ARS 13-1408: Adultery
The complete text of A.R.S. § 13-1408 on adultery, what the State has to prove, and the sentencing range, with a violation charged as a class 3 misdemeanor and exposure reaching up to 30 days in jail.
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Penalties for a § 13-1408 Conviction
A.R.S. § 13-1408 is the Arizona statute on adultery. A violation is a class 3 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 30 days in jail.
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 3 misdemeanor | 30 days | $500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-1408
A. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished.
B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife.
Source: Arizona Revised Statutes § 13-1408, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
Related Statutes in Chapter 14 — Sexual Offenses
- A.R.S. § 13-1409 — Unlawful sexual conduct
- A.R.S. § 13-1406 — Sexual assault
- A.R.S. § 13-1410 — Molestation of a child
- A.R.S. § 13-1405 — Sexual conduct with a minor
- A.R.S. § 13-1411 — Bestiality
- A.R.S. § 13-1404 — Sexual abuse
- A.R.S. § 13-1412 — Unlawful sexual conduct
- A.R.S. § 13-1403 — Public sexual indecency
How Tamou Law Group Defends § 13-1408 Cases
A § 13-1408 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 3 misdemeanor and something far less serious, and it is where these cases are won.
We handle adultery cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-1408?
A.R.S. § 13-1408 is the Arizona statute on adultery. A violation is a class 3 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-1408 a felony in Arizona?
No. Under the statute a violation is a class 3 misdemeanor, so the exposure reaches up to 30 days in jail. The paragraph charged and the facts decide which class applies.
What is the maximum penalty for a class 3 misdemeanor?
A.R.S. 13-707 caps jail at 30 days for a class 3 misdemeanor and A.R.S. 13-802 caps the fine at $500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-1408?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.