Adultery in United States
Adultery Definition
The voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife. Bish. Mar. & Div. § 415; 6 Mete. (Mass.) 243; 36 Me. 261; 11 Ga. 56; 2 Strobh. Eq. (S. C.) 174. The voluntary sexual intercourse of a married woman with a man other than her husband. Unlawful voluntary sexual intercourse be23, 24; Itween two persons, one of whom at least is’ married, is the essence of the crime in all. cases. In general, it is suiRcient if either party is married; and the crime of the married party will be adultery, while that of the unmarried party will be fornication. 1 Yeatefe (Pa.) 6; 2 Dall. (Pa.) 124; B Jones (N. C.) 416; 27 Ala. (N. S.) 23; 35 Me. 205; 7 Grat. (Va.) 591; 6 Grat. (Va.) 673; 1 Pin. (Wis.) 91. In some of the states, if the woman be married, though tjie man be unmarried, he is guilty of adultery. 21 Pick. (Mass.) 509; 2 Blackf. (Ind.) 318; 18 Ga. 264; 9 N. H. 515. And see 1 Harr. (N. J.) 380; 29 Ala. 313. In other states, it seems that to constitute the offense of adultery it is necessary that the woman should be married; that if the man only is married, it is not the crime of adultery at common law or under the statute, so that an indictment for adultery could be sustained against either party; though, within the meaning of the law respecting divorces, it is adultery in the man. 56 Ind. 263 ; 9 N. H. 55; 4 Minn. 335; Tappan (Ohio) 90.
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Legal Issue for Attorneys
The voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife. Bish. Mar. & Div. § 415; 6 Mete. (Mass.) 243; 36 Me. 261; 11 Ga. 56; 2 Strobh. Eq. (S. C.) 174. The voluntary sexual intercourse of a married woman with a man other than her husband. Unlawful voluntary sexual intercourse be23, 24; Itween two persons, one of whom at least is’ married, is the essence of the crime in all. cases. In general, it is suiRcient if either party is married; and the crime of the married party will be adultery, while that of the unmarried party will be fornication. 1 Yeatefe (Pa.) 6; 2 Dall. (Pa.) 124; B Jones (N. C.) 416; 27 Ala. (N. S.) 23; 35 Me. 205; 7 Grat. (Va.) 591; 6 Grat. (Va.) 673; 1 Pin. (Wis.) 91. In some of the states, if the woman be married, though tjie man be unmarried, he is guilty of adultery. 21 Pick. (Mass.) 509; 2 Blackf. (Ind.) 318; 18 Ga. 264; 9 N. H. 515. And see 1 Harr. (N. J.) 380; 29 Ala. 313. In other states, it seems that to constitute the offense of adultery it is necessary that the woman should be married; that if the man only is married, it is not the crime of adultery at common law or under the statute, so that an indictment for adultery could be sustained against either party; though, within the meaning of the law respecting divorces, it is adultery in the man. 56 Ind. 263 ; 9 N. H. 55; 4 Minn. 335; Tappan (Ohio) 90.
Notice
This definition of Adultery is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
Adultery in State Statute Topics
Introduction to Adultery
The purpose of Adultery is to provide a broad appreciation of the Adultery legal topic. Select from the list of U.S. legal topics for information (other than Adultery).
Resources
Further Reading
- Information about Adultery in the Gale Encyclopedia of American Law.