What state can you go to jail for adultery?
Asked by: Malika Christiansen | Last update: January 24, 2026Score: 4.6/5 (53 votes)
Today, adultery laws are mostly found in the conservative southern states. In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 13 states along with Puerto Rico criminalize it as a misdemeanor.
In what states is adultery a crime?
Adultery is also a misdemeanor in Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Maryland, New York, North Carolina, North Dakota, Rhode Island, South Carolina and Virginia.
What is the punishment for adultery in the USA?
In USA, laws vary from state to state. Although rarely prosecuted, but adultery is still on the statute books and penalty may vary from a fine of few dollars to even life sentence. But in US military, it is an impending court-martial crime.
Can you go to jail for adultery in Florida?
The potential penalty for committing adultery, under Florida Statute §798.082, is being convicted of a designated misdemeanor and being sentenced to a definite term of imprisonment not exceeding 60 days and/or, under Florida Statute § 798.083, a fine of up to $500.
Can you go to jail for adultery in Virginia?
Although there is a criminal statute in the Virginia Code that makes adultery a misdemeanor, it is probably unconstitutional. It is not enforced. No cheating spouses are sent to jail for infidelity in Virginia.
16 States where you can go to jail for adultery ~ Is your state on the list?
Is adultery a crime in North Carolina?
Although adultery is considered a misdemeanor criminal offense under North Carolina law, the primary reason that many spouses want to prove adultery does not have to do with criminal charges.
Can text messages prove adultery in Virginia?
Adultery can be proven using circumstantial evidence. What type of evidence might suffice to prove adultery? Your spouse's own statements, in text messages or e-mails, would potentially be powerful evidence as to whether he or she had sex with the new person.
Can you go to jail for adultery in Georgia?
What is the typical punishment for adultery in Georgia? As a misdemeanor crime, adultery is punishable by law with up to a year in jail and a $1,000 fine.
Can you go to jail for adultery in New York?
Adultery is no longer illegal in New York : NPR. Adultery is no longer illegal in New York It was considered a Class B misdemeanor, which carries a jail sentence of up to three months.
Is adultery a crime in Arizona?
Arizona law classifies adultery as a class 3 misdemeanor. However, it's only prosecuted if the adulterer's spouse files a complaint. Penalties for a class 3 misdemeanor include up to 30 days in jail and fines of up to $500.
Is adultery a crime in Texas?
Adultery is not a crime in Texas, but it can influence divorce settlements. Infidelity can affect property division, spousal support, and child custody. Clear and convincing evidence is required to prove adultery in court.
Can you go to jail for adultery in California?
There are no direct legal consequences of committing adultery in California. In other words, adultery is not punishable by law or as a tort in this state. However, military personnel in California may be court-martialed for committing adultery under Article 134 of the Uniform Code of Military Justice.
Is adultery a crime in Tennessee?
While adultery is not considered a crime in Tennessee, it is grounds for divorce and can affect alimony or property division. Tennessee laws define adultery as voluntary sexual relations with anyone other than a spouse. Adultery is grounds for divorce in Tennessee (Tenn.
In what states can you sue your spouse for cheating?
[2] The states other than North Carolina in which “homewrecker lawsuits” can be brought are Hawaii, Mississippi, New Mexico, South Carolina, and Utah.
What is the difference between infidelity and adultery?
Infidelity, or cheating, is the act of being either emotionally or physically unfaithful to a spouse or partner, and breaking a commitment or promise during the act. Adultery is engaging in physical, sexual activity, and may be considered a criminal offense and grounds for divorce in certain places.
Can you go to jail for cheating on your spouse in the military?
You could face imprisonment for a period of up to 12 months in a military brig.
How many states is adultery a felony?
In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 13 states along with Puerto Rico criminalize it as a misdemeanor.
Is adultery illegal in Florida?
Although not specifically defined in Florida law, courts generally define adultery as voluntary sexual intercourse between a married person and someone other than that person's spouse. Adultery is a crime in Florida, so the state could prosecute you for the misdemeanor if your spouse catches and reports you.
What qualifies as adultery?
Adultery is a form of extramarital sexual intercourse between a married person and a person who is not a party to the marriage .
Can you go to jail for adultery in Alabama?
Yes. Under Ala. Code § 13A-13-2, adultery is a Class B misdemeanor. These days, however, it's unlikely that this law is often (if ever) enforced.
Is adultery a crime in Kentucky?
Is adultery a crime in Kentucky? The short answer to this question is no. Adultery is not a crime in Kentucky. Because Kentucky is a no-fault divorce state, cheating doesn't automatically entitle one spouse to a “better” divorce settlement or additional support / maintenance, either.
Can you go to jail for adultery in Ohio?
A person is not penalized by the Court for engaging in Adultery.
Is adultery a crime in Maryland?
Maryland law prohibits adultery. Adultery is a misdemeanor offense punishable by a $10 fine; however, prosecutions for adultery are rare.
What evidence is needed for adultery?
The sexual act must be established through evidence, and the intercourse must occur between the married woman and a man other than her husband. Circumstantial evidence, such as love letters, photographs, or public displays of affection, is not enough to prove adultery. Concrete evidence of the sexual act is required.
Is it illegal to look at your spouse's text messages?
The Electronic Communications Privacy Act (ECPA) is a federal law that makes it a crime to access someone else's private communications without permission. It covers cell phones, computer use, email, social media accounts, and other types of electronic communications.