(A) Any person who cohabits or has sexual intercourse with another not his or her spouse commits adultery, if the behavior is open and notorious, and
(1) The person is married and the other person involved in the intercourse is not his or her spouse; or
(2) The person is not married and knows that the other person involved in the intercourse is married.
(B) A person shall be exempt from prosecution under this section if his or her liability is based solely on evidence he or she has given in order to comply with the requirements of ILCS Ch. 305, Act 5, § 4-1.7.
(C) Adultery is a misdemeanor.
(ILCS Ch. 720, Act 5, § 11-7) Penalty, see § 130.99