720 ILCS 5/11-35 – Adultery
This law makes it a crime for someone to openly have sexual relations with a person who is not their spouse if either one is married.
This statute says that adultery is illegal in Illinois when the act is done openly and at least one person involved is married. It is a misdemeanor offense, meaning it is a less serious crime but still against the law.
(a) A person commits adultery when they have sexual intercourse with someone who is not their husband or wife, if the act is open and obvious to others, and one of the following is true:
- The person is married and knows the other person is not their spouse.
- The person is not married and knows the other person is married.
A person cannot be charged under this law if the only evidence against them comes from testimony they gave related to Section 4-1.7 of the Illinois Public Aid Code.
(b) Sentence: Adultery is punished as a Class A misdemeanor, which can include jail time, probation, or a fine.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
