 The defeating factors most heavily stressed by Devlin and Moore are privacy and liberty (Devlin 1965: 16–20; Moore 1997: 76–78). As far as privacy is concerned, consider adultery and fornication. Adultery remains a criminal offence in parts of the world including certain US states (Rhode 2016). Devlin takes the wrongfulness of adultery for granted, but nevertheless holds it inappropriate to criminalize it. Jeffrie Murphy reaches the same conclusion despite saying, along the same lines as Devlin: