Is Adultery Illegal in Arizona?
It may sound odd in the 21st century, but yes, committing adultery is still illegal under Arizona law. And for good reason. Not only is adultery emotionally damaging and harmful to our society, but the majority of Americans still think it should be considered a crime. Infidelity is the ultimate offense against a legally binding marriage contract and is among the top reasons spouses get divorced—some statistics average that almost 50% of all divorces involve cheating.
How is adultery defined in Arizona?
ARS 13-1408 defines adultery as, “A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person, not his or her spouse.”
What is the punishment for adultery in Arizona?
Married or unmarried, a person who commits adultery as defined above, is guilty of a class 3 misdemeanor in Arizona, the least severe criminal classification. A class 3 misdemeanor is punishable by up to 30 days in jail, or one year of probation and $500 in fines.
Is the crime of adultery actually enforced in Arizona?
The crime of adultery is rarely enforced in Arizona. In order for prosecution of adultery to occur, the wife or husband must file a complaint with law enforcement. Since police officers don’t often like to get involved in the personal matters of a household, adultery has its most severe consequences in divorce court.
An article written in the Phoenix New Times a few years back reports the case of a Glendale man who filed a report of his wife’s adultery with the police department. Here is what happened: “The officer who finally took Banks’ police report told him it was unlikely the Maricopa County Attorney’s Office would prosecute the case. He also told Banks ‘It’s about time she got on with her life and you get on with yours.’”
Misdemeanor lawyer in Phoenix, Arizona
If you’re facing criminal charges, it’s critical to have a trustworthy Certified Criminal Law Specialist in your corner to defend your rights. Todd Coolidge has years of experience and a proven track record of success. Whatever your misdemeanor charge, with Todd and his associates on your side from the start, you increase your chances of getting off with a lighter sentence. Call us today 480-264-5111.