Is Adultery a Felony in Michigan?
In Michigan, the answer to this question is a resounding NO. Adultery, the act of committing adultery, is not a felony in the state of Michigan. In fact, Michigan has not criminalized adultery since 1838, when the state legislature repealed the statute that made it a misdemeanor.
What is Adultery?
Adultery is defined as the act of having sexual intercourse with someone other than one’s spouse, while being married. It is a civil offense that is often grounds for divorce in many jurisdictions. However, in Michigan, adultery is not considered a criminal offense.
Michigan’s Position on Adultery
Michigan has a long history of not criminalizing adultery. In 1838, the Michigan legislature repealed the statute that made adultery a misdemeanor, effectively decriminalizing the act. Since then, Michigan has not criminalized adultery in any form.
Legal Framework
Michigan’s legal framework surrounding adultery is guided by its Constitution and state laws. The Michigan Constitution, Article I, Section 13, states that "The right of individuals to freedom of thought, opinion and expression is inherent and essential to the character of this state." This provision implies that individuals have the right to make their own decisions about their personal lives, including their romantic relationships.
Criminal Code
Michigan’s criminal code, MCL 750.520, deals with a range of offenses, including sexual offenses such as indecent exposure and sexual assault. However, adultery is not included in this list. The code does not criminalize the act of adultery, and it does not provide any penalties or sanctions for those who engage in it.
Comparison to Other States
It’s worth noting that Michigan is not alone in its decision to decriminalize adultery. Many states have also repealed laws criminalizing adultery, recognizing that the act is a private matter between consenting adults. According to the National Conference of State Legislatures, 23 states have laws that criminalize adultery, but Michigan is not among them.
Table: Adultery Laws in the United States
| State | Felony/Penalty |
|---|---|
| Alabama | Felony, punishable by up to 10 years in prison |
| Arizona | Felony, punishable by up to 2 years in prison |
| Arkansas | Felony, punishable by up to 6 years in prison |
| Idaho | Misdemeanor, punishable by up to 90 days in prison |
| Indiana | Misdemeanor, punishable by up to 60 days in prison |
| Iowa | Misdemeanor, punishable by up to 30 days in prison |
| Kansas | Felony, punishable by up to 2 years in prison |
| Kentucky | Felony, punishable by up to 5 years in prison |
| Louisiana | Misdemeanor, punishable by up to 30 days in prison |
| Michigan | Not Felony, Decriminalized |
| Mississippi | Felony, punishable by up to 5 years in prison |
| Missouri | Felony, punishable by up to 5 years in prison |
| North Carolina | Misdemeanor, punishable by up to 30 days in prison |
| Ohio | Felony, punishable by up to 2 years in prison |
| Oklahoma | Felony, punishable by up to 5 years in prison |
| Oregon | Not Felony, Decriminalized |
| Pennsylvania | Misdemeanor, punishable by up to 90 days in prison |
| South Carolina | Felony, punishable by up to 10 years in prison |
| Tennessee | Felony, punishable by up to 5 years in prison |
| Texas | Misdemeanor, punishable by up to 1 year in prison |
| Utah | Felony, punishable by up to 5 years in prison |
| Wisconsin | Misdemeanor, punishable by up to 30 days in prison |
Conclusion
In conclusion, adultery is not a felony in Michigan. The state has a long history of decriminalizing the act, recognizing that it is a private matter between consenting adults. While some states still criminalize adultery, Michigan has taken a different approach, opting to focus on more serious crimes and respect the right of individuals to make their own decisions about their personal lives.
