Though you'd never know it by the rampant affairs, cheating on your spouse is still illegal in many parts of the country. Most states with an adultery law define the act of cheating as sexual intercourse between a married person and a person other than their spouse, but the punishments for this act vary greatly depending on the location. Here are 16 states where you can get cheaters fined and even locked up.
1. Arizona
Getting it on with someone other than your spouse is a Class 3 misdemeanor here, punishable by up to 30 days behind bars. And not only will the spouse be penalized but also the other person (now that's justice!).
2. Florida
In a place where bathing suits are the dress code, how can eyes not wander? Still, he should keep his hands to himself: Floridian adulterers can spend up to two months in jail and be charged up to $500.
3. Kansas
"Intercourse or sodomy" with someone other than your spouse is a Class C misdemeanor here, punishable by up to a month in jail and a fine of up to $500. Remember, Kansas couples: There's no place like home.
4. Illinois
Frank Sinatra probably wouldn't consider Chicago "His Kind of Town" if he knew about this state law. The consequences for adultery in Illinois is up to a year in jail for both cheaters.
5. Massachusetts
Straying in the Bay State is a wicked bad idea. It's considered a felony with a fine of up to $500 and a jail sentence of up to three years.
6. Oklahoma
If Oklahoma native Dr. Phil's anti-cheating advice doesn't persuade him, perhaps this will: Not only do adulterers face fines of up to $500 but also incarceration for up to five years.
7. Idaho
The penalty for cheating in Idaho is no small potatoes: Adultery is a felony that comes with a fine of up to $1,000 and as much as three years in jail.
8. Michigan
It's a felony and a Class H offense to two-time your spouse here, but the price for your crime is "jail or other intermediate sanction," according to the State of Michigan Sentencing Guideline Manual. With an unclear consequence like that, it's not worth it to succumb to temptation.
9. Wisconsin
Cheating cheeseheads better be rich. Those caught may need to cough up a whopping $10,000. Oh, and the possible three years behind bars doesn't sound fun, either.
10. Minnesota
The law for adultery in Minnesota is just as cold as the state itself. If you're caught cheating, you can be fined up to $3,000 and imprisoned for as long as a year.
11. Utah
We're not sure how the state's famous polygamists are free men, but infidelity can land you a sentence of up to 6 monthswith a fine of up to $1,000.
12. New York
Sleeping around in the city that never sleeps, or anywhere else in the Empire State, for that matter, could result in as long as 3 months of jail time.
13. Mississippi
Vow-breakers better pray the system treats its inmates to Southern hospitality. The Mississippi statutes say that cheaters "shall be fined in any sum not more than $500 each, and imprisoned in the county jail not more than six months."
14. Georgia
Be a peach to your partner to avoida fine of up to $1,000 or a jail sentence of up to a year.
15. South Carolina
Cheating here can send you to the slammer for anywhere from six months to a year, or could get you a fine between $500 to $1,000.
16. North Carolina
This southern state isn't as hard on their cheaters. The unfaithful spend no more than 30 days in lockup.
And then there's Maryland:
Where you could go on a movie date or cheat on your spouse for the same price. The fine for betraying your beloved is only $10 here.
FAQs
Although adultery laws are mostly found in the conservative states (especially Southern states), there are some notable exceptions such as New York. In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 14 states along with Puerto Rico criminalize it as a misdemeanor.
What state can you go to jail for cheating? ›
Although adultery laws are mostly found in the conservative states (especially Southern states), there are some notable exceptions such as New York. In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 14 states along with Puerto Rico criminalize it as a misdemeanor.
In what states is adultery still a crime? ›
Sixteen states consider adultery to be a crime. These include the Carolinas, Georgia, Mississippi, New York, Utah, Minnesota, Wisconsin, Michigan, Idaho, Oklahoma, Massachusetts, Illinois, Kansas, Florida, and Arizona. Some states consider adultery to be grounds for divorce while others don't.
What is the most cheating state? ›
Nearly 2,000 people were quizzed about cheating on everything from marriage to games to diets to lying about their age. Overall, Texas topped the list with a cheating score of 63.70, barely edging out Alabama, Nebraska and California.
Is it illegal to sleep with a married person? ›
Consensual Relationships and Legal Implications
In most modern legal systems, engaging in a consensual sexual relationship with a married man does not typically expose the involved parties to criminal liability.
What states is it illegal to cheat on your girlfriend? ›
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.
Can you go to jail for adultery in Florida? ›
In cases where the adultery laws are enforced, a married person found guilty of sleeping with someone other than a spouse could face up to 60 days in prison and/or a fine. A person who isn't married, but sleeping with someone who is, couldn't be charged with the crime of adultery.
What states can you sue for adultery? ›
[2] The states other than North Carolina in which “homewrecker lawsuits” can be brought are Hawaii, Mississippi, New Mexico, South Carolina, and Utah.
Is it illegal to have a girlfriend while married? ›
Adultery may still be technically illegal, but these laws aren't being enforced and are likely unconstitutional. However, bear in mind that if a relationship goes bad, it could be used against you in divorce court.
Can you go to jail for adultery in Texas? ›
Different laws are in place for the same matters across the U.S. A few states, such as Texas, do not treat adultery as a crime, but consider it as a violation of certain civil laws. It means the adulterous spouse won't go to jail or earn a criminal record, but they won't go scot-free either.
The States With The Fewest Cheaters
- Minnesota.
- Missouri.
- Colorado.
- Florida.
- South Carolina.
- Ohio.
- Pennsylvania.
- Maine.
Lack of Emotional Connection
The number one reason why people cheat is a lack of connection in the relationship. Most people do not realize how important creating, maintaining, and nurturing a connection in a relationship is.
What is the most unfaithful race? ›
In addition to gender and age, the infidelity rate also differs by a number of other demographic and social factors. For example, cheating is somewhat more common among black adults. Some 22% of ever-married blacks said that they cheated on their spouse, compared with 16% of whites and 13% of Hispanics.
Can I sue the woman who slept with my husband? ›
Criminal conversation is a tort that lets you sue someone who had sex with your spouse during your marriage. To show criminal conversation, you must prove the following elements: You were in a valid marriage with your spouse. The party you are suing (called the “defendant") had sex with your spouse during your marriage.
What is the difference between adultery and infidelity? ›
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.
What is it called when a married man sleeps with another woman? ›
Affairs are commonly described as "infidelity" or "cheating." When the affair includes one or two married people, it may also be called "adultery" or an "extramarital affair." An affair can go by other names as well, depending on the characteristics or type of affair.
What states can you sue for cheating? ›
States That Recognize Alienation of Affection
- Hawaii.
- Mississippi.
- New Mexico.
- North Carolina.
- South Dakota.
- Utah.
India Code: Section Details. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Is cheating a crime in Texas? ›
Cheating on your spouse is not illegal in Texas. It takes more than kissing or touching someone other than your spouse for it to be considered adultery, according to state law.
Can you go to jail for cheating on your wife in Michigan? ›
While some argue that the law is archaic, adultery is considered a felony in Michigan. Generally speaking, felonies in the state are punishable by at least one year in jail. According to the statute, anyone who commits adultery while they are still married has committed a crime.
