http://laws.findlaw.com/US/106/583.html -
Section 4184 of the Code of Alabama provides that 'if any man and woman live
together in adultery or fornication, each of them must, on the first conviction
of the offense, be fined not less than $100, and may also be imprisoned in the
county jail or sentenced to hard labor for the county for not more than six
months. On the second conviction for the offense, with the same person, the
offender must be fined not less than $300, and may be imprisoned in the county
jail, or sentenced to hard labor for the county, for not more than 12 months;
and for a third or any subsequent conviction with the same person, must be
imprisoned in the penitentiary or sentenced to hard labor for the county for
two years." In addition,
http://laws.findlaw.com/US/471/222.html the
predecessor to 182 was Art. VIII, 3, of the Alabama Constitution of 1875, which
denied persons "convicted of treason, embezzlement of public funds,
malfeasance in office, larceny, bribery, or other crime punishable by
imprisonment in the penitentiary" the right to register, vote, or hold
public office. These offenses were largely, if not entirely, felonies. The
drafters of 182, which was adopted by the 1901 convention, expanded the list of
enumerated crimes substantially to include the following: "treason,
murder, arson, embezzlement, malfeasance in office, larceny, receiving stolen
property, obtaining property or money under false pretenses, perjury,
subornation of perjury, robbery, assault with intent to rob, burglary, forgery,
bribery, assault and battery on the wife, bigamy, living in adultery, sodomy,
incest, rape, miscegenation, [and] crime against nature.
ARIZONA:
http://laws.findlaw.com/US/327/711.html 1975
Case
http://laws.findlaw.com/US/420/770.html "When
to the idea of an offense plurality of agents is logically necessary,
conspiracy, which assumes the voluntary accession of a person to a crime of
such a character that it is aggravated by a plurality of agents, cannot be
maintained. In other words, when the law says, `a combination between two
persons to effect a particular end shall be called, if the end be effected, by
a certain name,' it is not lawful for the prosecution to call it by some other
name; and when the law says, such an offense - e. g., adultery - shall have a
certain punishment, it is not lawful for the prosecution to evade this
limitation by indicting the offense as conspiracy." 2 F. Wharton, Criminal
Law 1604, p. 1862 (12th ed. 1932).5 [420 U.S. 770, 774] The Rule has been
applied by numerous courts, state and federal alike.
COLORADO:
FLORIDA:
http://laws.findlaw.com/US/379/184.html
the challenged statute is a part of chapter 798 entitled "Adultery
and Fornication."1 Section 798.01 forbids living in adultery and 798.02
proscribe lewd cohabitation. Both sections are of general application, both
require proof of intercourse to sustain a conviction, and both authorize imprisonment
up to two years.2 Section 798.03, [379 U.S. 184, 186] also of general
application, proscribes fornication3 and authorizes a three-month jail
sentence.
http://laws.findlaw.com/US/424/448.html (Section
61.08, Florida Statutes), a wife found guilty of adultery could not be awarded
alimony.
GEORGIA:
http://laws.findlaw.com/US/478/186.html State
might conclude that adultery is likely to injure third persons, in particular,
spouses and children of persons who engage in extramarital affairs. With
respect to incest, a court might well agree with respondent that the nature of
familial relationships renders true consent to incestuous activity sufficiently
problematical that a blanket prohibition of such activity [478 U.S. 186, 210]
is warranted. See Tr. of Oral Arg.
21-22. &
http://laws.findlaw.com/US/292/216.html Section
966 (D.C. Code 1929, T. 14, 63) provides: A divorce from the bond of
marriage may be granted only where one of the parties has committed adultery
during the marriage: Provided, That in such case the [292 U.S. 216, 222]
innocent party only may remarry, but nothing herein contained shall prevent the
remarriage of the divorced parties to each other. ...' IN ADDITION, a statute
of the [292 U.S.
216, 226] District provides for forfeiture of dower in case of the wife's
adultery during marriage, none denies dower to a widow because she had been
guilty of adultery prior to the marriage with her late husband.
HAWAII:
http://laws.findlaw.com/US/188/291.html 'That
under and by virtue of the Hawaiian law in force at the time said decree of
divorce was granted and now in force, it is provided: 'When a divorce is
decreed for the adultery or other offense amounting thereto, of the wife, the
husband shall hold her personal estate forever, and he shall hold her real
estate so long as they shall live; and if he shall survive her, and there shall
be issue of the marriage born alive, he shall hold her real estate for the term
of his own life, as a tenant by the curtsey; provided that the court may make
such reasonable provision for the divorced wife out of any real estate that may
have belonged to her, as it may deem proper.' Federal Law Against
Adultery
http://laws.findlaw.com/US/327/711.html sections
of the Federal Criminal Code apply to the reservation, including not only the
Assimilative Crimes Act, but also those making penal the offenses of rape, 4
assault with intent to [327 U.S. 711, 714] commit rape,5 having carnal
knowledge of a girl,6 adultery7 and fornication. 8 years; and when such act is
committed between a married man and a woman who is unmarried, the man shall be
deemed guilty of adultery.' Criminal Code, 316, 35 Stat. 1149, 18 U.S.C. 516,
18 U.S.C.A. 516. [Footnote 8] 'If any unmarried man or woman commits
fornication, each shall be fined not more than $100, or imprisoned not more
than six months.' Criminal Code, 318, 35 Stat. 1149, 18 U.S.C. 518, 18 U.S.C.A.
518. Adultery: (1887) 24 Stat. 635, in connection with the amendment of
bigamy statutes; (1909) 35 Stat. 1149.
ILLINOIS:
http://laws.findlaw.com/US/236/140.html Congress
had no power to punish immorality, and certainly did not intend by this act of
June 25, 1910 (36 Stat. at L. 825, chap. 395, Comp. Stat. 1913, 8812), to make
fornication or adultery, which was a state misdemeanor, a Federal felony,
punishable able by $5,000 fine and five years' imprisonment.
http://laws.findlaw.com/7th/952053.html their
unmarried parents are "fornicators"; some are adulterers; fornication
and adultery remain on the books of many states as crimes.
MINNESOTA:
http://laws.findlaw.com/US/296/1.html Mason's
Minnesota Statutes 1927, 8601-8604. The court is empowered upon divorce for any
cause, except that of the wife's adultery, to decree to the wife 'such part of
the personal and real estate of the husband, not exceeding in value one-third
thereof, as it deems just and reasonable, having regard to the ability of the
husband, the character and situation of the parties, and all other
circumstances of the case.
NEW YORK:
http://laws.findlaw.com/US/160/531.html wherein
she alleged that the defend- [160 U.S. 531, 533] ant, whose legal residence was
still in the city of Elizabeth, had committed adultery with several persons on
different occasions in the city of New York,
http://laws.findlaw.com/US/360/684.html Under
provisions of the New York Education Law which were construed by the Court of
Appeals of New York as requiring the denial of a license to show a motion
picture when "its subject matter is adultery presented as being right and
desirable for certain people under certain circumstances.
OKLAHOMA:
http://laws.findlaw.com/US/241/582.html Adultery
is an offense against the marriage relation, and belongs to the class of
subjects which each state controls in its own way. It is a punishable offense
only where the common or statute law of the state makes it such; and where
punishable, it is cognizable only in the courts of the state.
OHIO:
PENNSYLVANIA:
SOUTH DAKOTA:
http://laws.findlaw.com/US/241/602.html this
is a prosecution for adultery committed on one of the Sioux Indian Reservations
in the state of South Dakota.
Both participants in the act were Indians belonging to that reservation. The
statute upon which the prosecution is founded was originally adopted as part of
the act of March 3, 1887 (chap. 397, 24 Stat. at L. 635), and is now 316 of the
Penal Code [35 Stat. at L. 1149, chap. 321, Comp. Stat. 1913, 10,489]. The
section makes no mention of Indians, and the question for decision is whether
it embraces adultery committed by one Indian with another Indian, on an Indian
reservation. The district court answered the question in the negative.
SOUTH CAROLINA:
UTAH:
http://laws.findlaw.com/US/131/176.html That
whoever commits adultery shall be punished by imprisonment in the penitentiary
not exceeding three years; and, when the act is committed between a married
woman and a man who is unmarried, both parties to such act shall be deemed
guilty of adultery; and when such act is committed between a married man and a
woman who is unmarried, the man shall be deemed guilty of adultery.' 24 St.
635.said defendant, Hans Nielsen, having been duly convicted in this court of
the crime of adultery, it is therefore ordered, adjudged, and decreed that the
said Hans Nielsen be imprisoned in the penitentiary of the territory of Utah,
at the county of Salt Lake, for the term of one hundred and twenty-five days.
http://laws.findlaw.com/10th/964191.html The
Ten Commandments are undeniably a sacred text in the Jewish and Christian
faiths, and no legislative recitation of a supposed secular purpose can blind
us to that fact. The Commandments do not confine themselves to arguably secular
matters, such as honoring one's parents, killing or murder, adultery, stealing,
false witness, and covetousness.
WASHINGTON, DC:
http://laws.findlaw.com/DC/975333a.html &
http://laws.findlaw.com/US/509/688.html if
the crime of adultery with which he was charged was included in the crime of
unlawful cohabitation for which he was convicted and punished, that question is
now to be considered," 131 U.S., at 185 (emphasis added), from its legal
analysis, id., at 186-189, and from its repeated observations that cohabitation
required proof of adultery, id., at 187, 189. DOD
http://laws.findlaw.com/9th/2/909/375.html Adultery
is illegal in many states, the Department Defense does not subject the class of
adulterers automatically to expanded security procedures.
WEST VIRGINIA:
http://laws.findlaw.com/US/232/619.html The
plaintiff (the defendant in error) at that time was the wife of a citizen of West Virginia, but, in consequence of his adultery, as
she alleged, had separated from him and had gone to Virginia.
WYOMING:
http://laws.findlaw.com/US/161/65.html Sections
1 and 2 relate to testimony in prosecutions for bigamy, polygamy, or unlawful
cohabitation. Sections 3-5 define and punish the offenses of adultery, incest,
and fornication.