# Last convicted adulterer? **URL:** \ **Category:** Factual Questions\ **Created:** [October 27, 2006, 9:00pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169 "2006-10-27T21:00:30Z")\ **Posts on this page:** 18\ **Page:** 1
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [October 27, 2006, 9:00pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/1 "2006-10-27T21:00:30Z")
How many states in the union still have laws criminalizing adultery on the books? When/who was the last person actually convicted of adultery\*? \*Excluding members of the Armed Forces. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [October 27, 2006, 9:02pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/2 "2006-10-27T21:02:00Z")
We had someone convicted of adultery in Virginia (on a guilty plea) just this year. ---
**Author:** ![robardin](https://avatars.discourse-cdn.com/v4/letter/r/43a26b/32.png) [@robardin](https://boards.straightdope.com/u/robardin)\ **Post date:** [October 27, 2006, 9:09pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/3 "2006-10-27T21:09:04Z")
[QUOTE=alphaboi867] \*Excluding members of the Armed Forces. [/QUOTE] Just wondering why this disclaimer was necessary. Are you telling me that one can be court martialed in the US Armed Forces for adultery? (Actually, didn’t that happen in a fairly well publicized case a few years back with a Muslim chaplain?) ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [October 27, 2006, 9:14pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/4 "2006-10-27T21:14:28Z")
[QUOTE=robardin] Just wondering why this disclaimer was necessary. Are you telling me that one can be court martialed in the US Armed Forces for adultery? (Actually, didn’t that happen in a fairly well publicized case a few years back with a Muslim chaplain?) [/QUOTE] The military has some fraternization rules that can be taken rather strictly when they want to. They really don’t like it when people at different ranks are sleeping with each other (or even less than that) and it can be very bad if either of them or married. They are more likely than the civilian world to pursue this type of thing. ---
**Author:** ![FormerMarineGuy](https://avatars.discourse-cdn.com/v4/letter/f/65b543/32.png) [@FormerMarineGuy](https://boards.straightdope.com/u/FormerMarineGuy)\ **Post date:** [October 27, 2006, 9:15pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/5 "2006-10-27T21:15:17Z")
[QUOTE=robardin] Just wondering why this disclaimer was necessary. Are you telling me that one can be court martialed in the US Armed Forces for adultery? (Actually, didn’t that happen in a fairly well publicized case a few years back with a Muslim chaplain?) [/QUOTE] Yes, I have seen it many times. It is a chargable offense under the UCMJ (Uniformed Code of Military Justice). The reason I have always been given is it is to keep unit morale high (men having sex with other guys wives while deployed, etc.), but I have seen it prosecuted in many other situations. Example: A guy (active-duty enlisted) was separated from his wife for a year and a half and they were finally pending divorce. The wife was dating/having sex with another guy (they were pending divorce, who cares), and the guy was seeing someone else. He had sex with her, something happened, BAM, he gets charged with adultery. However, it is usually not the only charge. It tends to be added on to other charges. By the way, oral sex (sodomy) is chargable also in the US armed forces. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [October 27, 2006, 9:17pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/6 "2006-10-27T21:17:18Z")
[QUOTE=robardin] Just wondering why this disclaimer was necessary. Are you telling me that one can be court martialed in the US Armed Forces for adultery? (Actually, didn’t that happen in a fairly well publicized case a few years back with a Muslim chaplain?) [/QUOTE] [http://usmilitary.about.com/od/justicelawlegislation/a/adultery.htm](http://usmilitary.about.com/od/justicelawlegislation/a/adultery.htm) ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [October 27, 2006, 9:17pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/7 "2006-10-27T21:17:25Z")
[QUOTE=Shagnasty] The military has some fraternization rules that can be taken rather strictly when they want to. They really don’t like it when people at different ranks are sleeping with each other (or even less than that) and it can be very bad if either of them or married. They are more likely than the civilian world to pursue this type of thing. [/QUOTE] [True dat.](http://www.washingtonpost.com/wp-dyn/content/article/2005/08/10/AR2005081001814.html) ---
**Author:** ![FormerMarineGuy](https://avatars.discourse-cdn.com/v4/letter/f/65b543/32.png) [@FormerMarineGuy](https://boards.straightdope.com/u/FormerMarineGuy)\ **Post date:** [October 27, 2006, 9:25pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/8 "2006-10-27T21:25:31Z")
[QUOTE=Gfactor] [http://usmilitary.about.com/od/justicelawlegislation/a/adultery.htm](http://usmilitary.about.com/od/justicelawlegislation/a/adultery.htm) [/QUOTE] Very good cite. I forgot to mention the exact article in the UCMJ, which is Article 134, referred to by the military by many different names. It is best known as the ‘Catch-All’. Basically anything that goes against good order and discipline in the military could be found in this Article. From the site: > [@](#): > > Adultery in the military is actually prosecuted under Article 134, which is also known as the “General Article.” Article 134 simply prohibits conduct which is of a nature to bring discredit upon the armed forces, or conduct which is prejudicial to good order and discipline. > There are three “Elements of Proof” for the offense of Adultery in the Military: > 1)That the accused wrongfully had sexual intercourse with a certain person > 2)That, at the time, the accused or the other person was married to someone else > 3)That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. Numbers 2 and 3 are the easy parts. Someone is married or not married. Everything is prejudice to good order and discipline. But the link you provided does say: > [@](#): > > Element #3, in many cases, can be the most difficult item to prove. The government must show that the individual’s conduct had some direct negative impact on the military. This normally would include cases of fraternization (officer & enlisted) or a relationship with another military member, or a military spouse. I don’t believe this at all. Just my opinion. Proof is not so easy. However, is someone is willing to testify that they had sex, that would probably (from what I have seen) constitute proof. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [October 27, 2006, 9:48pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/9 "2006-10-27T21:48:50Z")
Just had a US Army Sergeant convicted and jailed by a civilian court in South Korea for “obtaining sex under the promise of marriage.” I don’t recall if he was also convicted of adultery. My train’s leaving in a few minutes so I can’t search for the report. Will do so tonight. ---
**Author:** ![FormerMarineGuy](https://avatars.discourse-cdn.com/v4/letter/f/65b543/32.png) [@FormerMarineGuy](https://boards.straightdope.com/u/FormerMarineGuy)\ **Post date:** [October 27, 2006, 9:52pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/10 "2006-10-27T21:52:51Z")
[QUOTE=Monty] Just had a US Army Sergeant convicted and jailed by a civilian court in South Korea for “obtaining sex under the promise of marriage.” I don’t recall if he was also convicted of adultery. My train’s leaving in a few minutes so I can’t search for the report. Will do so tonight. [/QUOTE] Looks like [adultery to me.](http://www.military.com/features/0,15240,83742,00.html) > [@](#): > > A U.S. soldier admitted in Korean court Wednesday that he had cheated on his wife and promised to marry his girlfriend in return for a sexual relationship, both crimes under Korean law. However, if you read it, it seems he was prosecuted under South Korean law, not the UCMJ. ---
**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\ **Post date:** [October 27, 2006, 10:13pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/11 "2006-10-27T22:13:23Z")
[James Yee got himself convicted for adultery in 2004](http://www.msnbc.msn.com/id/4582481/), after the espionage charges were dropped. He later got the [adultery charge overturned on appeal.](http://seattlepi.nwsource.com/local/169156_yee15.html) ---
**Author:** ![FormerMarineGuy](https://avatars.discourse-cdn.com/v4/letter/f/65b543/32.png) [@FormerMarineGuy](https://boards.straightdope.com/u/FormerMarineGuy)\ **Post date:** [October 27, 2006, 10:40pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/12 "2006-10-27T22:40:19Z")
[QUOTE=Squink] [James Yee got himself convicted for adultery in 2004](http://www.msnbc.msn.com/id/4582481/), after the espionage charges were dropped. He later got the [adultery charge overturned on appeal.](http://seattlepi.nwsource.com/local/169156_yee15.html) [/QUOTE] But he was in the military, and I am sure he was not the last person in the military to be convicted of adultery. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [October 27, 2006, 11:06pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/13 "2006-10-27T23:06:24Z")
[QUOTE=Bricker] We had someone convicted of adultery in Virginia (on a guilty plea) just this year. [/QUOTE] Getting back to the OP and not a discussion of what the OP specifically excluded, would you please supply some details on this? ---
**Author:** ![FormerMarineGuy](https://avatars.discourse-cdn.com/v4/letter/f/65b543/32.png) [@FormerMarineGuy](https://boards.straightdope.com/u/FormerMarineGuy)\ **Post date:** [October 27, 2006, 11:14pm UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/14 "2006-10-27T23:14:45Z")
[QUOTE=hajario] Getting back to the OP and not a discussion of what the OP specifically excluded, would you please supply some details on this? [/QUOTE] [Here is one from 2003 in Virginia](http://www.sodomylaws.org/usa/virginia/vanews123.htm) [Here is the 2004 Appeal](http://www.sodomylaws.org/usa/virginia/vanews139.htm) Not sure if this is what was mentioned with the Virginia case. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [October 28, 2006, 2:14am UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/15 "2006-10-28T02:14:19Z")
[QUOTE=FormerMarineGuy] Looks like [adultery to me.](http://www.military.com/features/0,15240,83742,00.html) It was both adultery and obtaining sex under the pretense of marriage, both crimes under South Korean law. [qutope]However, if you read it, it seems he was prosecuted under South Korean law, not the UCMJ. [/QUOTE] That’s exactly what I said. Thanks for the link! ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [October 29, 2006, 6:05am UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/16 "2006-10-29T06:05:09Z")
Florida Statute 798.01 is still on the books; adultery in Florida is a second-degree misdemeanour. The last conviction for a violation of this year was just last month. It should be noted that the conviction came as a result of a plea bargain; the original charge was bigamy, which is a third-degree felony. ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [October 29, 2006, 6:22am UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/17 "2006-10-29T06:22:24Z")
[QUOTE=FormerMarineGuy] [Here is one from 2003 in Virginia](http://www.sodomylaws.org/usa/virginia/vanews123.htm) [Here is the 2004 Appeal](http://www.sodomylaws.org/usa/virginia/vanews139.htm) [/QUOTE] It’s too bad he backed down; it would have been fascinating to see how the appeal turned out. But I can’t say I blame him for wanting to have the whole situation over and done with. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [October 29, 2006, 9:21am UTC](https://boards.straightdope.com/t/last-convicted-adulterer/378169/18 "2006-10-29T09:21:47Z")
**Wisconsin statutes:** **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.