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The Adultery Crime That’s Still on the Books in 16 States

Yes, Cheating Can Still Be a Crime in America

Most people assume that what happens between two consenting adults in a relationship is a personal matter — not a legal one. But in 16 states across the United States, adultery is still technically a crime written into law. While prosecutions are rare, these laws remain on the books and can carry real consequences, especially when it comes to divorce proceedings and civil disputes.

Understanding adultery laws, where they exist, and what they actually mean for everyday people is more important than many realize. Whether you are going through a divorce, curious about state regulations, or simply interested in how old laws continue to shape modern life, this is a topic worth knowing about.

What Exactly Is Adultery Under the Law?

In legal terms, adultery generally refers to sexual intercourse between a married person and someone other than their spouse. The exact definition, however, varies from state to state. Some states define it narrowly, while others have broader interpretations that may include other types of intimate conduct.

Unlike the common understanding of cheating — which many people associate with emotional affairs, texting, or flirting — criminal adultery statutes typically focus on physical acts. The legal standard matters a great deal, especially when these laws intersect with divorce cases or criminal complaints.

Which 16 States Still Have Adultery Laws?

As of today, the following states still have adultery listed as a criminal offense in their statutes:

Michigan – Adultery can technically result in a felony charge, making it one of the strictest remaining laws in the country.
Wisconsin – Classified as a Class I felony under state law.
Minnesota – Still listed as a criminal act on the books.
Idaho – Carries potential criminal penalties.
Oklahoma – Adultery is considered a misdemeanor.
Florida – Listed as a second-degree misdemeanor.
Mississippi – A criminal offense with potential fines.
South Carolina – Can carry fines or jail time.
North Carolina – Has both criminal statutes and civil liability provisions.
Virginia – A Class 4 misdemeanor under state law.
Maryland – Still technically a misdemeanor.
Kansas – Listed as a Class C misdemeanor.
Illinois – Considered a Class A misdemeanor.
Utah – Classified as a B misdemeanor.
Georgia – A misdemeanor under state law.
New York – Technically still on the books, though rarely enforced.

It is worth noting that laws change over time, and some states have been in the process of reviewing or repealing these statutes. Checking the most current version of your state’s laws or speaking with a local attorney is always advisable for the most accurate information.

How Often Are These Laws Actually Enforced?

In practice, prosecutions for adultery are extremely rare. Most district attorneys and law enforcement agencies have no interest in pursuing cases based solely on marital infidelity. The enforcement of these laws has dropped significantly over the decades, partly because of shifting cultural attitudes and partly because of legal challenges tied to privacy rights.

A landmark U.S. Supreme Court case, Lawrence v. Texas (2003), which struck down sodomy laws, has led many legal experts to argue that criminal adultery statutes would not survive a serious constitutional challenge either. The ruling affirmed that the government generally cannot regulate private consensual sexual conduct between adults.

However, “rarely enforced” does not mean “never enforced.” There have been documented cases where adultery charges were filed — sometimes as leverage in contentious divorces, other times in military courts where the Uniform Code of Military Justice (UCMJ) treats adultery as a more serious matter.

Adultery Laws and Divorce: Where It Gets Complicated

Even in states where adultery is not a crime, it can still have a significant impact on divorce proceedings. This is where the intersection of adultery law and family law becomes especially important for people to understand.

In states that recognize fault-based divorce, a spouse who can prove adultery occurred may be entitled to a larger share of marital assets, better custody arrangements, or reduced alimony obligations. Courts in these states take marital misconduct into account when dividing property and making financial decisions.

Here is how adultery can affect a divorce case:

Property Division: A cheating spouse may receive a smaller portion of shared assets, especially if marital funds were used to support the affair.
Alimony: In some states, a spouse who committed adultery may be barred from receiving alimony altogether, or the amount may be reduced.
Child Custody: While courts primarily focus on the best interests of the child, adultery can occasionally be raised as a factor, particularly if the affair created an unstable home environment.
Legal Grounds for Divorce: In fault-based divorce states, adultery can serve as a formal legal ground for filing, which may streamline the process or strengthen a spouse’s legal position.

Even in no-fault divorce states, where couples can simply cite “irreconcilable differences,” evidence of adultery may still come up during settlement negotiations or litigation.

The Military Is a Different Story

While civilian adultery laws are seldom enforced, the U.S. military takes a stricter view. Under Article 134 of the Uniform Code of Military Justice, adultery — referred to as “extramarital sexual conduct” — can be prosecuted if it is found to be prejudicial to good order and discipline or to the reputation of the armed forces.

Military personnel have faced real consequences, including demotion, discharge, or fines, as a result of adultery findings. This is one area where adultery law remains genuinely active and impactful in the modern United States.

Why Do These Laws Still Exist?

If these laws are rarely enforced and widely considered outdated, why haven’t they been repealed? The answer comes down to a mix of political, cultural, and practical factors.

For some lawmakers, repealing an adultery law feels like endorsing infidelity — something that carries significant political risk in more conservative states. Others simply have not prioritized revisiting old statutes when more pressing legislative issues demand attention. In some cases, the laws have been quietly challenged but never formally removed.

There is also a philosophical argument made by some that maintaining these laws sends a social message about the importance of marital commitment, even if enforcement is not the primary goal.

The Broader Conversation About State Regulation and Private Life

Adultery laws sit at the center of a much larger debate: how much should the state regulate what happens in private relationships? Most Americans today believe that the government has no business legislating consensual adult behavior in the bedroom. Public opinion surveys consistently show that while people may personally disapprove of cheating, they do not believe it should be a criminal offense.

Civil liberties organizations, including the American Civil Liberties Union (ACLU), have long argued that adultery laws violate constitutional privacy rights. Legal scholars widely agree that any serious challenge to these statutes in court would likely succeed.

Yet the laws remain — a quiet reminder that the legal system often moves more slowly than the society it is meant to reflect.

What Should You Know If You Are Going Through a Divorce?

If you live in a state where adultery still has legal weight — either as a crime or as a factor in divorce — here are some practical things to keep in mind:

Consult a family law attorney in your state to understand exactly how adultery might affect your case.
Document relevant evidence carefully, but avoid invasive or illegal methods of gathering information.
Be aware that social media posts, financial records, and phone records can all be used as evidence in divorce proceedings.
Understand the difference between fault-based and no-fault divorce in your state, as this changes the role adultery plays in the process.
Consider mediation or settlement options that might resolve disputes without the emotional cost of a contested trial.

Final Thoughts

Adultery laws are a fascinating — and sometimes surprisingly relevant — corner of American legal history. While the chances of someone being criminally prosecuted for cheating on their spouse are extremely low in most states, these statutes still carry weight, particularly in divorce court, in military settings, and in ongoing debates about the proper role of government in regulating personal behavior.

Knowing that these laws exist, understanding which states still have them, and recognizing how they might affect a divorce case can make a real difference for people navigating difficult personal circumstances. The law does not always reflect common sense or current cultural values — but being informed means you are never caught off guard.