Be it enacted by the General Assembly of Virginia:

1. That §18.2-365 of the Code of Virginia is amended and reenacted as follows:

§18.2-365. Adultery defined; civil penalty.

Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be is guilty of adultery, punishable as a Class 4 misdemeanor and subject to a civil penalty of not more than $250. Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty and the proceeds shall be deposited into the Literary Fund. Any law-enforcement officer may issue a summons for a violation of this section.