A woman arrested for public lewdness for allegedly having sex in a park is facing a surprising additional charge: cheating on her husband.
No, this wasn't in a Muslim country far away, it is happening in New York.
Suzanne Corona, a 41-year-old woman from Batavia, N.Y., just east of Buffalo, was busted along with 29-year-old Justin Amend last week, police said.
The pair allegedly were having sex on a picnic table near a playground in Farrall Park just after 5 p.m. on Friday, according to WHAM 13. Police report several parents and children were nearby.
"[The police officer] asked them what they were doing, and they said, 'Just talking,' and obviously they weren't just talking," said Officer Eric Hill, of the Batavia Police Department.
Both have been charged with public lewdness. When it was discovered that Corona was married, the adultery charge was added. She faces up to 90 days in jail or a $500 fine.
In court on Tuesday, Corona did not enter a plea, but vowed to fight the constitutionality of the charge.
"One of the reasons you don't see this charge more often is that the law in New York State requires that there must be corroboration," Genesee County District Attorney Larry Friedman told the Daily News.
Because the alleged act took place in a public park, in full view of several witnesses as well as the cops who responded, there was "no basis not the file the charge," Friedman said.
According to court papers obtained by WHAM 13, Corona told police at the time of her arrest, "I know what I did was inappropriate and I apologize, but you'd understand if you knew what my life was like."
She told officers her husband is "transgender," and that the two "never had sex."
"The police are not out conducting investigations looking for people committing adultery," Friedman said.
"At this point, the charge is still pending," he added, noting that it was the police who chose to charge Corona with adultery.
Although he was not sure how old the law was, the district attorney said one other person had faced similar charges in Batavia 13 years ago. Records indicate nearly a dozen others have been similarly charged statewide, according to ABC News.
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