Before you consider risking it all for a fling, you should probably know your chances of spending time in jail.

Some, but not all, states have made adultery illegal. The punishment for the crime varies from state to state.

In three of those states, cheating on your spouse is even considered a felony.

States Where Cheating On Your Spouse Is A Misdemeanor

I’m going to guess you likely found yourself reading this article because you either got caught cheating or you’ve been doing your own detective work and are ready to call someone out.

Either way, you should know how much the law and courts get involved in the issue varies wildly depending on where you live.

Before we get into the states with the most serious penalties, let’s first look at the places where cheating on your spouse is a misdemeanor charge. Newsweek found the following states classify adultery as a misdemeanor:

• Alabama
• Arizona
• Florida
• Georgia
• Illinois
• Kansas
• Maryland
• New York
• North Carolina
• North Dakota
• Rhode Island
• South Carolina
• Virginia

This list could be shortened by at least one state before the end of the year.

“For the last 117 years, adultery has had a spot in New York’s penal code as a class B misdemeanor, punishable by up to 90 days in jail,” the Gothamist writes. “But that may not be the case for much longer.”

The website says a bill to repeal the state’s adultery law is currently waiting to be signed by New York Governor Kathy Hochul before the end of 2024.

This would make New York the third state in recent years to reverse course on its adultery stance. Both Idaho and Minnesota have repealed their laws on spousal cheating since 2022.

States Where Cheating on Your Spouse Is a Felony

While some states appear to be softening their stance on adultery, there are three that consider the act a rather serious offense.

Adultery is a felony in the following states:

• Michigan
• Oklahoma
• Wisconsin

For Michigan, Newsweek found the punishment for being convicted of adultery could mean a maximum of a $5,000 fine and five years in jail. Oklahoma also carries a maximum five-year jail sentence, but the fine tops out at $500.

Related: Every State Where They’ve Made It Illegal to Collect Rainwater

Being convicted of cheating in Wisconsin, on the other hand, is going to hit you a lot harder in the wallet.

WisconsinWatch.org says the state’s adultery law dates all the way back to 1849 and considers the act a Class I felony. A conviction could mean a maximum of 3.5 years in prison and a whopping $10,000 maximum fine.

Maybe it’s worth moving to a different state or, better yet, just ending your current relationship before hooking up with someone else.