Louisiana is one of a handful of states in the US where adultery remains a crime, though its enforcement is largely a relic of the past. While technically illegal, the reality of prosecution is extremely rare. This article will delve into the legal definition of adultery in Louisiana, explore the potential penalties, and discuss the practical implications of this outdated law.
What is the Legal Definition of Adultery in Louisiana?
Louisiana Revised Statute 14:79 defines adultery as "the sexual intercourse of a married person with a person other than his spouse." This definition is straightforward, focusing on the act of sexual intercourse between a married individual and someone who isn't their spouse. Note that it doesn't specify the marital status of the other person involved.
What are the Penalties for Adultery in Louisiana?
According to Louisiana law, adultery is a misdemeanor. The penalty is a fine of not more than $500. Importantly, it's extremely uncommon for anyone to face prosecution or penalties for adultery in Louisiana. The law exists, but it's effectively unenforced.
Is Adultery Grounds for Divorce in Louisiana?
Yes, adultery is considered a fault ground for divorce in Louisiana. This means that if one spouse can prove their partner committed adultery, it can be used as a basis for filing for divorce and potentially impacting alimony and child custody decisions. However, proving adultery requires substantial evidence.
How is Adultery Proven in Divorce Proceedings?
Proving adultery in a Louisiana divorce requires presenting compelling evidence such as witness testimony, photographs, video recordings, or text messages demonstrating the affair. Simply alleging adultery is insufficient; concrete proof is necessary. The bar for proving adultery is high.
Is Adultery a Crime in Louisiana for Same-Sex Couples?
Louisiana law doesn't explicitly exclude same-sex couples from the definition of adultery. However, given the rarity of prosecutions, the practicality of applying this law to same-sex couples is virtually nonexistent.
What if My Spouse is Committing Adultery?
If you believe your spouse is committing adultery and you are considering divorce, you should consult with a qualified Louisiana family law attorney. They can advise you on the best course of action, explain the process of gathering evidence, and represent your interests in court.
Does Louisiana's Adultery Law Violate Constitutional Rights?
The constitutionality of Louisiana's adultery law has been questioned, given that similar laws have been challenged in other states on the grounds that they violate equal protection under the law. However, these challenges haven't resulted in Louisiana's law being overturned.
Conclusion
While adultery remains technically a crime in Louisiana, it's practically unenforceable. The law's relevance is primarily in the context of divorce proceedings, where proving adultery can impact legal outcomes. If you have concerns related to adultery, seeking legal counsel is strongly advised. This information is for educational purposes only and should not be considered legal advice. Always consult a legal professional for advice tailored to your specific situation.
