Also Obacht geben. länger leben! Legally Weird / findlaw.com:
New York. Police were called to Farrall Park at about 5 p.m. last Friday. The mother of a small child contacted the police after she said that a man and women were having sex on a picnic table in the park. Officer Matthew Baldwin arrived and found Justin M. Amend, 29, of Oakfield, and Suzanne M. Corona, 41, in flagrante delicto. This despite the fact that the two were allegedly in full view of several women and children in the park.
Both were charged with public lewdness, a misdemeanor. However, in an additional twist, Officer Baldwin also charged Corona with adultery after learning that she was married, (and not to Amend.) Baldwin did not charge Amend with adultery, as he is not married and allegedly did not know of Corona’s marital status.
Under section 255.17 of New York state penal law, „A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.“ The law went into the books in the early 1900s and only 12 people have been charged since 1972. Five were convicted. Corona plans to challenge the constitutionality of the adultery charge. As the Democrat and Chronicle reports, an adultery charge is a class B misdemeanor, and an adultery conviction is punishable by up to 90 days in jail or a $500 fine. However, in general, jail time is rare for misdemeanor crimes. While an adultery charge is rare, in this case it was appropriate, according to Officer Eric Hill, spokesman for Batavia police. „This particular circumstance met all the criteria for the charge.“