SF 1490

as introduced - 91st Legislature (2019 - 2020) Posted on 02/21/2019 02:20pm

A bill for an act
relating to public safety; repealing the adultery crime; repealing Minnesota Statutes
2018, section 609.36.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 609.36, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-3589

609.36 ADULTERY.

Subdivision 1.

Acts constituting.

When a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Subd. 2.

Limitations.

No prosecution shall be commenced under this section except on complaint of the husband or the wife, except when such husband or wife lacks the mental capacity, nor after one year from the commission of the offense.

Subd. 3.

Defense.

It is a defense to violation of this section if the marital status of the woman was not known to the defendant at the time of the act of adultery.