Legal Question in Criminal Law in Maryland

Is Adultery a Criminal Offense?

Wife accuses husband of adultery based on affectionate emails, threatens legal action against him and third party female. Is adultery a crime, which states can it be filed in if wife is in Maryland, husband in North Carolina and third party female in Virginia? What evidence is required to prove adultery if it is a crime? What are the consequences for husband and third party female(can she be charged as well)? What are consequences for wife if accusations deemed false?


Asked on 11/23/04, 7:42 pm

3 Answers from Attorneys

Dominic Fleming Dominic J. Fleming Trial Lawyer

Re: Is Adultery a Criminal Offense?

In Maryland adultery is not a crime. It used to be and the maximum sentence was a $10.00 fine. From your question it appears you should be in contact with a domestic attorney rather than a criminal one.

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Answered on 11/24/04, 11:51 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Is Adultery a Criminal Offense?

It appears that you are in the process of seeking a divorce. Criminal charges are not at issue since you seek a civil remedy. Adultery may or may not be the grounds upon which your divorce will be granted. You should obtain the assistance of an attorney. Contact me today.

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Answered on 11/24/04, 10:56 pm
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: Is Adultery a Criminal Offense?

Adultery is a crime in Maryland. Frankly, the only reason it is still on the books is so people can take the "Fifth" in a Divorce case and not answer any questions about their infidelity. The crime has not been prosecuted criminally in over fifty years. Do you know what the penalty is if you are convicted? ...Drum Roll... A FIVE DOLLAR FINE.

As far as consequences if the accusation is false: (i) if the allegation is actually investigated by the police (fat chance!), one could pick up a false statement charge or perhaps (ii) a civil defamation or invasion of privacy claim (intrusion into seclusion perhaps). The aggrieved party might perhaps bring an alienation of affection claim also for damage to the marital relationship, etc. Bring your check book though, none of that would be cheap or on a contingency!

Notice: this is not legal advice. Legal advice requires an in person, confidential and in-depth consultation.

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Answered on 11/23/04, 11:40 pm


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