Adultery

The voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Bish. Mar. & Div. § 415; 6 Mete. (Mass.) 243; 36 Me. 261; 11 Ga. 56; 2 Strobh. Eq. (S. C.) 174. The voluntary sexual intercourse of a married woman with a man other than her husband. In general, it is sufficient if either party is married; and the crime of the married party will be adultery, while that of the unmarried party will be fornication. 1 Yeates (Pa.) 6; 2 Dall. (Pa.) 124; 8 Jones (N. C.) 416; 27 Ala. (N. S.) 23; 35 Me. 205; 7 Grat. (Va.) 591; 6 Grat. (Va.) 673; 1 Pin. (Wis.) 91. In some of the states, if the woman be married, though the man be unmarried, he is guilty of adultery. 21 Pick. (Mass.) 509; 2 Blackf. (Ind.) 318; 18 Ga. 264; 9 N. H. 515. And see 1 Harr. (N. J.) 380; 29 Ala. 313. In other states, it seems that to constitute the offense of adultery it is necessary that the woman should be married; that if the man only is married, it is not the crime of adultery at common law or under the statute, so that an indictment for adultery could be sustained against either party; though, within the meaning of the law respecting divorces, it is adultery in the man. 56 Ind. 263; 9 N. H. 55; 4 Minn. 335; Tappan (Ohio) 90.

The voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Bishop, Mar. & D. § 415; Moore v. Com., 6 Mete. (Mass.) 243, 39 Am. Dec. 724; State v. Hutchinson, 36 Me. 261; Cook v. State, 11 Ga. 56, 56 Am. Dec. 410; Hull v. Hull, 2 Strobh. Eq. (S. C.) 174. Unlawful voluntary sexual intercourse between two persons, one of whom at least is married, is the essence of the crime in all cases. In general, it is sufficient if either party is married; and the crime of the married party will be adultery, while that of the unmarried party will be fornication; Respublica v. Roberts, 1 Teates (Pa.) 6; id.; 2 Dall. (Pa.) 124, 1 L. Ed. 316; State v. Parham, 50 N. C. 416; Smitherman v. St.. Ala. 23; State v. Thurstin, 35 Me. 205, 58 Am. Dec. 69."3; Cum. v. Cregor, 7 Gratt (Va.) 591; Com. v. Lafferty, 6 Gratt. (Va.) 673; Banks v. State, 96 Ala. 7S, 11 South. 404; Hunter v. U. S., 1 Pinney (Wis.) 91,.".'.> Am. Dec. 277. In Massachusetts, however, and some of the other states, by statute, if the woman be married, though the man be unmarried, he is guilty of adultery; Com. v. < 'all. 21 Pick. (Mass.) 509,::2 Am. Dec 284, and note; Com. v. Elwell, 2 Mete. 190, 39 Am. Dec. 398 (where the man was ignorant that the woman was married): Suite v. Pearce, 2 Blackf. (Ind.) 318; Wasden v. State, IS Ga. 264; State v. Wallace, 9 N. IT. 516; aud see State v. Lash, 1(! N. J. I.. 380, 32 Am. Dec.:;97: Mosser v. Mosser, 29 Ala. 313. In Connecticut and some other states, it seems that to constitute the offence of adultery it is necessary that the uoman should be marunder the statute, so that an indictment for adultery could be sustained against either party; though within the meaning of the law respecting divorces it is adultery in the man. Cohabitation with a man after marriage is not adultery, unless the woman knows of such marriage; Banks v. State, 90 Ala. 78, 11 South. 404; Vaughan v. State, 83 Ala. 55, 3 South. 530; it is not necessary to prove emission on prosecution for adultery; Com. v. Hussey, 157 Mass. 415, 32 N. E. 362. A charge of open and notorious adultery is not sustained by proof of occasional illicit intercourse; Wright v. State, 5 Blackf. (Ind.) 358, 35 Am. Dec. 126, and note; State v. Crowner, 56 Mo. 147; Brevaldo v. State, 21 Fla. 7S9; Searls v. People, 13 111. 597; nor by merely living together as man and wife without any circumstances to cause scandal or suspicion; People v. Salmon, 148 Cal. 303, 83 Pac. 42, 2 L. R. A. (N. S.) 1186, 113 Am. St. Rep. 268; Schoudel v. State, 57

At common law, sexual intercoui-se between a man and a married woman not his wife; but now, commonly, such intercourse between a married person, male or female, and a person married or single not that person's husband or wife.

Adultery is the voluntary ‘sexual intercourse of a married person witha person other than the offender’s husband or wife, Civil Code Cal. § 93; 1 Bish. Mar. & Div. § 703; 6 Mete. 243; 36 Me, 261; 11 Ga. 56, Adultery igs the unlawful voluntary sexual intercourse cf a married person with one of ‘the opposite sex, and when the crime is committed between parties, only one of whom is married, both are guilty of adultery. Pen. Code Dak. § 383. {t ia to be observed, however, that in some of the states it is held that this crime is coma married man with an unmarried woman is not of the grade of aduitery, In some jurisdictions, also, a distinction is made belween double and single adultery, the former being committed where both parties are married to other persons, the latter where one only is so married.

* Criminal intercourse between a married person and one of the opposite sex whether married or single. * Sexual connection between a married woman and an unmarried man or a married man other than her own husband.' At common law adultery cannot be committed with a single woman. The child of such is fiiius nullius, possesses no inheritable blood, and cannot therefore be imposed as a legitimate heir upon a husband, for the mother has no husband, and cannot consequently occasion an adulteration of issue. The heinousness of the offense, by that law, consists in exposing an innocent husband to the maintenance of another man's child and to having it succeed to his estate. For the offense there lay, not an indictment, but a civil action for damages for the private wrong. ^ By the civil law adultery could only be committed by the unlawful sexual intercoiu-se of a man with a married woman. In the English ecclesiastical courts the offense is (or was) established by showing that the husband has had illicit intercourse with a married or an unmarried female. ° •Eckford v. Knox, 67 Tex. 804 (1886), cases, Willie, C. J. See also Barnhizel v. Ferrell, 47 Ind. 338 (1874); 14 Am. Law Reg. 683-84 (1875), cases; 1 South. Law Eev.TO-85 (18(5), cases; 3 Cent. Law J. 397 (1876). 2 L. adultu Sf grown up. s George v. State, 11 Tex. Ap. 95 (1881). Compare Bell V. State, id. (1885): 21 Cent. Law J. 321, cases. • People V. Tauerback, 5 Park. Cr. 311 (1864); 132 Mass. 11-14; 2 Q. B. D. 530. See generally " Adulteration of Food," 22 Am. Law Eev. 95-106 (1888), cases. • L. adulterare^ to make impure, corrupt. • Miner v. People, 58 III. 60 (1871). ' Hood V. State, 56 Ind. 271-74 (1877); 27 Minn. 300. 'State V. Lash, 16 N. J. L. 384-90 (1833); State v. Wallace, 9 N. H. 517 (1838); Matchin v. Matchln, 6 Pa. To sustain the qharge there must be proof of actual mari'iage. Reputation and cohabitation ({?. v.) are not enough; there must be strict proof of the fact." In allegations for divorce, although presumptive evidence alone is sufficient to establish the fact of adulterous intercourse, the circumstances must lead to it not only by fair inference but as a necessary conclusion; appearances equally capable of two interpretations, one of them innocent, will not justify the presumption of guilt. Evidence simply showing full and frequent opportunity for illicit intercourse is not alone sufi Scient.^ " Living in adultery " means living in the practice of adultery. 2 It is- not necessary that the parties live together in the same house continually, as man and wife. An habitual illicit intercourse between them, though living apart, constitutes the offense.* Adulterine. Children begotten in adultery. See Bigauy; Condone; Conversation, 1; Divorce; Polygamy.

[Lat. adulterium.] Criminal conversation between a married person and one of the opposite sex, whether married or single, being in the former case sometimes called double, and in the latter, ainple adultery.* In England, it was anciently punished as a crime, but is now left to the coercion of the spiritual courts, the temporal courts taking no cognizance of it, otherwise than as a private injury; for which, in the case of adultery by a wife, the husband may have an action of trespass against the adulterer. 4 BL Com. 65. 3 Id. 139. In the United States, it is generally punished as a public offepce, by fine and imprisonment. See Laws of the several states. United States Digest, Adultery.

in criminal law, from ad and alter another person; a criminal conversation, between two married persons, or a married and unmarried person. The married person is guilty of adultery, the unmarried of fornication, (q. v.) The punishment of adultery in the United States generally is fine and imprisonment. In England it is left to the feeble hands of the ecclesiastical courts to punish this offence. Adultery in one of the married persons is good cause for obtaining a divorce by the innocent partner.