However, because the actual sexual act is rarely proved it most likely won’t make a difference in most cases.
Because sexual conduct mostly, and should, occur behind closed doors, it is nearly impossible to find direct proof of the cheater in the act.
Several state legislatures statutorily prohibit adultery as a crime.
Under some statutes, both parties to an adulterous relationship are guilty of a crime if either of them is married to someone else.
Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model.