Crime Of Adultery May Be Repealed In Colorado

DENVER (/CBS4/AP) - Colorado lawmakers have taken a step toward repealing laws that make adultery illegal.

A bill approved by a Senate committee Tuesday would repeal all crimes for which marital status is an element. That would include adultery. The bill also repeals the crime of "promoting sexual immorality," which is when one furnishes a room to an unmarried couple knowing the couple will engage in intercourse.

"I think this is something that is troubling and in my mind unconstitutional," said Sen. Pat Steadman, D-Denver, who introduced the bill.

Colorado is one of a handful of states that still make adultery illegal, though it doesn't carry a criminal penalty. The immorality crime is a class 2 misdemeanor. An analysis prepared for legislators says immorality charges have been filed fewer than 20 times over the past three years.

"Apparently it never happens, which is one reason we can get rid of this, but it's also the principal of the matter," Steadman said. "We shouldn't have laws on books that say it's legal for married couples do something, but illegal for unmarried couples do exact same conduct."

The repeal passed 6-1. The only vote against the idea was Republican Sen. Kevin Lundberg, who said he wasn't sure whether the immorality change could affect a more-serious pandering law.

"What I see in the statute is providing a facility that's intentionally for purpose of sexual activity and that is real close to pandering," Lundberg said.

Lundberg is worried the bill will lead to more prostitution.

Steadman thinks the bill will just take "some antiquated statutes off the books."

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