Wisconsin Statutes

Wis. Stat. § 944.16 (2026)

Adultery

✓ current as of July 2026
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944.16944.16Adultery. Whoever does either of the following is guilty of a Class I felony:
944.16(1)(1)A married person who has sexual intercourse with a person not the married person’s spouse; or
944.16(2)(2)A person who has sexual intercourse with a person who is married to another.
944.16 HistoryHistory: 1977 c. 173; 1993 a. 486; 2001 a. 109.
Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1976–2022 · leading case: Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004).
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). · cites it 4× “[3] See Wis. Stat. § 944.16 . [4] Anna C. Salter, Treating Child Sex Offenders and Victims 39-40 (1988).”
Roach v. Keane, 243 N.W.2d 508 (Wis. 1976). · cites it 2× “7 Section 944.16, Stats., provides a fine for adultery of not more than $1,000.”
Tammy Howell, a Minor, by Her Guardian Ad Litem, Charles Goerdt v. Tribune Ent. Co. & Abc Ins. Co., 106 F.3d 215 (7th Cir. 1997). “The sister keeps accusing the stepmother of adultery (a felony, be it noted, in Wisconsin, Wis. Stat. § 944.16 (2)), with Tammy adding supportive remarks from time to time.”
State v. Richard G.B., 2003 WI App 13 (Wis. Ct. App. 2002). · cites it 2× “However, he apparently concedes that adultery is defined as a crime by Wis. Stat. § 944.16 (1), which provides: Adultery.”
Oddsen v. Bd. of Fire & Police Commissioners, 321 N.W.2d 161 (Wis. 1982). · cites it 2× “Oddsen had failed to conform to the adultery statute, sec. 944.16, Stats. Pursuant to the statutes, Gail A.”
L.L.N. v. Clauder, 552 N.W.2d 879 (Wis. Ct. App. 1996). · cites it 2× “See § 944.16, Stats. The Pritzlaff reference is to dicta in the opinion noting the existence of a single case, Tichenor v.”
Lewell Marcum v. James McWhorter as Interim Sheriff of Pulaski Cnty., Kentucky, 308 F.3d 635 (6th Cir. 2002). “§§ 16-15-60, 16-15-70; Wis. Stat. Ann. § 944.16 . . Ky.Rev.Stat.”
State Law Enf't Standards Bd. v. Vill. of Lyndon Station, 295 N.W.2d 818 (Wis. Ct. App. 1980). · cites it 2× “The present statute characterizes the crime as a Class E felony, which is punishable by imprisonment up to two years. The crime of fornication, by contrast, has been classified as a misdemeanor under both the 1975 and the current versions of sec.”
Olson v. Connerly, 445 N.W.2d 706 (Wis. Ct. App. 1989). · cites it 2× “See sec. 944.16, Stats. [8] The fact that an act is done in an outrageous or abnormal manner has value in indicating that the servant is not actuated by an intent to perform the employer's business.”
State v. Leevan Roundtree, 2021 WI 1 (Wis. 2021). “35(10)(a); § 944.16; § 946.31(1). 18 No. 2018AP594-CR.”
Duane N. v. Natalie T., 513 N.W.2d 669 (Wis. Ct. App. 1994). “, and adultery, § 944.16, STATS. Such a construction would be absurd on its face.”
State v. Leevan Roundtree, 2021 WI 1 (Wis. 2021). “35(10)(a); § 944.16; § 946.31(1). 18 No. 2018AP594-CR.”
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