Adultery Is A Crime In Minnesota: New Bill Would Change That

SAINT PAUL, MN — A representative in the Minnesota House wants to repeal an old law that most residents in the state likely don't know exists. Adultery is illegal in Minnesota. The law specifically targets the actions of women.

"I was surprised to find out that adultery is a crime in Minnesota," Rep. Kelly Moller, a DFL lawmaker from Shoreview, told her committee Wednesday. "Not only is adultery a crime, but the way it's written is extremely sexist."

She says the ban dates back to the territorial laws of 1861.

Section 609.36 states that if a married woman has sexual intercourse with anyone besides her husband, she and that person are both guilty of adultery and could be imprisoned for up to a year.

It is not a crime for a married man to engage in adultery with a single woman in Minnesota. Additionally, a man can use ignorance as a defense.

Here's the law as it's on the books currently in Minnesota:

609.36 ADULTERY.

Subdivision 1.Acts constituting.

When a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Subd. 2.Limitations.

No prosecution shall be commenced under this section except on complaint of the husband or the wife, except when such husband or wife lacks the mental capacity, nor after one year from the commission of the offense.

Subd. 3.Defense.

It is a defense to violation of this section if the marital status of the woman was not known to the defendant at the time of the act of adultery.

A bill introduced by Moller Wednesday would repeal the law. If her legislation is signed, adultery would be decriminalized the next day.

The bill passed committee unanimously.