My wife and I are Arizona residents. I currently am out of state for work purposes. My wife is a resident alien. She has told me that she is seeing another Arizona resident who is also a resident alien. He is also married. They are planning on traveling to Boston in early November. He will be buying her airline tickets.
13-1408. Adultery; classification; punishment; limitation on prosecution
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
B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife.
In accordance with the Mann Act and SC Decision Caminetti v. United States, 242 U.S. 470 (1917). The Court decided that the Mann Act applied not strictly to purposes of prostitution, but to other noncommercial consensual sexual liaisons. Thus consensual extramarital sex falls within the genre of "immoral sex".
While I understand the Mann Act is generally not applied to consensual extramarital sexual liaisons, does the 1986 revision to the law, "any sexual activity for which any person can be charged with a criminal offense" (Pub. L. No. 99-628, 100 Stat. 3511–3512.) make their trip to Boston subject to prosecution?
I ask this because under Arizona law, I understand Adultery is a criminal offense. I am a US citizen Jus Solis. My wife's residency is based upon my original sponsorship.
This is primarily a question for family and criminal law practitioners. From an immigration perspective, I will say that the actions you describe may have adverse immigration implications as well, which should later be evaluated on behalf of interested parties.
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What is your immigration status? How did your wife obtain her permanent resident status? What are your goals? It is not clear from your posting exactly what you want to do. It appears to me that you need to consult with a family law attorney and with an immigration attorney. Best of luck to you, whatever your goals happen to be.
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the way you present you question, it is not an immigration one. Consult an AZ attorney with criminal defense or family law concentration.
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Criminal Defense Attorney
Even though adultery is technically illegal, that statute is not enforced. As such, she will not face any criminal consequences.
Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.