# Adultery is illegal? **URL:** \ **Category:** Factual Questions\ **Created:** [May 3, 2005, 4:52am UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184 "2005-05-03T04:52:46Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\ **Post date:** [May 3, 2005, 4:52am UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/1 "2005-05-03T04:52:46Z")
A friend of mine, who was trained as a lawyer (but no longer practices), asserted in a recent conversation that adultery is illegal in all 50 states. Is this true? I suppose that this means that in such places, adultery is technically illegal, but clearly such laws are rarely if ever enforced these days. Is there a special legal designation for acts that are only illegal according to ancient, obsolete laws? Does such neglect of enforcement ever have the (real legal) effect of repealing the laws? (Idle inquiry: anyone know when/where the last adultery trial was held?) ---
**Author:** ![Raguleader](https://avatars.discourse-cdn.com/v4/letter/r/258eb7/32.png) [@Raguleader](https://boards.straightdope.com/u/Raguleader)\ **Post date:** [May 3, 2005, 4:56am UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/2 "2005-05-03T04:56:41Z")
> [@commasense](#): > > A friend of mine, who was trained as a lawyer (but no longer practices), asserted in a recent conversation that adultery is illegal in all 50 states. Is this true? > > I suppose that this means that in such places, adultery is technically illegal, but clearly such laws are rarely if ever enforced these days. Is there a special legal designation for acts that are only illegal according to ancient, obsolete laws? Does such neglect of enforcement ever have the (real legal) effect of repealing the laws? > > (Idle inquiry: anyone know when/where the last adultery trial was held?) I remember a few years back this lady in the Air Force got court-martialled for Adultery, so at least in the US armed forces it’s dealt with rather severely. ---
**Author:** ![deevee](https://avatars.discourse-cdn.com/v4/letter/d/57b2e6/32.png) [@deevee](https://boards.straightdope.com/u/deevee)\ **Post date:** [May 3, 2005, 5:16am UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/3 "2005-05-03T05:16:31Z")
Considering that the very nebulous concept of sodomy is illegal in some states it wouldn’t surprise me. All 50 states seems somewhat suspect, particularily ones that have no fault divorce. ---
**Author:** ![Campion](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@Campion](https://boards.straightdope.com/u/Campion)\ **Post date:** [May 3, 2005, 5:32am UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/4 "2005-05-03T05:32:53Z")
Not in California that I can tell. The Penal Code mentions adultery only once, in section 285: > [@](#): > > Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison. The most recent case regarding adultery as a crime that I could find was 1940-ish, and it cited a section of the Penal Code (sections 269a and 269b) that no longer exist. So my suspicion is that adultery is no longer a crime in California (except as noted above). I tried to search Maryland’s Code, but couldn’t find it for free (darn page wouldn’t load). So I googled, and discovered that you, **commasense** , better not commit adultery. Because in Maryland, [it’s a misdemeanor](http://www.peoples-law.org/family/Unmarried%20Cohabs/cohabs%20legal%20status%20-%20wlc.htm#adultery). So unless you have the $10 for the fine, don’t do it. For extra credit, [here](http://www.washingtonpost.com/wp-dyn/articles/A62581-2004Sep4.html) is an article about John Bushey, who last year accpeted a plea bargain rather than being convicted of adultery in Virginia. (Beware – the article is a bit purple.) According to the article, adultery is still illegal in 23 states (and, as its author notes, in Islamic countries – uh, relevance?). ---
**Author:** ![ouryL](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ouryl/32/6067_2.png) [@ouryL](https://boards.straightdope.com/u/ouryL)\ **Post date:** [May 3, 2005, 6:14am UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/5 "2005-05-03T06:14:26Z")
> [@commasense](#): > > A friend of mine, who was trained as a lawyer (but no longer practices), asserted in a recent conversation that adultery is illegal in all 50 states. Is this true? > > I suppose that this means that in such places, adultery is technically illegal, but clearly such laws are rarely if ever enforced these days. Is there a special legal designation for acts that are only illegal according to ancient, obsolete laws? Does such neglect of enforcement ever have the (real legal) effect of repealing the laws? > > (Idle inquiry: anyone know when/where the last adultery trial was held?) California, Hawaii, Nevada, Oregon, and Washington did not havre any laws on adultery or fornication, if my memory is correct. ---
**Author:** ![Zabali\_Clawbane](https://avatars.discourse-cdn.com/v4/letter/z/ecd19e/32.png) [@Zabali\_Clawbane](https://boards.straightdope.com/u/Zabali_Clawbane)\ **Post date:** [May 3, 2005, 6:28am UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/6 "2005-05-03T06:28:47Z")
IIRC, it’s illegal in Texas to “cohabitate” with a person of the opposite sex if you aren’t married to them,\* so it wouldn’t surprise me much to find out that all 50 states still have laws against adultery on the books. \*[SUB]Yes, they mean live under the same roof, I don’t know how strictly they apply it or not, I’m assuming as in “shacking up” not a roommate situation, but you never know. [/SUB] ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [May 3, 2005, 1:42pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/7 "2005-05-03T13:42:20Z")
Here is a handy chart. [http://www.mcwilliams.com/books/aint/505.htm](http://www.mcwilliams.com/books/aint/505.htm) ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [May 3, 2005, 1:51pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/8 "2005-05-03T13:51:09Z")
> [@Gfactor](#): > > Here is a handy chart. > > [Mcwilliams.com](http://www.mcwilliams.com/books/aint/505.htm) Note that in the wake of [Lawrence v Texas](http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-102) the linked chart is out of date. Sodomy is legal in all 50 states (although the UCMJ still lists it and AFAIK it still stands because of the deference given by the courts to the military to police itself). While it has not been argued, the same logic that holds in _Lawrence_ (and note this is not GD so yet another debate on the logic of _Lawrence_ is uncalled for) would seem to invalidate adultery laws as well. Adultery is IIRC a class E felony in Wisconsin. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [May 3, 2005, 1:54pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/9 "2005-05-03T13:54:26Z")
> [@Otto](#): > > Adultery is IIRC a class E felony in Wisconsin. Is that anything like the old “E” ticket rides at Disneyland? 😃 ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [May 3, 2005, 2:32pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/10 "2005-05-03T14:32:13Z")
> [@Otto](#): > > Note that in the wake of [Lawrence v Texas](http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-102) the linked chart is out of date. Sodomy is legal in all 50 states (although the UCMJ still lists it and AFAIK it still stands because of the deference given by the courts to the military to police itself). While it has not been argued, the same logic that holds in _Lawrence_ (and note this is not GD so yet another debate on the logic of _Lawrence_ is uncalled for) would seem to invalidate adultery laws as well. > > Adultery is IIRC a class E felony in Wisconsin. 1. Agreed that the chart is out of date re sodomy. 2. Not so sure that _Lawrence_’s logic applies to adultery, but won’t debate it here. 3. Whether the Supremes (or state courts) will ultimately find adultery laws unconstitutional, people are still sometimes prosecuted for violating them, e.g, [http://www.washingtonpost.com/wp-dyn/articles/A62581-2004Sep4.html](http://www.washingtonpost.com/wp-dyn/articles/A62581-2004Sep4.html) 1. So it is a fair question to ask which states still have those laws on their books. Here is a good article about adultery laws, although it predates Lawrence. [http://slate.msn.com/id/1063/](http://slate.msn.com/id/1063/) ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [May 3, 2005, 2:40pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/11 "2005-05-03T14:40:10Z")
> [@Otto](#): > > Note that in the wake of [Lawrence v Texas](http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-102) the linked chart is out of date. Sodomy is legal in all 50 states (although the UCMJ still lists it and AFAIK it still stands because of the deference given by the courts to the military to police itself). While it has not been argued, the same logic that holds in _Lawrence_ (and note this is not GD so yet another debate on the logic of _Lawrence_ is uncalled for) would seem to invalidate adultery laws as well. I agree with this – although _Lawrence_ is not directly on point, a reasonable reading of its rationale would suggest that adultery laws now violate the Constitution. Virginia’s legislative committee responsible for the update of laws in such circumstances has decided, at least this session, not to strike the laws. Their reasoning is unclear to me. ---
**Author:** ![charizard](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/charizard/32/4166_2.png) [@charizard](https://boards.straightdope.com/u/charizard)\ **Post date:** [May 3, 2005, 2:50pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/12 "2005-05-03T14:50:22Z")
> [@Zabali\_Clawbane](#): > > IIRC, it’s illegal in Texas to “cohabitate” with a person of the opposite sex if you aren’t married to them,\* so it wouldn’t surprise me much to find out that all 50 states still have laws against adultery on the books. > > \*[SUB]Yes, they mean live under the same roof, I don’t know how strictly they apply it or not, I’m assuming as in “shacking up” not a roommate situation, but you never know. [/SUB] This is not true. Please check facts before posting. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [May 3, 2005, 2:58pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/13 "2005-05-03T14:58:50Z")
> [@silenus](#): > > Is that anything like the old “E” ticket rides at Disneyland? If it ain’t then you ain’t doin’ it right. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [May 3, 2005, 3:01pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/14 "2005-05-03T15:01:42Z")
> [@Gfactor](#): > > 1. So it is a fair question to ask which states still have those laws on their books. I didn’t say the question wasn’t fair. I said that the answer you provided contained, post-Lawrence, numerous factual errors (and in fact was incorrect pre-Lawrence; note that your chart doesn’t list Texas as having a sodomy law). ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [May 3, 2005, 3:26pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/15 "2005-05-03T15:26:53Z")
> [@Otto](#): > > note that your chart doesn’t list Texas as having a sodomy law Hey. You’re right! 😃 OTOH, many states still have adultery statutes on their books, and some are enforcing them. For instance, in North Dakota, in 2005, a state court judge held the state’s adultery statute unconstitutional, but not on the basis of _Lawrence_. > [@](#): > > Racek **said the state has a right to protect the institution of marriage and to make adultery illegal** , but he said the law discriminates by allowing prosecution only if a spouse complains and by granting certain people immunity. [http://www.sodomylaws.org/usa/north\_dakota/ndnews002.htm](http://www.sodomylaws.org/usa/north_dakota/ndnews002.htm) (emphasis added) The article notes that the last known prosecution was 80 years ago, which suggests another defense: [Desuetude](http://en.wikipedia.org/wiki/Desuetude) ---
**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\ **Post date:** [May 3, 2005, 3:34pm UTC](https://boards.straightdope.com/t/adultery-is-illegal/302184/16 "2005-05-03T15:34:44Z")
> [@Campion](#): > > So I googled, and discovered that you, **commasense** , better not commit adultery. Because in Maryland, [it’s a misdemeanor](http://www.peoples-law.org/family/Unmarried%20Cohabs/cohabs%20legal%20status%20-%20wlc.htm#adultery). So unless you have the $10 for the fine, don’t do it. Too late! 😃 I hope the statute of limitations has run out. It was a loooooonnnnnng time ago. Thanks for all the good info, folks. I had a feeling the claim was hyperbole. Particular thanks to **Gfactor** for the McWilliams link. _Ain’t Nobody’s Business If You Do_ was one of the most influential books in shaping my world view, and that of at least one other person I gave it to.