Is Adultery a Crime in NJ?
In the state of New Jersey, the answer to this question is a resounding no. Adultery is not a criminal offense in New Jersey, and individuals who engage in extramarital affairs will not face criminal charges or penalties.
History of Adultery as a Crime
In the past, adultery was considered a serious offense in many jurisdictions, including New Jersey. In fact, under the colonial laws of New Jersey, adultery was punishable by up to seven years in prison. However, over time, attitudes towards adultery have shifted, and it is no longer considered a criminal offense.
Current Laws and Penalties
In New Jersey, adultery is not explicitly listed as a criminal offense in the state’s penal code. Instead, the state focuses on other family law issues, such as divorce, child custody, and child support.
Domestic Relations Law
Under New Jersey’s Domestic Relations Law, adultery is considered a ground for divorce, but it is not a criminal offense. If one spouse commits adultery, the other spouse may be able to seek a divorce on grounds of adultery, but the adulterous spouse will not face criminal charges.
Grounds for Divorce
In New Jersey, there are several grounds for divorce, including:
- Adultery
- Abandonment
- Cruelty
- Neglect
- Irreconcilable differences
Criminal Charges
While adultery is not a criminal offense, there are some situations in which an individual may face criminal charges related to an extramarital affair. For example:
- Bigamy: If an individual is married and enters into a second marriage without a divorce, they can be charged with bigamy, which is a criminal offense in New Jersey.
- Embezzlement: If an individual uses company funds or assets for personal gain, including to support an extramarital affair, they may be charged with embezzlement, which is a criminal offense.
- Theft: If an individual steals property from their spouse or partner as a result of an extramarital affair, they may be charged with theft, which is a criminal offense.
Table: Criminal Charges Related to Extramarital Affairs
| Criminal Charge | Description | Penalty |
|---|---|---|
| Bigamy | Marrying someone while still married | Up to 18 months in prison, fine of up to $10,000 |
| Embezzlement | Using company funds or assets for personal gain | Up to 10 years in prison, fine of up to $200,000 |
| Theft | Stealing property from spouse or partner | Up to 5 years in prison, fine of up to $15,000 |
Conclusion
In conclusion, adultery is not a criminal offense in New Jersey. While there are some situations in which an individual may face criminal charges related to an extramarital affair, adultery itself is not a crime. If you are experiencing issues related to an extramarital affair, it is important to seek the advice of a qualified family law attorney who can help you navigate the legal and emotional complexities of your situation.
Frequently Asked Questions
- Q: Can I get in trouble for having an affair in New Jersey?
- A: No, having an affair is not a criminal offense in New Jersey.
- Q: Can I get divorced if my spouse has an affair?
- A: Yes, adultery is a ground for divorce in New Jersey.
- Q: Can I be charged with a crime if I have an affair?
- A: No, having an affair is not a criminal offense. However, there are some situations in which an individual may face criminal charges related to an extramarital affair, such as bigamy, embezzlement, or theft.
Additional Resources
- New Jersey Statutes: Domestic Relations Law
- New Jersey Statutes: Criminal Code
- American Bar Association: Adultery and Divorce
- National Center for State Courts: Divorce and Family Law
Note: The information provided in this article is general in nature and is not intended to be legal advice. If you are experiencing issues related to an extramarital affair, it is important to seek the advice of a qualified family law attorney who can provide you with specific guidance and support.
