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Q: Adultery, Illinois law history ( Answered 5 out of 5 stars,   0 Comments )
Subject: Adultery, Illinois law history
Category: Relationships and Society > Law
Asked by: jack1425-ga
List Price: $45.00
Posted: 01 Oct 2002 17:28 PDT
Expires: 31 Oct 2002 16:28 PST
Question ID: 71375
In Illinois, between 1960-68, what type of criminal act was adultery? 
What were the possible punishments to a defendant if prosecuted?
Subject: Re: Adultery, Illinois law history
Answered By: juggler-ga on 01 Oct 2002 19:08 PDT
Rated:5 out of 5 stars

During the 1960s, adultery was punishable as a misdemeanor in
Illinois. Misdemeanors, then and now, are punishable by imprisonment
of up to one year.

According to the Illinois Criminal Code of 1961, still in effect,
adultery is a "Class A" misdemeanor.
(720 ILCS 5/11-7) Sec. 11-7. Adultery.) (a) Any person who has sexual
intercourse with another not his spouse commits adultery, if the
behavior is open and notorious, and (1) The person is married and the
other person involved in such intercourse is not his spouse; or (2)
The person is not married and knows that the other person involved in
such intercourse is married. A person shall be exempt from prosecution
under this Section if his liability is based solely on evidence he has
given in order to comply with the requirements of Section 4-1.7 of
"The Illinois Public Aid Code", approved April 11, 1967, as amended.
(b) Sentence. Adultery is a Class A misdemeanor.

According to Illinois' Unified Code of Corrections, Class A
misdemeanors are punishable by imprisonment of "any term less than one
See the code:

730 ILCS 5/
(730 ILCS 5/5-8-3)
    Sec. 5-8-3.  Sentence  of  Imprisonment  for  Misdemeanor.)   (a) 
sentence  of  imprisonment  for a misdemeanor shall be for a
term according to the following limitations:
    (1)  for a Class A misdemeanor, for any term less than one year;

Even though the adultery law has been on the books for years, it has
rarely been enforced. Back in 1997, in Harvey, Illinois, a married
woman and a man with whom she was allegedly having an affair were
charged with adultery under the law. The local district attorney
declined to prosecute the case, however. For more information, see a
pair of articles in the archives of the Chicago Tribune:

Chicago Tribune; Chicago, Ill.; Jul 11, 1997; Joseph Tybor ;Jerry
Thornton, Tribune Staff Writers

Chicago Tribune; Chicago, Ill.; Jul 12, 1997; Joseph Tybor ;Jerry
Thornton, Tribune Staff Writers.,+COSTLY
Search strategy: illinois, "commits adultery," misdemeanor

I hope this helps.
jack1425-ga rated this answer:5 out of 5 stars
Work was clear, concise, to the point, and just alittle more then required,nice.

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