Is Adultery a Crime?

While stability in relationships, particularly in marriage, is valued by all, there are moments when the passion between two fades, and one partner may feel a strong desire for something new outside the bonds of marriage. When someone has an affair, it deeply hurts the other person, who becomes the victim of cheating. But is adultery a crime, or is it simply a risky temptation fueled by love and passion? Where do we balance personal freedom with societal norms?

In this review, let’s dive into this timeless debate about love, loyalty, and the law.

In What States Is Adultery a Crime?

Is adultery a crime? In what states is adultery illegal? Let’s explain it to you.

Adultery is classified as a law offense in the following 18 states:

New York
Arizona
Florida
Mississippi
Kansas
Wisconsin
Maryland
North Carolina
North Dakota
Rhode Island
Michigan
Illinois
Oklahoma
South Carolina
Alabama
Virginia
Wisconsin
Puerto Rico

Can you go to jail for cheating on your spouse? Possibility exists. But how is adultery punished? Here’s info on how it is performed in several states:

Florida: Due to the Florida Statutes’ Section 798.01, adultery is considered to be a second-degree misdemeanor. It has a strong punishment of $500 fine and 60 days in jail. Nevertheless, prosecutions happen rarely, especially because of difficulties in backing up an extramarital affair.
Illinois: In this state, adultery is a crime classified as a Class A misdemeanor. If one of the spouses is caught in sexual activity, they will be punished with 1 year in jail and a $2,5K fine. However, similar to Florida, this constitutional law is rarely implemented.
Mississippi: If your spouse has been unfaithful, you might consider citing adultery as grounds for divorce proceedings. However, there is no specific fine imposed for adultery. Prosecutions are extremely rare, and fines, if any, would depend on the discretion of the Supreme Court if a case were to be pursued.

Is Adultery Still a Crime in New York State?

Well, is adultery a crime in New York? According to the NY Times 2024 report, “adultery has been illegal in New York since 1907, but state governments seem poised to repeal the antiquated law”. The New York State Senate voted for repealing the crime of adultery in March 2024. A Senate committee moved a matching bill to the floor for a total vote, and in April 2024, the bill passed Assembly and Status. It’s on its way to be delivered to the Governor and, lately, signed by it.

Of course, this state law change has received global attention. In the interview with Charles Lavine, the Assembly bill’s sponsor, we can read the following lines: “I’m Proud that my bill to repeal an archaic law criminalizing adultery in NY is literally getting global attention! Among the countries covered so far are Canada, Chile, France, India, Kenya, New Zealand, Nigeria, South Africa, and the UK. I’m looking forward to Senate passage next.”

Although committing adultery is still illegal in 18 states, the majority of states either repealed adultery law punishments long ago or never made adultery illegal in the first place:

The District of Columbia
Massachusetts
New Hampshire
Colorado
Idaho
Utah
West Virginia

Can You Be Punished for Adultery in NY?

According to the NY Penal Code, Section 255.17, “A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.” Adultery is a Class B misdemeanor, meaning it can result in up to 90 days in jail and a $500 fine.

Is Charles Lavin only reforming the law, or is he also protecting individual rights and privacy? Despite the fact that these laws are practically not enforced, they still affect society, especially women. Getting rid of them is seen as a way to protect personal freedom. Even though New York is slow to update its marriage and sex laws, does the fact that adultery is not a crime indicate that people are leaning towards modern values and respecting personal freedom more?

How Do You Prove Adultery During a Divorce Trial?

In states where adultery is considered a crime, it is challenging to prove it during the divorce trial. If your spouse is having an affair, saying that they have had adultery in court is not enough for conviction. It requires evidence and, often, the assistance of legal professionals.

You should gather proof (photos, videos, credit card statements, eyewitness testimonies, etc.) to back up adultery. In places where adultery is punishable, people don’t usually end up in jail for it. However, it can cause big problems in divorces, like who gets what or who gets custody of the kids.

Possible Ways to Gather Evidence If You Feel That Your Spouse Is Unfaithful

If your guts tell you something is wrong in your marital relationship, and you want to check or even catch a cheating spouse, the following methods may assist you with it.

SpyBubble Spy App Is Your Best Investigative Partner

If you want to detect whether your partner has an extramarital affair or not, install the SpyBubble app on their Android or iOS cell phone or tablet. The app will track their calls, text messages, social media activity, web browser history, real-time location, intstalled apps, and contact book, and even give you full access to their Instagram and Facebook (option available for iOS) with the ability to respond to DMs, leave comments, likes, etc.

As for Android devices, the tool will provide you with regular 5-minute screenshot reporting, meaning no important data will go unnoticed.

Want to test the tool before purchasing it? Sure. You can test it with a 2-day trial for $1. Is it illegal to spy on your spouse with SpyBubble? Similarly to any cell phone tracker, you must first get consent from your spouse to track their activity. Nevertheless, it shouldn’t be an issue if they have nothing to hide, but if they object, it could be a warning sign.

Track Their Whereabouts Using Location Tracking

Another alternative to the SpyBubble solution is using a location tracking service. Here’s a quick guide on how to use it for Android and iOS.

Take your spouse’s Android device and add your gmail address to their Google contacts (if they haven’t done it already).
Open the Google Maps app.
Tap their profile picture and choose “Location sharing” and “New Share”.
Choose how long you want their whereabouts to be shared with you.
Tap yourself from their list of contacts.
Choose “Share”.

Keep in mind that your spouse might realize if you’re tracking them and can turn off their location sharing at any time. Therefore, asking for their permission before accessing their location is crucial.

Install a GPS Tracking Device on Their Car

Installing a GPS tracker on their car can also help. But if you want them to not know you’re tracking them, install it under their car dashboard, where signals can be easily transported.

Remember that GPS signals can pass through materials like plastic, wood, glass, and fiberglass but not through metal. Therefore, ensure you position the tracker away from electronic devices in the car.

Spy on a Cheating Partner via Recording Devices

Recording devices can be like a fly on the wall when you suspect cheating, helping you gather evidence quietly. Whether it’s a hidden camera or a voice recorder, these tools let you see what your partner is up to when you’re not there. However, if you want to know the answer to “Is cheating a crime?”, check the US family law.

Hire a Detective

Nothing helps? Opt for professional assistance by hiring a detective. A private investigator can provide expertise and resources to uncover the truth and clarify difficult situations. However, bear in mind that this option can be expensive.

Wrapping Up

Nobody deserves to experience adultery, regardless of whether they are married for one month, year, or 20 years. It’s painful in any case. Although more and more states are gradually refusing to punish married couples for adultery, you can administer your justice and gather all the required evidence through the methods discussed in this review. Love and appreciate yourself, and never let anyone mistreat you.

By joseph-nelson

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