The question of whether adultery is illegal in Tennessee is a nuanced one. While it's technically a crime on the books, its enforcement is extremely rare in modern times. Let's delve into the specifics to understand the legal landscape surrounding adultery in the Volunteer State.
What Does Tennessee Law Say About Adultery?
Tennessee Code Annotated ยง 39-14-101 defines adultery as "voluntary sexual intercourse between a married person and a person who is not that person's spouse." This means that both parties involved in the extramarital affair can be charged with a crime. It's a Class A misdemeanor, meaning it carries potential penalties, though these are rarely, if ever, pursued by law enforcement.
What are the Penalties for Adultery in Tennessee?
Theoretically, a conviction for adultery in Tennessee could result in a fine and/or jail time. However, in practice, such prosecutions are virtually nonexistent. The focus of the legal system has shifted towards other, more pressing criminal matters. The enforcement of this law is largely considered obsolete.
Is it still on the books if it's not enforced?
Yes, while rarely enforced, the law remains part of the Tennessee Code. Its presence on the books primarily stems from historical context and hasn't been repealed. The lack of enforcement doesn't necessarily indicate a legal loophole; rather, it highlights a shift in societal norms and priorities within the legal system.
What are the grounds for divorce in Tennessee related to adultery?
While rarely prosecuted criminally, adultery can be grounds for divorce in Tennessee. It can significantly impact divorce proceedings, such as alimony, child custody, and the division of marital assets. A judge will consider the circumstances of the adultery when making decisions in a divorce case, especially when related to fault. This contrasts significantly with the criminal side of things.
Can adultery affect child custody in Tennessee?
Yes, adultery itself does not automatically determine child custody outcomes. However, evidence of adultery might be considered by a judge as part of a broader evaluation of parental fitness and the best interests of the child. If the infidelity caused instability or negatively impacted the child's well-being, it could play a role in custody decisions. However, it's crucial to remember that the court's primary concern is always the child's best interest.
How is adultery different from other types of infidelity?
The legal definition of adultery specifically refers to sexual intercourse between a married person and someone who is not their spouse. Other forms of infidelity, such as emotional affairs or online relationships, are not explicitly covered under this statute and wouldn't be subject to criminal prosecution. These may, however, still be relevant factors in divorce proceedings.
In Conclusion:
While adultery remains a Class A misdemeanor in Tennessee, its criminal enforcement is effectively nonexistent. The legal focus is primarily on its implications within divorce cases, where it can impact property division and custody arrangements. However, the court will always prioritize the best interests of the child in custody determinations. This information should not substitute legal advice; always consult with a qualified attorney in Tennessee for legal guidance.
