CODE OF VIRGINIA ADULTERY DEFINED; PENALTY (§ 18.2-365) Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor. HISTORY: Code 1950, §§18.1-187, 18.1-190; 1960, c. 358; 1975, cc. 14, 15.