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 IVo THE STAND_D TO BE APPLIED IN DETERMINING WHETHER THE
 ACTIVITY OR BEHAVIOR CONSTITUTING VICTIMLESS CRIMES IS
 PROTECTED BY THE NINTH AND TENTH AMENDMENTS SHOULD BE
 WHETHER THE ACT OR BEHAVIOR TO BE REGULATED CAUSES HARM TO
 PERSONS OTHER THAN THE ACTOR°
 Victimless crimes have been defined as:
 Those nonforceful offenses where the conduct
 subjected to control is committed by adult
 participants who are not willing to complain
 about their participation in the conduct, and
 where no direct injury is inflicted upon
 other persons not participating in the
 proscribed conduct°
 Decker, The Case_fQr Recognition of an_Absolute Defense or
 Mitigation in Crimes Without Victims, 5 S:o Mary's L.J. 40, 41
 (1973) .
 The major political theorist of the American colonial
 periods James Otis_ in his pamphlet, The l_qhts__Q___the Briti_!
 Colonies Asserted and Proved, enunciated the natural rights of
 man concept, and in doing so, formulated a standard with the
 following guidelines:
 The natural liberty of man is to be free from
 any superior power on earthe and not to be
 under the will or legislative authority of
 man, but only to have the law of nature for
 his rule. The colonists being men, have a
 right to be considered as equally entitled to
 all the rights of nature with the Europeans,
 and they are not to be restrainejx in the
 exercise of n_ of these ri_gh_ts__but for the
 evident qood of the communit_o By being or
 becoming members of society, they have not
 renounced their natural liberty in any
 greater degree than other good citizens, and
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