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can a person go to jail for having sex with a married woman

Resolved Question:

my son is having a affair with this woman and they told him he could go to jail for life is that so and who can they do that when she started this
Submitted: 7 years ago.
Category: Legal
Expert:  Walter replied 7 years ago.

Hi,

While some (not all, most common is Florida and Georgia) states have laws stating it is against the law to have sexual relations with a married women or man few really prosecute for it. As for going to jail for life this is completly untrue. As I said very seldom is this enforced and when it is it is normally when the womens husband pushes it and even then the punishment is not much. The norm would be probation or community service though the judge has the right to order jail time I would find it unlikely.

Walter

Walter, Legal Consultant
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Customer: replied 7 years ago.
Relist: I still need help.
Expert:  Walter replied 7 years ago.

Hi,

Is there any other questions you need answered? How can I further help you?

Walter

Expert:  Guru_Guy replied 7 years ago.
North Carolina criminal law considers any sex outside of marriage to be a crime. This includes sex with a person married to someone else, as well as sex between two unmarried people.

Here is the Statute:

§ 14-184. Fornication and adultery.

If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other.

A class 2 misdemeanor usually results in 30 days in jail (not life) for a first offense, or 45 days in jail for a second offense.

As the first expert mentioned, these laws are almost never enforced. There are several legal efforts to have the laws declared unconstitutional.

I hope this helps!
Guru_Guy, Lawyer (JD)
Category: Legal
Satisfied Customers: 2418
Experience: My specialties include Civil Rights and Constitutional law, as well as general practice issues.
Guru_Guy and 15 other Legal Specialists are ready to help you

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