I understand that house bill 1110 prevents someone you are dating from being sued for AA or CC if you begin dating that person after Oct 1st. All well and good.
However, I also understand that even after Oct 1st, that having sex with someone while separated is still a “crime” in NC. What does that mean exactly? Does that mean my stbx could call the police and I could be persecuted in a criminal case by the state? What does the penatly look like for this? Do you pay a fine or serve actual time? Does the criminal court system seriously care about this enough to pursue it? I’m confused.
Whether or not STBX could press criminal charges isn’t necessarily relevant. (Nobody can state definitely whether the county DA will press charges or not. I imagine it would depend on the totality of the circumstances.)
However, boinking someone not your spouse while you are married is never a good idea, and can make any proceedings/negotiations with your STBX much more difficult and/or give them ammo to use against you.
First off I want to ensure that you in fact have a correct understanding of the new bill. It does not prevent someone from being sued for alienation of affection or criminal conversation that begins dating a married person after October 1, 2009 UNLESS the married party is physically separated from his or her spouse with the intention to remain separate and apart permanently.
Adultery is indeed still a crime in this state meaning that it is against the law to engage in sexual acts with someone other than your spouse, even while separated. If the state chooses to prosecute and action for adultery, the case could go forward.