Section 13-1408 - Adultery; classification; punishment; limitation on prosecutionA. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished.B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife.