13-1408. Adultery; classification; punishment;
limitation on prosecution


A. A married person who has sexual intercourse with another than his or her spouse,
and an unmarried person who has sexual intercourse with a married person not his or her
spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is
committed between parties only one of whom is married, both shall be punished.


B. No prosecution for adultery shall be commenced except upon complaint of the
husband or wife.