Questions about whether adultery is a crime are asked occasionally.

Over the weekend, in NY State, in Batavia (a small City roughly between Buffalo and Rochester) a woman was arrested and charged with (among other things) adultery when found having sex on a picnic table in a public park. She came to the attention of the Police when other people in the park called them.

The sentence can be up to 90 days and the DA intends to prosecute.

Interesting info -

Bet that scared away the wildlife.

I'm not familiar with the law.. but will or can the adultery charges stick? Can they be charged with lewdness? Glad I didn't see that...

Hello Judy,


Section 255.17 of the state penal law states, “A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Adultery is a class B misdemeanor.”
A class B misdemeanor is punishable by up to 90 days in jail or a $500 fine.