Adultery laws have been presented since the Old Testament
that stemmed from the concept of “adulterating” or polluting the bloodline of a
family when a married woman had sex with someone other than her husband and ran
the risk of having another man’s child. Today adultery is still a criminal act
but possibility of a guilty person going to jail for this criminal act is
doubtful. There are still 23 states that acknowledge adultery as a crime. Some
states consider it a misdemeanor such as New York but others such as Idaho or
Michigan consider adultery as a felony. Conviction of this crime results in a
$500 fine and up to 30 days in jail. Even though many states have eliminated
their laws regulating cohabitation, homosexual sodomy and fornication, adultery
still remains on the books as law. Many argue that if these sexual acts have
been removed from law, adultery should be too. Committing the crime of adultery
only seems to stand during divorce and custody hearings. If adultery were
removed from law books there would not be any consequences for many of the
cases in the courts for divorce. If one party can prove that the other party
committed adultery then it is proving that that party is a criminal because
they violated their marriage, which is a legal contract.
http://www.nytimes.com/2012/11/15/us/adultery-an-ancient-crime-still-on-many-books.html
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