You're not likely to face adultery charges if you cheat on your spouse in a motel room, but if you do it on a picnic table in the park, that's another story.
Batavia Police were called to a city park around 5 p.m. Friday by a mom who was there with her small child and some other mothers and kids. It seems a couple were having sex in full view on a picnic table.
Police charged the couple, a 29-year-old man and 41-year-old woman, with public lewdness, a misdemeanor. The officer also charged the woman with adultery because he knew she was married.
Section 255.17 of the state penal law says it's a misdemeanor for a married person to have sex with a person other than their spouse. A conviction is punishable by up to 90 days in jail or a $500 fine. Only 12 people have been charged with adultery since 1972, according to records from the state Division of Criminal Justice Services.