YES NO

1) Alabama *Reference | 434

Adultery.
(a) A person commits adultery when he engages in sexual
intercourse with another person who is not his spouse and
lives in cohabitation with that other person when he or that
other person is married.

(b) A person does not commit a crime under this section if he

reasonably believes that he and the other person are unmarried
persons. The burden of injecting this issue is on the defendant,
but this does not change the burden of proof.

(c) Adultery is a Class B misdemeanor.

AL Code § 13A-13-2 (2013)

2) Alaska
3) Arizona *Reference | 434
A. A married person who has sexual intercourse with another
than his or her spouse, and an unmarried person who has
sexual intercourse with a married person not his or her spouse,
commits adultery and is guilty of a class 3 misdemeanor. When
the act is committed between parties only one of whom is
married, both shall be punished.

B. No prosecution for adultery shall be commenced except

upon complaint of the husband or wife.

AZ Rev Stat § 13-1408 (2016)

4) Arkansas
5) California
6) Colorado
7) Connecticut
8) Delaware
9) Florida *Reference | 434

798.01 Living in open adultery.—Whoever lives in an open

state of adultery shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
Where either of the parties living in an open state of adultery
is married, both parties so living shall be deemed to be guilty
of the offense provided for in this section.

FL Stat § 798.01 (2015)

10) Georgia *Reference | 434

A married person commits the offense of adultery when he

voluntarily has sexual intercourse with a person other than his
spouse and, upon conviction thereof, shall be punished as for
a misdemeanor.
 Georgia Code TITLE 16 - CRIMES AND OFFENSES
CHAPTER 6 - SEXUAL OFFENSES § 16-6-19 - Adultery
11) Hawaii
12) Idaho *Reference | 434
***

Adultery. A married man who has sexual intercourse with a

woman not his wife, an unmarried man who has sexual
intercourse with a married woman, a married woman who has
sexual intercourse with a man not her husband, and an
unmarried woman who has sexual intercourse with a married
man, shall be guilty of adultery, and shall be punished by a fine
of not less than $100, or by imprisonment in the county jail for
not less than three months, or by imprisonment in the state
penitentiary for a period not exceeding three years, or in the
county jail for a period not exceeding one year, or by fine not
exceeding $1000.

ID Code § 18-6601 (2016)

13) Illinois *Reference | 434

(a) A person commits adultery when he or she has sexual

intercourse with another not his or her spouse, if the behavior
is open and notorious, and
(1) The person is married and knows the other person involved
in such intercourse is not his spouse; or
(2) The person is not married and knows that the other person
involved in such intercourse is married.
A person shall be exempt from prosecution under this Section
if his liability is based solely on evidence he has given in order
to comply with the requirements of Section 4-1.7 of “The
Illinois Public Aid Code", approved April 11, 1967, as
amended.
(b) Sentence. Adultery is a Class A misdemeanor.

Sec. 11-35. Adultery, Illinois Criminal Code

14) Indiana
15) Iowa
16) Kansas *Reference | 434

21-5511. Adultery. (a) Adultery is engaging in sexual

intercourse or sodomy with a person who is not married to the
offender if:

(1) The offender is married; or

(2) the offender is not married and knows that the other
person involved in the act is married.

(b) Adultery is a class C misdemeanor.

KS Stat § 21-5511 (2014)

17) Kentucky
18) Louisiana
19) Maine
20) Maryland *Reference | 434

(a) Prohibited.- A person may not commit adultery.

(b) Penalty.- A person who violates this section is guilty of a

misdemeanor and on conviction shall be fined $10.

TITLE 10 - CRIMES AGAINST PUBLIC HEALTH,

CONDUCT, AND SENSIBILITIES Subtitle 5 - Crimes
Against Marriage Section 10-501 - Adultery. § 10-501.
Adultery.
21) Massachusetts
22) Michigan *Reference | 434
750.29 Adultery; definition.
Sec. 29.

Definition—Adultery is the sexual intercourse of 2 persons,

either of whom is married to a third person.

750.30 Adultery; punishment.

Sec. 30.

Punishment—Any person who shall commit adultery shall be

guilty of a felony; and when the crime is committed between a
married woman and a man who is unmarried, the man shall be
guilty of adultery, and liable to the same punishment.

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

23) Minnesota *Reference | 434

***

Subdivision 1. Acts constituting. When a married woman has

sexual intercourse with a man other than her husband, whether
married or not, both are guilty of adultery and may be
sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.

Subd. 2. Limitations. No prosecution shall be commenced

under this section except on complaint of the husband or the
wife, except when such husband or wife is insane, nor after
one year from the commission of the offense.

Subd. 3. Defense. It is a defense to violation of this section if

the marital status of the woman was not known to the
defendant at the time of the act of adultery.

1997 Minnesota Code

 Chapters 609 - 624 Crimes, Criminals
Chapter 609 Criminal Code
Section 609.36 Adultery.
24) Mississippi *Reference | 434

If any man and woman shall unlawfully cohabit, whether in

adultery or fornication, they shall be fined in any sum not more
than five hundred dollars each, and imprisoned in the county
jail not more than six months; and it shall not be necessary, to
constitute the offense, that the parties shall dwell together
publicly as husband and wife, but it may be proved by
circumstances which show habitual sexual intercourse.

MS Code § 97-29-1 (2013)

25) Missouri
26) Montana
27) Nebraska
28) Nevada
29) New Hampshire
30) New Jersey
31) New Mexico
32) New York *Reference | 434

255.17 Adultery.
A person is guilty of adultery when he engages in sexual
intercourse with another person at a time when he has a living
spouse, or the other person has a living spouse.

Adultery is a class B misdemeanor.

NY Penal L § 255.17 (2015)

33) North Carolina *Reference | 434

14-184. Fornication and adultery.

If any man and woman, not being married to each other, shall
lewdly and lasciviously associate, bed and cohabit together,
they shall be guilty of a Class 2 misdemeanor: Provided, that
the admissions or confessions of one shall not be received in
evidence against the other.

NC Gen Stat § 14-184 (2014)

34) North Dakota
35) Ohio
36) Oklahoma *Reference | 434

Any person guilty of the crime of adultery shall be guilty of a

felony and punished by imprisonment in the State Penitentiary
not exceeding five (5) years or by a fine not exceeding Five
 Hundred Dollars ($500.00), or by both such fine and
imprisonment.

21 OK Stat § 21-872 (2014)

37) Oregon
38) Pennsylvania
39) Rhode Island *Reference | 434

§ 11-6-2 Adultery. – Every person who shall commit adultery

shall be fined not exceeding five hundred dollars ($500); and
illicit sexual intercourse between any two (2) persons, where
either of them is married, shall be deemed adultery in each.

RI Gen L § 11-6-2 (2012)

40) South Carolina *Reference | 434

Any man or woman who shall be guilty of the crime of adultery

or fornication shall be liable to indictment and, on conviction,
shall be severally punished by a fine of not less than one
hundred dollars nor more than five hundred dollars or
imprisonment for not less than six months nor more than one
year or by both fine and imprisonment, at the discretion of the
court.

SC Code § 16-15-60 (2012)

41) South Dakota
42) Tennessee
43) Texas
44) Utah *Reference | 434

(1) A married person commits adultery when he voluntarily has

sexual intercourse with a person other than his spouse.
(2) Adultery is a class B misdemeanor.

Utah Code - 76-7-103 — Adultery.

45) Vermont
46) Virginia *Reference | 434

18.2-366. Adultery and fornication by persons forbidden to

marry; incest.

A. Any person who commits adultery or fornication with any

person whom he or she is forbidden by law to marry shall be
guilty of a Class 1 misdemeanor except as provided by
subsection B.

B. Any person who commits adultery or fornication with his

daughter or granddaughter, or with her son or grandson, or her
father or his mother, shall be guilty of a Class 5 felony.
However, if a parent or grandparent commits adultery or
 fornication with his or her child or grandchild, and such child
or grandchild is at least thirteen years of age but less than
eighteen years of age at the time of the offense, such parent or
grandparent shall be guilty of a Class 3 felony.
VA Code § 18.2-366 (2001 through Reg Session)
47) Washington
48) West Virginia
49) Wisconsin *Reference | 434

944.16 Adultery. Whoever does either of the following is

guilty of a Class I felony:

(1) A married person who has sexual intercourse with a person

not the married person's spouse; or

(2) A person who has sexual intercourse with a person who is

married to another.

WI Stat § 944.16 (2012 through Act 45)

50) Wyoming