Infidelity is a Felony

Infidelity is a Felony. There are still 21 states where adultery is a crime. In most states, adultery is defined as having sexual relations with someone other than your spouse while you are married. 

Infidelity is a Felony
Infidelity is a Felony

While adultery is still a crime in some states, it is considered a misdemeanor in the majority. Adultery is still a crime in the following states:

Adultery, however, is a felony in several states, including:

  1. Idaho
  2. Michigan
  3. Wisconsin
  4. Massachusetts
  5. Oklahoma 


A misdemeanor offense of adultery has been retained under the Alabama Criminal Code as a Class B misdemeanor. A person commits adultery when he or she engages in sexual relations with another person who is not his spouse and lives in cohabitation without that other person when they are both married.

According to this law, adultery could be punished by up to six months in jail and fines of up to $3,000. In Alabama, there is a one-year statute of limitations for the prosecution of adultery, and it is almost never prosecuted.


A misdemeanor, ARS 13-1408 is considered adultery in Arizona under Arizona Revised Statutes. There is a maximum penalty of 30 days in jail, a fine of $500, and one year of probation for Class 3 misdemeanors in Arizona.

Currently, it appears that this law is not being enforced. An attempt by a husband to get the police to enforce this law gained some attention in 2012. His wife allegedly cheated on him seven to eight times. Eventually, he managed to get the police to contact his wife after much effort.


Colorado’s legislature repealed its anti-adultery law on March 22, 2013, according to the Denver Post. A law that provided a hotel room for unmarried people to have sex was also repealed because it contributed to “sexual immorality.”


A person who lives in open adultery is committing a second-degree misdemeanor under Florida statute 798.01.

A person who lives in an open state of adultery is guilty of a misdemeanor of the second degree, punishable”. In the case of open adultery involving two married parties, both married parties shall be deemed to be guilty of the offense described in this section.”

It could lead to a jail sentence of up to 60 days and a fine of up to $500 if prosecuted.


A married person commits adultery when he voluntarily engages in sexual relations with someone other than his spouse. “According to title 16, chapter 9, section 9 of the Georgia code of criminal conduct”.

Georgia law punishes adultery with up to a year in jail and a $1,000 fine as a misdemeanor.


Since 1972, adultery has been considered a felony in Idaho. This law is rarely enforced in Idaho, as it is in many other states. Back in 2016, there were reports that lawmakers had been involved in extramarital affairs, which got some attention.

Under Idaho Code Section 18-6610, an adultery conviction could result in a three-year prison sentence and a fine of up to $1,000.


A class A misdemeanor of adultery is defined by Illinois Criminal Code section 11-35, which states “A person commits adultery if they have sexual relations with someone other than their spouse, if the behavior is open and famous, (1) they are married and know that the other person involved in such intercourse is not their spouse; or (2) they are not married and know that the other person involved in such intercourse is married.”

It could result in a year in prison and a $2,500 fine if prosecuted.


In Kansas, adultery is defined as engaging in sexual relations or sodomy with a person who is not married to the offender, if either the offender or the other party is married. Adultery with criminal intent in Kansas is classified as a Class C misdemeanor.

A Class C misdemeanor in Kansas is the least serious type of offense and is punishable by up to one month in jail and a $500 fine.


There is a penalty of $10.00 for adultery in Maryland, and it is considered a misdemeanor.


According to Section 14 of Chapter 272, adultery is a felony in Massachusetts:

The act of a married person having sexual relations with someone who is not his spouse or an unmarried person having relations with a married person.

In Massachusetts, adultery may be punished by imprisonment in state prison for not more than three years or imprisonment in jail for not more than two years, or by a fine of not more than $500.

According to the Massachusetts Supreme Judicial Court, the statute has “fallen into a very comprehensive desuetude, “6 so it cannot be dismissed as anachronistic. Commonwealth v. Stowell, 389 Mass. 171, 176 (1983), was the last prosecution under this statute over 30 years ago.


The Michigan Compiled Laws define adultery as the sexual interplay between two people, one of whom is married to another. Adultery is a felony-level offense in Michigan, but the spouse victimized by the adultery must file a criminal complaint within one year of the offense to be prosecuted.

The maximum sentence for a conviction in Michigan is four years in prison and $5,000 in fines.


According to Minnesota Statute 609.36, adultery occurs when a married woman has sexual relations with a man other than her husband.

A conviction can result in imprisonment for not more than one year or a fine not exceeding $3,000.

After one year from the date of the offense, no prosecution shall be brought under this statute except on a complaint by the husband or wife.


According to Mississippi Code Section 97-29-1. If a man and woman unlawfully cohabit, either in adultery or fornication, they are breaking the law.

Their fines cannot exceed five hundred dollars each, and they cannot serve more than six months in county jail if prosecuted.


There are severe penalties for traitors here, including 500 dollars in fines and five years in prison! This will deter anyone!

Wisconsin: Infidelity is a Felony

It is better for traitors to be rich here. There is a $10,000 fine and a two-year prison sentence for adultery, which is a Class I Felony.

Read also: How to prove Bigamy in Texas?; Bigamy meaning; States Where Adultery is Illegal in US;Adultery Laws in Florida: is it illegal?

External resource: Wikipedia

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