VIRGINIA ADULTERY DEFENSE
BY SEX OFFENSE/CRIME ATTORNEYS
Virginia treats adultery as a crime. Any married person who has sexual intercourse with a person who is not a spouse may be charged with adultery. Adultery is a class 4 misdemeanor in Virginia.
VA Code § 18.2-365. Adultery defined; penalty
Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor