States Where Adultery is Illegal 2026

States Where Adultery Is a Felony

In a small number of states, adultery remains classified as a felony offense under state law. These laws carry the most serious legal classification, though enforcement is typically rare.

States in this category include Michigan, Oklahoma, and Wisconsin. While these statutes remain on the books, they are infrequently prosecuted and often exist as legacy laws rather than actively enforced criminal provisions.

States Where Adultery Is a Misdemeanor

In several states, adultery is classified as a misdemeanor offense. These laws technically allow for criminal penalties but are generally considered low-level offenses and are rarely enforced in practice.

States in this category include Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Maryland, Mississippi, North Carolina, North Dakota, Rhode Island, South Carolina, and Virginia. In most cases, these laws remain part of older legal frameworks and are not a focus of modern criminal enforcement.

States Where Adultery Has Not Been Clearly Decriminalized

Some states have statutes related to adultery that have not been clearly repealed or formally decriminalized, or where the legal status is uncertain or outdated.

States in this category include Alaska, Arkansas, Hawaii, Indiana, Iowa, Kentucky, Louisiana, Maine, Nevada, New Mexico, South Dakota, Tennessee, Texas, Vermont, and Washington. In these states, the legal standing of adultery laws may be ambiguous or tied to older statutes that are rarely applied.

States Where Adultery Has Been Decriminalized

Many states have formally decriminalized adultery, removing it as a criminal offense under state law. In these states, adultery may still have civil implications—such as in divorce proceedings—but is not prosecuted as a crime.

States in this category include California, Colorado, Connecticut, Delaware, District of Columbia, Idaho, Massachusetts, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Utah, West Virginia, and Wyoming. These states reflect a broader shift away from criminal enforcement of personal relationship matters.

Overall Legal Landscape

Adultery laws in the United States vary widely, ranging from felony classifications to full decriminalization. However, even in states where adultery remains technically illegal, enforcement is rare and often limited to specific contexts.

In practice, adultery is more commonly addressed through civil law—particularly in divorce or family court—rather than through criminal prosecution.