The United States is one of few industrialized countries to have laws criminalizing adultery.
[128] In the United States, laws vary from state to state. Up until the mid 20th century most US states (especially Southern and Northeastern states) had laws against fornication, adultery or cohabitation. These laws have gradually been abolished or struck down by courts as unconstitutional.
[129][130][131] Pennsylvania abolished its fornication and adultery laws in 1973.
[132]
States which repealed their adultery laws in recent years include
West Virginia in 2010,
[133] Colorado in 2013,
[134] and
New Hampshire in 2014.
[135]
Adultery remains a criminal offense in 21 states, although prosecutions are rare.
[136][137] Massachusetts,
Idaho,
Oklahoma,
Michigan, and
Wisconsin consider adultery a
felony, while in the other states it is a
misdemeanor. It is a Class B misdemeanor in
New York[138] and
Utah, and a Class I felony in Wisconsin.
[139] Penalties vary from a $10 fine (
Maryland)
[140] to
life sentence (Michigan).
[141] In
South Carolina, the fine for adultery is up to $500 and/or imprisonment for no more than one year [South Carolina code 16-15-60], and South Carolina divorce laws deny alimony to the adulterous spouse.
[142][143][144]