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adultery

criminal law

1. From ad and alter, another person; unlawful sexual intercourse between a man married to another woman, and a woman married to another man, or a married and unmarried person. The married person is guilty of adultery, the unmarried of fornication.

2. The elements of this crime are, first, that there shall be an unlawful carnal connection; Secondly, that the guilty party shall at the time be married; thirdly, that he or she shall willingly commit the offense; for a woman who has been ravished against her will is not guilty of adultery.

3. The punishment of adultery, in the United States, generally, is fine and imprisonment.

4. In England it is left to the hands of the ecclesiastical courts to punish this offense.

5. Adultery in one of the married persons is good cause for obtaining a divorce by the innocent partner.

Editor's Note: This a good example how our laws have changed through the years, since adultery is no longer prosecuted as a crime

Source : Bouvier 1856

Language : English

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