Legal Question in Criminal Law in California

Dear Sirs,

My wife had an affair with a married man. They had a falling out apparently (I overheard them arguing over the phone). I received a DVD in the mail addressed to me at my work. The DVD contained video of them in bed on two different occasions three years apart. Needless-to-say our marriage is in serious jeopardy. However, my wife's contrition and the fact that we have children living at home makes me inclined to forgive.

My question is: Since this home-wrecker recorded their love-making without my wifes permission - if I went to the D.A., could I have the bum thrown in jail?

Sincerely,

Cuckold in San Diego


Asked on 1/26/10, 3:21 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

No, because adultery is not a crime.

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Answered on 1/31/10, 8:45 pm
James Bame San Diego Law Office

You may have a civil suit for intentional infliction of emotional distress. Contact me directly.

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Answered on 2/01/10, 8:44 am


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