Is Adultery a Crime? 【Penalties & Laws by State】

Adultery is a crime in multiple jurisdictions in the United States but people have been. As it becomes increasingly easy to document and prove, most people agree that adultery is not a crime at all.

In the past, adultery was considered a crime against marriage, which was considered a contract between the husband, wife, and state. Common law defines adultery as sexual intercourse between a married person and one of the opposite sex who is not the spouse.

The criminalization of adultery came about in part because of religious traditions and the belief that marriage was intended to be permanent. Is Infidelity legal? As society changed over time, so did its opinions on what constituted criminal behavior. In some countries today, adultery is still a crime, but in most countries around the world, it is not. Many countries have decriminalized adultery specifically to comply with international human rights standards. For example, in Canada in 1985, Section 215 of the Canadian Criminal Code was found unconstitutional because it violated the equality rights of women by treating them differently from men regarding sexual activity outside marriage.

Is Adultery a Crime in the US?

Though adultery is not a crime anymore in the majority of states, it is still considered unacceptable culturally. Many countries around the world have laws against adultery and some don’t. Below is a list of countries where adultery is illegal.

Adultery Laws by State (USA)

Here is a list of US states where adultery is illegal if a person is married to another individual.

State	Legal Status
Alabama	❌
Arizona	❌
Florida	❌
Georgia	❌
Idaho	❌
Illinois	❌
Kansas	❌
Massachusetts	❌
Michigan	❌
Minnesota	❌
Mississippi	❌
New York	❌
North Dakota	❌
Oklahoma	❌
South Carolina	❌
Utah	❌
Virginia	❌
Wisconsin	❌

Is adultery illegal or legal?

It may be illegal when committed in certain circumstances, such as when it occurs with the consent of one spouse in a country that allows divorce or when it involves an employee of the government or when it falls within the definition of rape.

Penalties for Adultery

The penalties for adultery vary by state in the USA. States like Michigan, Maryland & Wisconsin have laws against it but aren’t that severe e.g only a $10 penalty would be imposed if found guilty in Maryland. But then, on the other hand, there are some states where laws regarding adultery are much more strict e.g Massachusetts where an individual may be jailed for up to 3 years for the misdemeanor.

In many countries, adultery can be punished by death. It was a capital offense for women in ancient China and men and women in ancient Greece. It was also once punishable by death in Great Britain but now, under section 57 of the Offences against the Person Act 1861, it is punishable with imprisonment for up to five years. In other countries like India, adultery may lead to social ostracism and even violence from family members. In Indonesia, both parties are given 100 lashes if found guilty of adultery (the punishment may vary according to Sharia law).

Is adultery a crime in the UK?

Adultery is the breach of a marital contract by one or both parties. Some countries consider it a crime while other gives relaxation. It is all dependent on adultery laws by state.

In the UK, adultery is not considered a crime by law and thereby, there are no repercussions that follow if you choose to cheat on your spouse.

Since there are no laws that prohibit adultery in the UK, then it would be natural to assume that adultery is legal in England, but that isn’t the case as it’s still considered a misdemeanor.

Why is adultery a crime in the US?

It’s not just illegal in the US—it’s a crime everywhere, legal consequences of adultery are harsh in a lot of countries, including prison sentences and hefty fines. It can also be grounds for divorce, especially if one of the spouses involved is still legally married to someone else.

In China, adultery is punished by public humiliation and up to two years in prison. Some cultures even have laws prohibiting anyone from witnessing an act of adultery and requiring them to report it immediately. While the Internet has made cheating easier than ever, if you’re caught having an affair, you could end up behind bars or paying a huge fine.

Is it illegal to have an affair?

That can depend on several factors, including how common the practice is in your state, whether you’re married or civil unioned, and whether the affair causes any harm. In some countries, it is illegal to cheat on your spouse.

Can you go to jail for cheating on your spouse?

No, most states consider adultery against the laws and cruelty under marital contracts, but those laws tend to apply only when divorce is on the table. You can’t be put in jail just because you got caught cheating. But if you’ve committed adultery, then divorce is definitely on the table.

Moreover, if you’re going through a divorce and trying to figure out who gets what, then your spouse could use your past actions against you. Adultery and similar acts may be considered grounds for terminating a marriage or obtaining alimony and child support payments.

What are legal punishments for adultery?

Adultery charges vary by jurisdiction. In most of the United States, adultery is not a criminal offense. In some jurisdictions, however, as well as in parts of the European Union and Canada, adultery itself is not a crime but can be prosecuted under broader laws prohibiting cheating while married or making a false statement on a public document.

Even where it is not directly prohibited by law, adultery may be considered a crime when it causes harm to others. Infidelity in marriage law can also have consequences in civil courts between spouses.

Is Indefility a felony?

Infidelity is a felony offense in the state of Alabama, according to Section 13A-13-52. The law was passed in 1986 and was officially codified in 1987. And moreover, as it’s unethical to cheat on your spouse, you better uncheck it from your to do list.

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JD Lipton

JD Lipton is an accomplished legal writer who specializes in civil law. He's a prolific legal practitioner & publisher who's been part of the community for four decades, writing on numerous legal & social topics to educate the common citizen about their rights.