Cheating on Your Spouse is Still a Misdemeanor in Arizona

If your marriage includes some (ahem) extracurricular activities with someone who isn't your spouse, you're not just a cheater -- according to Arizona law -- you're also a criminal.

That's right, cheating on your spouse is a misdemeanor in Arizona -- and a Glendale man actually used the statute as grounds to call the cops on his straying wife.

Turns out, even if you're single you can be prosecuted under Arizona law.

Arizona's infidelity law is as follows:

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.

Glendale resident Dave Banks actually cited the statute in a police report he filed against his cheating wife.

Banks was interviewed by a local TV station about his wife's infidelity and says she's been cheating on him for at least 10 years. According to Banks, his wife, Traci Banks, has had at least seven affairs that he knows of.

From KPHO:

"If they used it all the time, maybe women or men would think twice about going and jumping in the sack and throwing away their marriage," Banks said.

He says it took years for Glendale PD to finally take his report.

When his wife of 17 years, Traci Banks, got the call from Glendale Detective Larry Gonzales, she was amused.

"Everybody thinks it's funny, everybody," she said.

She says even though the couple is living separately, they are still legally married because she can't afford a divorce. She admits to having two affairs. "It's (the marriage) been over. Did I feel bad or guilty? No," she explained.

The officer who finally took Banks' police report told him it was unlikely the Maricopa County Attorney's Office would prosecute the case. He also told Banks "It's about time she got on with her life and you get on with yours."

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Geez, Dave, your wife left you.  Move on.  You look pathetic.  


 this story is  more proof why you should never get married. variety is the spice of life. men need to get as much pussy before we are dead as possible. sex is all life is about. power money =sex. sex is life.


If Glendale won't help, maybe Arpaio will.  He enforces all the laws all the time. 

liberal forever
liberal forever

if president  clinton can why cannot everyone cheat on there old lady. the fed deficeit is a neo conservative plot to make the democrats look bad.  brad and jolina are at the white house to address the president on what to do next. martin sheen was a presient on tv...what are his thoughts. why is it that everytime i turn the news on i see an arab throwing a rock but none of the gaza strippers play baseball. arisonna would be a beter place with no republicans and snow in dec so my kids can  get a day off in the winter. hollywood tells the truth and so does pelosi and barrack...listen to them...please and support your local teacher, they work two hard. theytoo need more than just weekends, holidays and summers off. they need snow days two. obomo rocks...we need us for mo years  


Newt better stay out of Arizona.

Now Sheriff Joe can form a real pussy posse.

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