle?
In the majority of the U.S at present, there is a common law that states that a person cannot consent to being harmed.  In theory, this would negate all consent of BDSM practices, and generally make everything we do illegal.
I would like to break down this common law because I very much like to dig deep into these subjects, and frankly, this is one of the stickiest and murkiest bits of law I know.  It states that one cannot consent to be HARMED. There is a huge difference in hurt and harm, to begin with, we're actually planning a whole future episode to discuss this topic.  What it really comes down to is that we each as consenting adults have to define the line between hurt and harm. So in that, we can consent to something.  
My second huge point on the wording of this is that it seems to be aimed at those who engage in impact play.  As we all know impact play is NOT a must for BDSM. I'm not a fan of these murky generalizations.
However, even with all this confusing and ill-worded generalization, there is one good point to be made, and that is that this law also helps to protect those who have been abused.  This common law is actually what allows victims of abuse to move into criminal charges against their abusers for assault or aggravated assault.
There are also laws which ban many BDSM activities as morally reprehensible.  Especially if you live in the Bible-belt.
These laws can also affect how many adult toys you may own and in some cases that is zero, what types of implements you can have, and even the kinds of sex you can be having.  Sodomy, for example, is illegal in Montana and most states. In most southern states the missionary position is the only legal way to have sex and some states go as far to say “only with the purpose and/or intent of and for procreation”.  
I don't like these laws simply because they are mostly either too generalized or too specific.  And the idea of something being morally reprehensible doesn't sit well with me in terms of legality because too often laws are created and are often, in fact, immoral or based on religious practices when the Constitution of the United States is supposed to protect us from these types of biases.  
Legal definitions of some of what we do, that are often considered illegal...because these do vary state to state:  
Assault and aggravated assault are defined as acts of non-consensual touching of a person by another person or implement.  Aggravated assault applies to the same with the use of a deadly weapon ie knife play.
Carrying a weapon knife play again for instance.  Some states have very specific laws as to the size of the knife you may have on your person, (in most states the blade cannot be longer than 3 inches) and if you’re into scalpel play these definitions may determine whether your scalpel is deemed a knife or not, and therefore a weapon.  
False imprisonment and kidnapping are crimes of restraining another person without their consent.  Obviously, we’re all about consent but if you are engaged in a scene and police enter your home and find your partner tied up or in a cage, they may choose to view this as your...