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.
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.
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.
Official Publication of the State of Minnesota
Revisor of Statutes