Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Sexual intercourse of a married man with a woman not his wife, whether married or single. See 18 L. R. A. (N. S.) 580; also 26 Am. Rep. 21.

  • Black's Law Dictionary: 2nd Edition

    Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Civil Cal. § 93; 1 Bish. Mar. & Div. § 703; Co.ok v. State, 11 Ga. 53, 56 Am. Dec. 410; State v. Mahan, 81 Iowa, 121, 46 N. W. 855; Banks v. State, 96 Ala. 78, 11 South. 404. Adultery Is the unlawful voluntary sexual intercourse of 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. § 333. It is to be observed, however, that in some of the states it is held that this crime is committed only when the woman is married to a third person, and the unlawful commerce of a married man with an unmarried woman is not of the grade of adultery. In some jurisdictions, also, a distinction is made between double and single adultery, the former being committed where bath parties are married to other persons, the latter where one only is so married. State v. Fellows, 50 Wis. 65, 6 N. W. 239; State v. Searle. 56 Vt. 516; State v. Lash, 16 N. J. Law, 380, 32 Am. Dec. 397 ; Hood v. State, 56 Ind. 263, 26 Am. Rep. 21; State v. Connoway, Tapp. (Ohio) 90; State v. Weatherby, 43 Me. 258, 69 Am. Dec. 59 ; Hunter v. U. S., 1 Pin. (Wis.) 91, 39 Am. Dec. 277.