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§ 18.2-365 Adultery defined; penalty

Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.

History

The record of this law’s original creation isn’t available online. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1975, chapters 14 and 15.

Code 1950, §§18.1-187, 18.1-190; 1960, c. 358; 1975, cc. 14, 15.

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Court Decisions

Ingleson v. Burlington Medical Supplies, Inc. (District Court, E.D. Virginia, 10/22/15)
. . . OPINION AND ORDER . . .

Robinson v. Salvation Army (SCV, 10/27/16)
. . . OPINION BY JUSTICE CLEO E. POWELL . . .

VanBuren v. Grubb (SCV, 11/01/12)
. . . Present: All the Justices . . .

Suddarth v. Slane (District Court, W.D. Virginia, 05/25/82)
. . . 539 F.Supp. 612 (1982) . . .

Brown v. Virginia State Bar (SCV, 05/04/23)
. . . PRESENT: All the Justices . . .

Roe v. Roe (SCV, 01/18/85)
. . . 324 S.E.2d 691 (1985) . . .

Couch v. Jabe (District Court, W.D. Virginia, 09/01/10)
. . . 737 F.Supp.2d 561 (2010) . . .

United States v. Stapleton (District Court, W.D. Virginia, 02/01/90)
. . . 730 F.Supp. 1375 (1990) . . .

Bottoms v. Bottoms (COA, 06/21/94)
. . . 444 S.E.2d 276 (1994) . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB1661: Adultery; definition. (failed)

HB940: Adultery; reduces civil penalty. (failed)

HB2014: Adultery; reduces penalty from a Class 4 misdemeanor to a civil penalty. (failed)

SB174: Adultery; reduces penalty to a civil penalty. (failed)

SB1124: Adultery; civil penalty. (failed)

HB745: Adultery; reduces penalty to a civil penalty. (failed)

SB610: Adultery; reduces Class 4 misdemeanor to a civil penalty. (failed)

SB433: Domestic relations cases; invocation of constitutional rights, adverse inference. (passed)

HB251: Assault and battery; creates Class 6 felony for serious bodily injury. (failed)

HB874: Domestic and Sexual Assault Conviction Database; established.