Opinion: Did South Carolina Gov. Mark Sanford’s affair break the law?

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The revelation of an extramarital affair by South Carolina Gov. Mark Sanford will certainly damage his political integrity, but might it land him in legal hot water? According to South Carolina’s legal code, adultery is considered a crime punishable by a fine and jail time. Section 16-15-60 reads:

Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.

However, getting anyone in South Carolina to comment on the law has been difficult. After being told that South Carolina does in fact have a law against adultery, one police officer said he didn’t care and promptly hung up. Despite the lack of officers willing to go on the record regarding the law, an investigator at the Richland County (S.C.) Sheriff’s Department did mention that he has not, and probably never will, arrest anyone for adultery. Sounds like adulterers in South Carolina can rest easy.

-- Brendan Bigelow