No, in most parts of the United States, cheating on your spouse is not illegal. Though yes, there are 16 states that technically call it a crime, but it is almost never enforced, or the cheater in the marriage is never charged with anything, let alone sent to jail for it. And yes, we get it, for many of you, this might sound like a shocking thing, but in reality, it is not a crime in the majority of the USA. Though still, it is still a morally wrong thing to do, in the eyes of the law, it is not as bad as you might think. To understand it all in a better way, let’s talk about it a little more.
What Is Adultery?
Adultery, which is often known as cheating, is a situation in which a married individual gets involved sexually with another person except for his/her spouse. The explanation is very straightforward, right? But the most surprising thing that you could be is that in some American states it is regarded as a punishable offense.
There is no need to worry because, at present, people are not arrested for these things. These laws are mainly ancient rules that were not totally removed from the legal books, only partially crossed out and still recognized by the law.
Where Did These Laws Come From?
A couple of hundred years ago, marital relationships were considered the ethical foundation of the community. In those days, unfaithfulness was not merely a personal problem; it was regarded as both a sin and a grave violation. During the beginning days of the settlements in America, such as Massachusetts in the 1600s, an adulterer might be subjected to severe penalties.
Luckily, things were different as time went on. By the 1950s, these laws that banned the living together of an unwed couple or that the married couple cohabited had largely stopped their implementation in most states. However, some states still exist where these regulations have not been completely removed, and therefore, even if only from a legal point of view, they continue to be present.
How Does the Law Define Adultery?
Every state specifies adultery in a slightly different way. Usually, it is a sexual act with an on-the-side partner that is not the spouse of the married person, done voluntarily by a married person. There are states that claim the two people having the affair can be the offenders, the married one and the partner with whom they cheated.
In fact, evidence has to be presented before a person can be charged. This could be things like emails, money receipts, or the statements of the witnesses. Since the cases are of a very personal nature and it is difficult to provide evidence, these incidents are less likely to occur in reality.
Which States Still Say Cheating Is Illegal?
Even in 2025, the act of adultery is basically a crime in sixteen states and Puerto Rico with the law. However, there is no need to get alarmed, because the odds of a person being caught and punished for cheating are almost nil.
Here’s what that looks like:
- Adultery is a felony in Michigan, Oklahoma, and Wisconsin, among other states, which implies that it is a severe violation of the law, and the authorities can technically send the offender to jail and even impose heavy fines.
- In yet other states like Alabama, Arizona, Florida, Georgia, and a few more, the act is only a misdemeanor. The punishment would probably be a small fine or a short jail term.
For instance, in Maryland, the fine is just $10, which is basically a symbolic reminder that the law still exists.
Meanwhile, New York finally got rid of its adultery law in 2024 after keeping it around for more than a century.
