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Be it enacted by the General Assembly of Virginia:
1. That § 18.2-365 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-365. Adultery defined; penalty.
Any person, being married, who voluntarily
shall have has
sexual intercourse with any person not his or her spouse
shall be is
guilty of adultery , punishable as a
Class 4 misdemeanor and is subject to a
civil penalty of not more than $250, which
shall be payable to the Literary Fund.
Any law-enforcement officer may issue a summons for a violation of this section.