A. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished.

Terms Used In Arizona Laws 13-1408

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Sexual intercourse: means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva. See Arizona Laws 13-1401
  • Spouse: means a person who is legally married and cohabiting. See Arizona Laws 13-1401

B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife.