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Guess What? You Can Still Go to Jail for Adultery in New York

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Park bench overlooking Atlantic Ocean

Just the other day I was talking to a friend(no really, it is a friend, I swear!), and she told me how she and her husband had pulled off into a public park and acted like a couple of love-struck teens -- they did It in the back of their SUV.  And yes, she was mortified at herself, and yes she was freaking out they would get caught and how would that conversation go? "Why hello, officer. Who us? Um, I'm 43 and my husband is 45." Then probably an awkward pause. "Well, we were on the way to pick up our kids from their grandparents. Why on earth we didn't just do It at home, since we had the entire weekend to ourselves? Really is a question I'd love to answer myself. We promise to do It at home from now on."  Because who wants to get a ticket for something like lewd behavior in public? Most of us over the age of 30 are having sex in a bed, and usually it's not a bed with four wheels under it.  But from time to time, we all might get a little frisky and decide we'd like to do It differently.

However, it might behoove you to check the laws in your state, just in case you do get caught with your pants down, because the punishment may be more than just full frontal embarassment. You might find yourself serving hard (ahem) time.

This is exactly what happened to a married woman and her unmarried lovaaaah in upstate New York. The two were sharing an intimate moment. In broad daylight. Out in public. Right near a playground.  Not only were they both charged with lewd and indecent behavior, the woman was slapped with an adultery charge. Not by a priest, but by the po po. Who knew? In the state of New York, adultery isn't just sinful, it's illegal. And it carries a 90-day sentence and/or a five hundred dollar fine.

So what does this mean for all of us horny over-30 men and women who might feel like taking a walk on the wild side? We're going to have to whip out our knowledge of state sex laws before we consider whipping out anything else.

 There's a story by Laurie Essig on True/Slant, and it includes an example of a couple having really loud sex and a neighbor reported their screams. The police came investigated. Maybe our parents were right back in The Day when they worried, "What will the neighbors think?" 

Have you done it outside? Are you surprised that adultery is still illegal in New York?

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Cassandra 5 pts

SO embarrassed by my typo! Shame on me for not proofing!

And the public roads only count if you are in plain sight of someone who might happen to be on the road! ;)

kvkeefe 5 pts

What happens between two adults is not my concern - adultery is an outdated charge. But in view of children? There must be better places to cheat (a hotel room?). Furthermore, will either have to register as a sex offender? If one can be labeled a sex offender for streaking, this offense must put them at risk, regardless of their reasons for doing It at a park.

Kelly, La Gourmande Jolie ( http://lagourmandejolie.com )

Devra Renner 5 pts

to visit every DMV along your "route" and ask those questions to the first clerk you encounter.

Devra Renner

@ParentopiaDevra on Twitter

Contributing Editor, Family Connections

I also write at: Parentopia ( http://www.parentopia.com/blog ), Draft Day Suit ( http://www.draftdaysuit.com ),

Devra Renner 5 pts

My understanding is the charge can only be made if the police directly witness the couple engaged in the adulterous behavior. From the accounts I read, the police witnessed the incident and thus reported it. I'm not sure there is a mandated report made to the other spouse, but in this case, her husband knows and if she jumps bail, and he paid her bail, this could very easily transfer to a Judge Judy case...

Devra Renner

@ParentopiaDevra on Twitter

Contributing Editor, Family Connections

I also write at: Parentopia ( http://www.parentopia.com/blog ), Draft Day Suit ( http://www.draftdaysuit.com ),

Devra Renner 5 pts

I know your "public part" was a typo, but what a fabulous typo! : )

Devra Renner

@ParentopiaDevra on Twitter

Contributing Editor, Family Connections

I also write at: Parentopia ( http://www.parentopia.com/blog ), Draft Day Suit ( http://www.draftdaysuit.com ),

Melissa Ford 5 pts

Cough...

Um...do rarely driven country roads count? In multiple states? Guilty as charged?

Melissa writes Stirrup Queens ( http://stirrup-queens.com ) and Lost and Found ( http://lostandfoundandconnectionsabound.blogspot.c... ). Her book is Navigating the Land of If ( http://thelandofif.blogspot.com/ ).

Cassandra 5 pts

This is local news for me. I live about 40 minutes from where it happened. While there are a few different reports floating around in the news, the one that was first reported is that the man and woman were having sex in broad daylight on a picnic table in full view and in close proximity to children and adults. The woman was quoted as saying, "Officer, I'm sorry. This was not at all appropriate. But if you knew my life, you'd understand..." Now, different quotes are floating around.

Either way, what goes on in privacy b/w 2 consenting adults is not the public's business unless it affects the public's welfare. But, what goes on on a picnic table in a public part, that for darn sure is my business, and if this adultery charge means she and others may be less likely to have sex on a picnic table in public, then good on the prosecutor.

IsleDance 5 pts

You know, after reading this, it makes sense. You make a legal agreement with one person, yet you're caught breaking that legal agreement with another. Mandatory admission to the spouse is hopefully included. If for health and safety reasons, only.

One Friday night, I loaded up my life and headed out... ( http://isledance.blogspot.com )