Daily Talker: Should Adultery Be A Crime?

CBS Boston

This week, the state Senate in New Hampshire will vote on whether to decriminalize adultery. Under current state law, adultery is a Class B misdemeanor punishable by a fine of up to $1,200.

Rep. Tim O’Flaherty (D-Manchester) says he was motivated to introduce the bill by a 2003 ruling by the New Hampshire Supreme Court that same-sex partners in an adulterous affair could not be charged with a crime, because the law defines adultery as only being between a man and a woman. He also cites privacy grounds and says the law is rarely enforced.

“I don’t think there’s any appetite in New Hampshire to use police powers to enforce a marriage,” O’Flaherty testified during a public hearing last month.

Only one member of the public spoke against the bill — a man who tried to file a criminal adultery complaint against his former wife.

“It does provide some…

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