While New York Repealed This Law, It’s Still a Felony in 5 States Including MA

You know at least one married person who has cheated and at least one married person who has been cheated on by their spouse. We all do.

Maybe it's you in one of the scenarios.16 states still have a law on the books making infidelity in marriage a crime, and five of those states include Massachusetts.

Once upon a time New York made it 17 states. However, sleeping around on your spouse in the city that never sleeps as well as anywhere else in the Empire State, ended in November of 2024 after 117 years.

The last time it was used in New York was in 2010. According to the AP News, a woman was caught engaging in a sexual act in a park, but the adultery charge was later dropped as part of a plea deal.

As a matter of fact, the last time there was a conviction for adultery in America was in Massachusetts in 1983. This is according to a cited source in Wikipedia.

Massachusetts, like most of these states with this law still on the books, defines the adultery law as an act of cheating through sexual intercourse between a married person and someone other than their spouse, according to Woman's Day.

Even though we don't hear of jail time anymore for such "criminal" acts, straying from your spouse can still legally get you arrested and behind bars IF a judge decides to do so.

According to The Week website, while European countries once had anti-adultery laws on the books as well, almost all were repealed in the 1970s and '80s but not here in America.

Here's the full list of states where it's still illegal to cheat on your spouse, according to Woman's Day.

• Arizona
• Florida
• Kansas
• Illinois
• Massachusetts
• Oklahoma
• Idaho
• Michigan
• Wisconsin
• Minnesota
• Utah
• Mississippi
• Georgia
• South Carolina
• North Carolina
• Maryland

According to The Week, most states just consider this a misdemeanor, but not in Massachusetts. It's a felony in the Bay State as well as in Idaho, Massachusetts, Michigan, Oklahoma, and Wisconsin.

While a misdemeanor means up to three months in jail plus a fine and a felony could land you in prison for up to three years.

By the way, what happens if you're married in a state where this law isn't on the books, making it legal to cheat, yet you cheat with someone here in Massachusetts?

Hmm, I guess it depends on how good your lawyer is.