Map: Is Adultery Illegal?

| Tue Nov. 29, 2011 5:20 PM EST
Herman Cain's alleged extramarital affair with Ginger White lasted more than twice as long as Newt Gingrich's affair with Callista Bisek.

Monday's report that Herman Cain recently ended a 13-year affair with a Georgia woman is, according to the experts, bad news for his crumbling presidential campaign. Iowa talk radio host Steve Deace, a barometer of conservative wisdom in the state, called the former National Restaurant Association lobbyist "toast." Mike Huckabee told Fox News' Greta Van Susteren that the news would likely steer Republican voters to a candidate "with less trouble, with less controversy"—such as Newt Gingrich. Herman Cain is reportedly so concerned about the report that he is "reassessing" whether Herman Cain will stay in the race.

But there's one question about Cain's alleged conduct that conservative commentators aren't asking: Is it against the law?

According to title 16, chapter 9, section 9 of the Georgia code of criminal conduct, "A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor." At least Georgia adulterers are in good company; adultery is a criminal offense in 23 states, with punishments ranging from a $10 fine in Maryland to life imprisonment in Michigan (at least according to one judge). It's also prohibited by the Uniform Code of Military Justice. Here's a state-by-state guide, courtesy of my colleague Tasneem Raja:

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