ADULTERY. The voluntary sexual in tercourse of a married person with a person other than the offender's husband or wife. Bishop, Man. & D. 415 ; 6 Mete. Mass. 243 ; 36 Me. 261; 11 Ga. 56; 2 Strobh. Eq. So. C. 174.
The voluntary sexual intercourse of a mar ried woman with a man other than her hus band.
Unlawful voluntary sexual intercourse between two persons, one of whom at least is married, is the essence of the orime in all cases. In general, it is sufficient if either party is married ; and the crime of the married party will be adultery, while that of the unmarried party will be fornication. 1 Veates, Penn. 6; 2 Dall. Penn. 124; 5 Jones, No. C. 416; 27 Ala. B. 23; 35 Me. 205; 7 Gratt. Va. 591; 6 id. 673. In Massachusetts, however, by sta tute, and some of the other states, if the woman be married, though the man be unmarried, he is guilty of adultery. 21 Pick. Mass. 509; 2 Blackf. Ind. 318; 18 Ga. 264; 9 N. H. 515; and see 1 Harr. N. J. 380;
29 Ala. 313. In Connecticut, and some other states, it seems that to oonstitute the offenoe of adultery it is necessary that the woman should be married; that if the man only is married, it is not the crime of adultery at common law or under the statute, eo that an indictment for adultery could be sus tained against either party ; though within the meaning of the law respecting divorces it is adul tery in the man.
It is not, by itself, indictable at common law, 4 Blackstone, Comm. 65 ; 5 Rand. Va. 627, 634, but is left to the ecclesiastical courts for punishment. In the United States it is punishable by fine and imprisonment under various statutes, which generally de fine the offence.
Parties to the crime may be jointly in dicted, 2 Mete. Mass. 190; or one may be convicted and punished before or without the conviction of the other. 5 Jones, No. C 416.