(a) A person commits adultery when he or she has sexual intercourse with another not his or her spouse, if the behavior is open and notorious, and:
         (1) the person is married and knows 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 § 4-1.7 of the Illinois Public Aid Code.

Attorney's Note

Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $2,500
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-55

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Terms Used In Illinois Compiled Statutes 720 ILCS 5/11-35

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

     (b) Sentence.
     Adultery is a Class A misdemeanor.