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Infidelity and Adultery Laws and Court Decisions





Colorado 18-6-501 - Adultery. "Any sexual intercourse by a married person other than with that person's spouse is adultery, which is prohibited."

California "Sexual intercourse by a married woman with a man other than her husband [is] regarded as an offense against public morals, not merely as a breach of the obligation of marriage" West's California Digest.

Washington, DC   http://laws.findlaw.com/DC/975333a.html  & http://laws.findlaw.com/US/509/688.html if the crime of adultery with which he was charged was included in the crime of unlawful cohabitation for which he was convicted and punished, that question is now to be considered," 131 U.S., at 185 (emphasis added)), from its legal analysis, id., at 186-189, and from its repeated observations that cohabitation required proof of adultery, id., at 187, 189.

DOD http://laws.findlaw.com/9th/2/909/375.html Adultery is illegal[ in many states; the Department Defense does not subject the class of adulterers automatically to expanded security procedures.

Georgia http://laws.findlaw.com/US/478/186.html State might conclude that adultery is likely to injure third persons, in particular, spouses and children of persons who engage in extramarital affairs. With respect to incest, a court might well agree with respondent that the nature of familial relationships renders true consent to incestuous activity sufficiently problematical that a blanket prohibition of such activity [478 U.S. 186, 210] is warranted. See Tr. of Oral Arg. 21-22. & http://laws.findlaw.com/US/292/216.html  Section 966 (D.C. Code 1929, T. 14, 63) provides:  'A divorce from the bond of marriage may be granted only where one of the parties has committed adultery during the marriage: Provided, That in such case the [292 U.S. 216, 222] innocent party only may remarry, but nothing herein contained shall prevent the remarriage of the divorced parties to each other. ...' AND  ... a statute of the [292 U.S. 216, 226] District provides for forfeiture of dower in case of the wife's adultery during marriage, none denies dower to a widow because she had been guilty of adultery prior to the marriage with her late husband.  

Utah   http://laws.findlaw.com/US/131/176.html  That whoever commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years; and, when the act is committed between a married woman and a man who is unmarried, both parties to such act shall be deemed guilty of adultery; and when such act is committed between a married man and a woman who is unmarried, the man shall be deemed guilty of adultery.' 24 St. 635.   said defendant, Hans Nielsen, having been duly convicted in this court of the crime of adultery, it is therefore ordered, adjudged, and decreed that the said Hans Nielsen be imprisoned in the penitentiary of the territory of Utah, at the county of Salt Lake, for the term of one hundred and twenty-five days. http://laws.findlaw.com/10th/964191.html The Ten Commandments are undeniably a sacred text in the Jewish and Christian faiths, and no legislative recitation of a supposed secular purpose can blind us to that fact. The Commandments do not confine themselves to arguably secular matters, such as honoring one's parents, killing or murder, adultery, stealing, false witness, and covetousness. . . .

South Dakota   http://laws.findlaw.com/US/241/602.html  This is a prosecution for adultery committed on one of the Sioux Indian Reservations in the state of South Dakota. Both participants in the act were Indians belonging to that reservation. The statute upon which the prosecution is founded was originally adopted as part of the act of March 3, 1887 (chap. 397, 24 Stat. at L. 635), and is now 316 of the Penal Code [35 Stat. at L. 1149, chap. 321, Comp. Stat. 1913, 10,489]. The section makes no mention of Indians, and the question for decision is whether it embraces adultery committed by one Indian with another Indian, on an Indian reservation. The district court answered the question in the negative.  

Alabama  http://laws.findlaw.com/US/106/583.html  Section 4184 of the Code of Alabama provides that 'if any man and woman live together in adultery or fornication, each of them must, on the first conviction of the offense, be fined not less than $100, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months. On the second conviction for the offense, with the same person, the offender must be fined not less than $300, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than 12 months; and for a third or any subsequent conviction with the same person, must be imprisoned in the penitentiary or sentenced to hard labor for the county for two years."  and http://laws.findlaw.com/US/471/222.html The predecessor to 182 was Art. VIII, 3, of the Alabama Constitution of 1875, which denied persons "convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary" the right to register, vote or hold public office. These offenses were largely, if not entirely, felonies. The drafters of 182, which was adopted by the 1901 convention, expanded the list of enumerated crimes substantially to include the following: "treason, murder, arson, embezzlement, malfeasance in office, larceny, receiving stolen property, obtaining property or money under false pretenses, perjury, subornation of perjury, robbery, assault with intent to rob, burglary, forgery, bribery, assault and battery on the wife, bigamy, living in adultery, sodomy, incest, rape, miscegenation, [and] crime against nature."

Oklahoma  http://laws.findlaw.com/US/241/582.html  Adultery is an offense against the marriage relation, and belongs to the class of subjects which each state controls in its own way. It is a punishable offense only where the common or statute law of the state makes it such; and where punishable, it is cognizable only in the courts of the state.  

New York   http://laws.findlaw.com/US/360/684.html  Under provisions of the New York Education Law which were construed by the Court of Appeals of New York as requiring the denial of a license to show a motion picture when "its subject matter is adultery presented as being right and desirable for certain people under certain circumstances,"  

Florida    http://laws.findlaw.com/US/379/184.html  The challenged statute is a part of chapter 798 entitled "Adultery and Fornication."1 Section 798.01 forbids living in adultery  and 798.02 proscribes lewd cohabitation. Both sections are of general application, both require proof of intercourse to sustain a conviction, and both authorize imprisonment up to two years.2 Section 798.03, [379 U.S. 184, 186] also of general application, proscribes fornication3 and authorizes a three-month jail sentence.   http://laws.findlaw.com/US/424/448.html  (Section 61.08, Florida Statutes), a wife found guilty of adultery could not be awarded alimony.  

Pennsylvania http://laws.findlaw.com/US/352/1.html Mazzei pleaded guilty to charges of adultery and bastardy in a Pennsylvania state court. (Adultery law repealed in Pennsylvania)   http://laws.findlaw.com/US/439/1052.html  Pennsylvania repealed its law prohibiting adultery and fornication in 1972. 1972 Pa.Laws, Act No. 334, 5

New York   http://laws.findlaw.com/US/160/531.html  wherein she alleged that the defend- [160 U.S. 531, 533] ant, whose legal residence  was still in the city of Elizabeth, had committed adultery with several persons on different occasions in the city of New York,  

South Carolina   http://laws.findlaw.com/US/372/53.html  respondent filed his answer to the complaint neither admitting nor denying the allegations of adultery

West Virginia   http://laws.findlaw.com/US/232/619.html  The plaintiff (the defendant in error) at that time was the wife of a citizen of West Virginia, but, in consequence of his adultery, as she alleged, had separated from him and had gone to Virginia.  

New York   http://laws.findlaw.com/US/181/175.html  against Frederick A. Bell, for a divorce from the bond of matrimony, for his adultery at Buffalo, in the county of Erie, in April and May, 1890, and for alimony. [181 U.S. 175, 176]  

Illinois  http://laws.findlaw.com/US/236/140.html  Congress had no power to punish immorality, and certainly did not intend by this act of June 25, 1910 (36 Stat. at L. 825, chap. 395, Comp. Stat. 1913, 8812), to make fornication or adultery, which was a state misdemeanor, a Federal felony, punishable able by $5,000 fine and five years' imprisonment. http://laws.findlaw.com/7th/952053.html Their unmarried parents are "fornicators"; some are adulterers; fornication and adultery remain on the books of many states as crimes.

Hawaii   http://laws.findlaw.com/US/188/291.html  'That under and by virtue of the Hawaiian law in force at the time said decree of divorce was granted and now in force, it is provided: 'When a divorce is decreed for the adultery or other offense amounting thereto, of the wife, the husband shall hold her personal estate forever, and he shall hold her real estate so long as they shall live; and if he shall survive her, and there shall be issue of the marriage born alive, he shall hold her real estate for the term of his own life, as a tenant by the curtsey; provided that the court may make such reasonable provision for the divorced wife out of any real estate that may have belonged to her, as it may deem proper.'

Federal Law Against Adultery   http://laws.findlaw.com/US/327/711.html  sections of the Federal Criminal Code apply to the reservation, including not only the Assimilative Crimes Act, but also those making penal the offenses of rape, 4 assault with intent to [327 U.S. 711, 714] commit rape,5 having carnal knowledge of a girl,6 adultery7 and fornication. 8  years; ... and when such act is committed      between a married man and a woman who is unmarried, the man shall be deemed guilty of adultery.' Criminal Code,      316, 35 Stat. 1149, 18 U.S.C. 516, 18 U.S.C.A. 516.  [Footnote 8] 'If any unmarried man or woman commits fornication, each shall be fined not more than $100, or imprisoned not more than six months.' Criminal Code, 318, 35 Stat. 1149, 18 U.S.C. 518, 18 U.S.C.A. 518.  Adultery: (1887) 24 Stat. 635, in connection with the amendment of bigamy statutes; (1909) 35 Stat. 1149.  

Arizona   http://laws.findlaw.com/US/327/711.html  

1975 Case http://laws.findlaw.com/US/420/770.html "When to the idea of an offense plurality of agents is logically necessary, conspiracy, which assumes the voluntary accession of a person to a crime of such a character that it is aggravated by a plurality of agents, cannot be maintained. . . . In other words, when the law says, `a combination between two persons to effect a particular end shall be called, if the end be effected, by a certain name,' it is not lawful for the prosecution to call it by some other name; and when the law says, such an offense - e. g., adultery - shall have a certain punishment, it is not lawful for the prosecution to evade this limitation by indicting the offense as conspiracy." 2 F. Wharton, Criminal Law 1604, p. 1862 (12th ed. 1932).5[420 U.S. 770, 774] The Rule has been applied by numerous courts, state and federal alike.

Wyoming http://laws.findlaw.com/US/161/65.html Sections 1 and 2 relate to testimony in prosecutions for bigamy, polygamy, or unlawful cohabitation. Sections 3-5 define and punish the offenses of adultery, incest, and fornication.

Minnesota http://laws.findlaw.com/US/296/1.html Mason's Minnesota Statutes 1927, 8601-8604. The court is empowered upon divorce for any cause, except that of the wife's adultery, to decree to the wife 'such part of the personal and real estate of the husband, not exceeding in value one-third thereof, as it deems just and reasonable, having regard to the ability of the husband, the character and situation of the parties, and all other circumstances of the case.'

Ohio http://laws.findlaw.com/US/432/161.html In Nielsen, conviction for adultery required proof that the defendant had sexual intercourse with one woman while married to another.

Puerto Rico http://laws.findlaw.com/US/204/64.html It was, moreover, specially alleged that, as the divorce had been decreed against the wife on account of her adultery, she had forfeited all her interest in the community if any community property existed. & the Code of 1889 provided that, in case of a divorce for adultery, the guilty spouse should forfeit or lose, not his or her interest in the community, but 'all that may have been given or promised him or her by the innocent one, or by any other person, in consideration for the latter.'

Spain http://laws.findlaw.com/US/204/64.html by the law of Spain, prior to the adoption of the Spanish Civil Code, the wife against whom a judgment of divorce for adultery was decreed forfeited all right to her share in the community existing between herself and husband.

Uniform Code of Military Justice (UCMJ) http://laws.findlaw.com/9th/3/34/1469.html Prohibited conduct includes adultery, indecent assault, wrongful co-habitation, fraternization, indecent language, indecent acts with another, pandering and prostitution, sodomy and bigamy. Articles 120, 125, 134, Uniform Code of Military Justice, 10 U.S.C. 920, 925, 934 (Supp. 1994).

http://laws.findlaw.com/8th/953913pv2.html

Further Research:

http://en.wikipedia.org/wiki/Adultery Adultery
http://en.wikipedia.org/wiki/Emotional_affair Emotional Affairs

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