Throughout the history of marriage, adultery has been socially frowned upon as a betrayal of trust, and it often leads to divorce. Public opinion and religious beliefs are often believed to be the driving factor behind these negative views, but the laws regarding marriage also play a role. However, many people do not understand how these laws may affect them.
The Legality of Adultery
As is common with most laws, the way adultery is defined and handled varies from state to state. What many fail to realize about adultery is that in Illinois, it is considered against the law and can result in legal repercussions. Illinois is one of 18 states that have made adultery a crime. Illinois law defines the act of adultery as voluntary sexual intercourse between a married person and a person who is not their spouse, if:
- The person is married and knows the other person involved in such intercourse is not his spouse; or
- The person is not married and knows that the other person involved in such intercourse is married.
Based on the law, if two parties engage in such action, and their actions are “open and notorious,” they are committing a misdemeanor, which can be punished by up to a year in prison. However, even though this law exists, it rarely results in criminal prosecution, so a person is unlikely to actually receive jail time for their extramarital activities.
...