In Commonwealth v. Mochan (1955), the majority of the court ruled that he was indeed guilty of a common law misdemeanor which "injures the public" (thinking of the people on the party line, or operator, who could pick up the phone and be injured by suggestions of sodomy).
I have to side with the dissenting opinion, though (by Justice Woodside): "This is an unwarranted invasion of the legislative field by arrogating the responsibility by declaring that certain acts are a crime during a trial."
It's ex post facto and is not due process, and the judiciary are trying to make laws rather than interpret the actual laws - all because they're afraid of getting fucked up the ass (or more afraid that their wives will be by some stranger?).
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