Establishes provisions relating to adultery

SECOND REGULAR SESSION
HOUSE BILL NO. 3184
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE RUSH.
6226H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 537 and 568, RSMo, by adding thereto two new sections relating to
adultery , with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 537 and 568, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 537.553 and 568.200, to read as follows:
537.553. 1. As used in this section, the term "adultery" means voluntary sexual
2 inter course between a married person and an individual who is not that person's spouse.
3 2. A person may bring a civil action against any individual other than the
4 person's spouse if:
5 (1) The individual knowingly engaged in adultery with the person's spouse; and
6 (2) It can be pr oven that the individual's conduct caused emotional, financial, or
7 r elational harm to the person's marriage.
8 3. The burden of pr oof in any action br ought under this section shall be a
9 pr eponderance of the evidence. Evidence that may be pr esented includes, but is not
10 limited to, written or electr onic communications, photographs or video, witness
11 testimony , admissions, or evidence obtained thr ough lawful investigations.
12 4. A pr evailing plaintiff may r ecover:
13 (1) Compensatory damages, including emotional distr ess, counseling costs, loss
14 of consortium, and financial losses;
15 (2) Punitive damages for willful or malicious conduct;
16 (3) Attorney's fees and court costs; and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (4) Injunctive reli ef, including orders limiting futur e contact between the
18 individual and the person's spouse.
19 5. An action under this section shall be filed within five years of the adulter ous
20 act or within two years of discovering the act, whichever is later .
21 6. No civil action may be brou ght if:
22 (1) The spouses wer e legally separated at the time of the act; or
23 (2) The plaintiff pre viously consented in writing to a nonmonogamous marital
24 arrangement.
568.200. 1. A person commits the offense of adultery if:
2 (1) Such person knowingly engages in sexual intercou rse with an individual who
3 is not the person's spouse; and
4 (2) The act r esults in demonstrable emotional, financial, or familial harm to the
5 person's spouse or household.
6 2. The offense of adultery is a:
7 (1) Class C misdemeanor for the first offense;
8 (2) Class A misdemeanor for a second offense; and
9 (3) Class E felony for any third or subsequent offense.
10 3. In a pr osecution under this section, the following evidence may be admissible:
11 (1) Written or electr onic communications;
12 (2) Photographs or digital documentation;
13 (3) Witness testimony;
14 (4) V oluntary admissions; or
15 (5) Evidence obtained thr ough a lawful investigation.
16 4. It shall be an affirmative defense for a prosecution under this section if:
17 (1) The spouses wer e legally separated or a petition for dissolution of marriage
18 was filed prior to the act; or
19 (2) Prior to the act, the spouses had a written agr eement permitting nonexclusive
20 r elations.
21 5. Upon r equest, the court may seal reco rds to protect the privacy of spouses,
22 families, or minor childr en.
✔
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