I ask this question in relation to a comment I received. That comment was:
"It is illegal to have sex with someone else if you are married..its called adultry..
Adultry is considered a law in the US"
Is adultery still illegal and prosecutable in US?
by 
dea_ex_machina
ANSWERS: 5
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Well, if it is then more people would be in jail. I feel it is immoral, but I don't think it is prosecutable.
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Grounds for divorce - yes. Illegal - no. If it were illegal three quarters of the government would be in prison for life.
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Marriage law is exclusively state law. Adultery was a crime in most states at one point. I know most states have abolished that law, but it is certainly possible that it is still a crime in some state.
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In the United States, laws vary from state to state. In those States where adultery is still on the statute books, even though they are rarely prosecuted, the penalties vary from life sentence (Michigan)[24], 2 years imprisonment (Pennsylvania), or a fine of $10 (Maryland). In the U.S. Military, adultery is a potential court-martial offense.[25] The enforceability of adultery laws in the United States has been / is being questioned following Supreme Court decisions since 1965 relating to privacy and sexual intimacy of consenting adults, in cases such as Lawrence v. Texas. (from Wikipedia)
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Yes, I believe in most states it still is. Unfortunately, our morals decline so much each generation, I can't even remember the last time someone was charged. Good thing too, because we'd have to build a LOT more prisons.
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