10 Jun Is Adultery Illegal in Florida?
Adultery in Florida
Is Adultery Illegal in Florida? Under Florida Statute §798.01, whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.
For example, let’s say your spouse has taken up with another partner and they decided to live together and behave as if they were married (Watson v. State, 142 Fla. 218 (1940)). The cohabiting couple may be found guilty of adultery, subjecting themselves to possible prosecution under Florida law. The potential penalty for committing adultery, under Florida Statute §798.082, is being convicted of a designated misdemeanor and being sentenced to a definite term of imprisonment not exceeding 60 days and/or, under Florida Statute § 798.083, a fine of up to $500.