In Five States it's a Felony to Cheat on Your Spouse

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You know at least one married person who has cheated and at least one married person who has been cheated on by their spouse. We all do.

Maybe it's you in one of the scenarios.16 states still have a law on the books making infidelity in marriage a crime.

The majority of states with an adultery law define the act of cheating as sexual intercourse between a married person and someone other than their spouse, according to Woman's Day.

Even though we don't hear of jail time anymore for such "criminal" acts, straying from your spouse can still legally get you arrested and behind bars IF a judge decides to do so.

According to The Week website, while European countries once had anti-adultery laws on the books as well, almost all were repealed in the 1970s and '80s but not here in America.

Here's the full list of states where it's still illegal to cheat on your spouse, according to Woman's Day.

  • Arizona
  • Florida
  • Kansas
  • Illinois
  • Massachusetts
  • Oklahoma
  • Idaho
  • Michigan
  • Wisconsin
  • Minnesota
  • Utah
  • Mississippi
  • Georgia
  • South Carolina
  • North Carolina
  • Maryland

According to The Week, while most states just consider this a misdemeanor, it's a felony in Idaho, Massachusetts, Michigan, Oklahoma, and Wisconsin.

A misdemeanor means up to three months in jail plus a fine and a felony could land you in prison for up to three years.

In Maryland, it's just a $10 fine and no jail time.

Sleeping around in the city that never sleeps, New York, as well as anywhere else in the Empire State, ended in November of 2024 after 117 years.

By the way, what happens if you're married in a state where this law isn't on the books, making it legal to cheat, yet you cheat in one of the states where it's still against the law?

Hmm, I guess it depends on how good your lawyer is.

The last conviction of adultery in the country was in Massachusetts in 1983, according to Wikipedia's cited source. It seems that cheating spouses are usually just taken to the cleaners, but the option to have your spouse arrested is a legal option.

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