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[4]“In some states, sexual intercourse between two married persons, who are not married to each, constitutes adultery on the part of both;sexual intercourse between a married person and an unmarried person likewise constitutes adultery on the part of both. In other states, adultery can be committed only by a married person. Thus sexual intercourae between two married persons,who are not married to each other, constitutes adultery on the part of both ; but if only one party to the sexual intercourse is mairied,the intercourse constitutes a- dultery on the part of the married person and fornication on the part of the unmarried person. In other states, sexual intercourse constitutes adultery only where the woman is the married party. TTius,sexual intercourse between a married woman and a married man other than her spouse or sexual intercourse between a married woman and an unmarried man constitutes a- dultery on the part of both ; but if the woman is unmarried, neither party is guilty of adultery even if the man is married. ” Cf. Charles E. Torcia, Wharton’s Criminal Law, 15th edition, s. 211, at p. 531 (1994).
[5]“Cf. Bryan A. Gamer, Black's Law Dictionary, 7th edition, at p. 52, West Group
[6]“Where still considered a crime, fornication is classified as a misdemeanor. " Cf. Linda Picard Wood, J. D. Merriam Websters Dictionary of Law, at p. 201,Merriam-Webster, Incorporated (1996).
[7]“Fornication:This crime has been abolished in more than half the states. " Cf. James E. Clapp, Random, House Webster's Dictionary of the Law, at p. 191 , Random House (2000) ." adultery:Many states have abolished the crime and eliminated the requirement of an accusation of wrongdoing in order to obtain a divorce. " Id. at p. 18.