Cheating on your spouse is a felony in Michigan according to a 1931 statute. But most prosecutors look the other way. Not any more.

The Macomb County prosecutor says he will prosecute the state's adultery law to the full extent if presented with the evidence.

Pete Lucido made the comments to a WWJ radio reporter after weighing in on Washtenaw County prosecutor Eli Savat's decision to no longer bring prostitution charges up in his county.

When Lucido said he disagreed with Savat's interpretation of the law, WWJ reporter Charlie Langton asked him about the rarely used adultery felony law in Michigan.

"Police officers do the investigation," Lucido told Langton. "If they bought a report up with information that had all the elements and we looked at that and find that all of those elements are gonna be made, we have no choice but to prosecute antiquated laws."

Just so you know, Michigan Penal Code Act 328 of 1931 states: "Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable to the same punishment."

While Lucido says he doubts anyone will ever call him to press an adultery case, I'm just putting it out there that the biggest payback on a cheating spouse may be a little time in jail.

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