Proposal would let spouses sue over adultery and punish repeat offenses

A spouse may sue someone other than their spouse for knowingly having sex with their spouse. The claim is against a person other than the plaintiff's spouse. The plaintiff must prove that the conduct caused emotional, financial, or relationship harm to the marriage. A court may award money for losses, emotional distress, counseling, and loss of companionship; it may also award punitive damages for willful or malicious conduct, attorney fees, and court costs. No claim is allowed if the spouses were legally separated when the act occurred or the plaintiff had already agreed in writing to a nonmonogamous marriage. The lawsuit must be filed within five years of the act or within two years of discovering it, whichever is later.

A person who knowingly has sex with someone who is not their spouse could face criminal penalties if the act causes demonstrable harm. The provision covers a person who knowingly has sexual intercourse with someone who is not that person's spouse. The harm must affect the person's spouse or household and be demonstrable. A defense is available if the spouses were legally separated or a divorce petition had been filed before the act, or if they had a written agreement allowing nonexclusive relations. At a party's request, a court may seal records to protect the privacy of spouses, families, or minor children. The text sets a Class C misdemeanor for a first offense, a Class A misdemeanor for a second, and a Class E felony for a third or later offense.