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Ch. 26
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2002 LAWS OF MARYLAND
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SUBTITLE 5. CRIMES AGAINST MARRIAGE.
10-501. ADULTERY.
(A) PROHIBITED.
A PERSON MAY NOT COMMIT ADULTERY.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION SHALL BE FINED $10.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 3.
This section is revised in standard language used to describe a statutory
crime. Adultery was not a crime at common law, although it did have
consequences relating to marriage and divorce. See Cole v. State, 126 Md.
239, 94 A. 913 (1915).
In subsection (b) of this section, the reference to being "guilty of a
misdemeanor" is added to state expressly that which only was implied in
the former law by the reference to a "conviction". In this State, any crime
that was not a felony at common law and has not been declared a felony by
statute, is considered to be a misdemeanor. See State v, Canova, 278 Md.
483, 490 (1976), Bowser v. State, 136 Md. 342, 345 (1920), Dutton v. State,
123 Md. 373, 378 (1914), and Williams v. State, 4 Md. App. 342, 347 (1968).
The former reference to "in any of the circuit courts for counties in this
State" is deleted in light of CJ § 4-301, which provides that the District
Court generally has exclusive original jurisdiction of common-law and
statutory misdemeanors, unless the potential penalty includes
confinement for at least 3 years or a fine of at least $2,500. The Criminal
Law Article Review Committee brings this substitution to the attention of
the General Assembly.
Defined term: "Person" § 1-101
10-502. BIGAMY.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO A PERSON IF:
(1) THE PERSON'S PREVIOUS LAWFUL SPOUSE HAS BEEN ABSENT FROM
THE PERSON FOR A CONTINUOUS PERIOD OF 7 YEARS; AND
(2) THE PERSON DOES NOT KNOW WHETHER THE PERSON'S PREVIOUS
LAWFUL SPOUSE IS LIVING AT THE TIME OF THE SUBSEQUENT MARRIAGE
CEREMONY.
(B) PROHIBITED.
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