(was 720 ILCS 5/11-7) Sec. 11-35. Adultery. (a) A person commits adultery when he or she has sexual intercourse with another not his or her spouse, if the behavior is open and notorious, and: (1) the person is married and knows the other person involved in such intercourse is not his spouse; or (2) the person is not married and knows that the other person involved in such intercourse is married. A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of the Illinois Public Aid Code. (b) Sentence. Adultery is a Class A misdemeanor. involved in such intercourse is not his spouse; or other person involved in such intercourse is married.
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