Is Adultery a Crime in Louisiana?
Contents
Introduction
Adultery is a sensitive and controversial topic that has been debated and discussed for centuries. The legality of adultery has been a subject of interest and confusion, especially in the context of Louisiana law. In this article, we will delve into the answer to the question: Is adultery a crime in Louisiana?
A Brief History of Adultery Laws in Louisiana
In the past, adultery was a criminal offense in Louisiana, punishable by law. Prior to 1981, Louisiana’s penal code listed adultery as a misdemeanor, punishable by a fine or imprisonment. However, the law was rarely enforced and was often considered to be a relic of the past.
The 1981 Reform: Adultery No Longer a Crime
In 1981, the Louisiana Legislature abolished the crime of adultery through the passage of Act No. 245. The law effectively removed adultery as a criminal offense, rendering it a private matter rather than a criminal act.
Key Changes:
- Adultery is no longer a criminal offense in Louisiana.
- The law focuses on protecting marital relationships rather than punishing individuals for their private conduct.
Current Law: Louisiana Revised Statutes Annotated (L.R.S.)
The current law regulating adultery in Louisiana is contained in the Louisiana Revised Statutes Annotated (L.R.S.). Specifically, L.R.S. § 14:47 defines adultery as:
"Adultery is the act of voluntary sexual intercourse between a married person and someone other than his or her spouse."
Important Notes:
- The law only applies to married individuals.
- The definition of adultery does not specify any particular sexual act or sexual orientation.
Civil Consequences of Adultery
While adultery is no longer a criminal offense in Louisiana, it can still have significant civil consequences. In a divorce proceeding, adultery can be considered a ground for divorce, known as "fault-based divorce." This means that a spouse can file for divorce citing the other spouse’s adultery as the reason.
Table: Grounds for Divorce in Louisiana
| Ground for Divorce | Statute |
|---|---|
| Irreconcilable differences | L.R.S. § 9:301 |
| Desertion | L.R.S. § 9:302 |
| Adultery | L.R.S. § 9:303 |
| Physical violence | L.R.S. § 9:304 |
| Willful absence | L.R.S. § 9:305 |
Employment and Adultery
Adultery can also have significant consequences in the workplace. In Louisiana, employers may have the right to discipline or terminate employees for adultery, depending on the specific circumstances and the terms of the employment contract.
Key Considerations:
- Employers may consider adultery as a breach of contract or a violation of company policies.
- Adultery may not necessarily be a sufficient reason for termination, especially if it does not impact job performance.
Conclusion
In conclusion, adultery is not a crime in Louisiana, having been abolished as a criminal offense in 1981. However, adultery can still have significant civil consequences, including the possibility of a fault-based divorce and potential employment implications. It is essential for individuals to understand the law and its implications to make informed decisions about their personal and professional lives.
Takeaways:
- Adultery is no longer a criminal offense in Louisiana.
- Adultery can still have significant civil consequences, including the possibility of a fault-based divorce and potential employment implications.
- Employers may consider adultery as a breach of contract or a violation of company policies.
By understanding the law and its implications, individuals can make informed decisions and navigate the complexities of their personal and professional lives with confidence.
