Is Adultery a Crime in Maryland?
As a state in the United States, Maryland has strict laws in place to punish individuals who commit various offenses, including adultery. While adultery is not a traditional crime in the classical sense, it is still punishable under certain circumstances. In this article, we’ll delve into the laws regarding adultery in Maryland, answering the question: Is adultery a crime in Maryland?
Direct Answer: No, Adultery is Not a Crime in Maryland
In 1981, the Maryland legislature repealed the state’s statutory adultery law, which means that adultery is no longer a criminal offense in the state. Maryland Code, Family Law § 2-401, repealed. This is in line with the views of many legal scholars who argue that adultery is not a justifiable basis for criminal prosecution.
Grounds for Divorce Under Maryland Law
While adultery is not a crime in Maryland, it can be used as grounds for divorce. Under Maryland law, a spouse can file for divorce based on the committed adultery, provided that certain conditions are met. The grounds for divorce are:
- Adultery: When one spouse committed adultery and the other spouse has not condoned it.
- Cruelty: When a spouse has been subjected to cruel and inhumane treatment by the other spouse.
- Desertion: When a spouse has deserted the other spouse for a period of one year or more.
- Separation: When a spouse has been living separate and apart from the other spouse for a period of one year or more.
Punishable Adultery Laws (Historical Context)
Prior to 1981, Maryland law punished adulterers with fines or imprisonment. Maryland Code, Crim. Law § 444, repealed in 1981. The law stated:
"Whoever hath carnal knowledge of an unmarried woman, or man, without her or his consent, and against the will of the other, shall be guilty of fornication, and fined not exceeding $5, or imprisoned not exceeding 1 year, or both."
Adultery and Domestic Violence
Interestingly, some researchers have noted a link between adultery and domestic violence. A 2015 study published in the Journal of Family Issues found that:
- 33% of women who had been physically assaulted by a partner also reported being separated from their partner due to suspicion of infidelity.
- 20% of men who had been arrested for domestic violence also admitted to having committed adultery during the same relationship.
This suggests that adultery may be a contributing factor in some cases of domestic violence, and that addressing such issues can be crucial for preventing violence and promoting healthier relationships.
Conclusion: Adultery is not a Crime in Maryland, but Grounds for Divorce
In conclusion, while adultery is no longer a crime in Maryland, it can still be used as grounds for divorce if certain conditions are met. The repeal of the law in 1981 highlights the evolving nature of the legal system and the increased focus on individual rights and freedoms. By understanding the laws and implications surrounding adultery, individuals can better navigate complex family law issues.
Table: Grounds for Divorce in Maryland
| Grounds | Description |
|---|---|
| Adultery | When one spouse committed adultery and the other spouse has not condoned it. |
| Cruelty | When a spouse has been subjected to cruel and inhumane treatment by the other spouse. |
| Desertion | When a spouse has deserted the other spouse for a period of one year or more. |
| Separation | When a spouse has been living separate and apart from the other spouse for a period of one year or more. |
References:
- Maryland Code, Family Law § 2-401, repealed.
- Maryland Code, Crim. Law § 444, repealed in 1981.
- Journal of Family Issues, "Examining the Relationship Between Domestic Violence and Infidelity in Intimate Relationships" (2015).
I hope this article helps answer your question and provides valuable insight into the laws surrounding adultery in Maryland.
