What is the classification and statutory penalty for 720 ILCS 5/11-35 in Illinois?

720 ILCS 5/11-35 (Adultery) is classified as a Class A Misdemeanor in Illinois. Statutory sentencing scope: Up to 364 days county jail · Fine up to $2,500.

720 ILCS 5/11-35 · Adultery | Illinois Statute & Penalties

Q: What Secretary of State driver's license sanctions apply to 720 ILCS 5/11-35?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

720 ILCS 5/11-35

Sec. 11-35. Adultery.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor

Court Appearance Pre-set Bond / Release on Notice

SAFE-T Act Detention Release Eligible (Conditions Apply)

SOS Reporting Code None Assigned

Offense Description	Class	Court Mandate	SAFE-T Act	Reporting Code
Adultery	Class A Misdemeanor	Release on Notice	Release Eligible	—

Offense Description

Class

Court Mandate

SAFE-T Act

Reporting Code

Adultery

Class A Misdemeanor

Release on Notice

Release Eligible

—

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 11-35. Adultery.

(a)

(a) A person commits adultery when he or she has sexual intercourse with another not his or her spouse, if the behavior is open and notorious, and:

(1)

(1) the person is married and knows the other person involved in such intercourse is not his spouse; or (2) the person is not married and knows that the other person involved in such intercourse is married. A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of the Illinois Public Aid Code.

(b)

(b) Sentence.

Adultery is a Class A misdemeanor.

(Source: P.A. 103-154, eff. 6-30-23.)

Associated Offense Codes & Classifications (1)

Illinois General Assembly Statutory Text (Verbatim)

Sec. 11-35. Adultery.

Companion & Related Statutory Provisions