A Glendale, Ariz., man who did his research on Arizona law learned that cheating on your spouse in the state was against the law.
Local channel KPHO reports that he was so hurt and frustrated by his wife's cheating ways, Dave Banks filed a police report against her under the anti-adultery state law.
The law is ARS 13-1408 and classifies adultery as a class three misdemeanor in the state of Arizona. The law, from Arizona Legislation, is below:
"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.
B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife."
In layman's terms: If a married woman/man has sex outside of marriage -- and if their spouse files a complaint -- he or she will be prosecuted. The person who the spouse cheated with can also be prosecuted.
More pertinent details:
* Banks said his wife, Traci Banks, began cheating on him more than 10 years ago and has had seven or eight affairs that he's aware of. They've been married for 17 years.
* The reason Dave Banks chose to stay in the marriage is for his two sons, reports KPHO.
* According to the wife, the two are still technically married buy have been living separately. They haven't divorced because she says they cannot afford it.
* The wife said that she did not feel bad or guilty about engaging in sexual activity with others. If anything, she was amused when she got a call from the Glendale, Ariz. detective and admitted to having two affairs.
* Dave Banks says, "If they used [the law] all the time, maybe women or men would think twice about going and jumping in the sack and throwing away their marriage."
* Adultery is illegal in the state of Arizona and in roughly half of the United States. This moral-based law isn't strictly enforced, which is why you rarely -- if ever -- hear of people getting arrested for infidelity.
Wendy Rose Gould is a freelance journalist who resides in Phoenix. Her work has appeared both online and in print for Hearst, Conde Nast, AOL, USA Today and other publications. Gould is an avid traveler who has lived abroad and traveled the world extensively. She holds a B.A. in Journalism and another in philosophy.
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