The legislative purpose of adultery statute law is the maintenance of marital relationship and protection of family, but this law is the reason only based on the moral or religion. Regarding the punishment of adultery, Critical discussion of domestic scholars in the past is usually centred on the principle of proportionality. However, this article intends to another level-focus on the privacy rights and personal autonomy, to discussion of different aspects.And by the U.S. Supreme Court's decision-Oliverson v. The West Valley City and Lawrence v. Texas two cases to explore and analyze, and for interpret and prove that adultery's criminal penalties, both in the United States and Taiwan, are unconstitutional doubts should be decriminalization. That is, if adultery statute law compared with constitutional values privacy and personal autonomy, in fact, it should not withstand constitutional scrutiny-privacy rights and personal autonomy should be respected.The government cannot control people's destiny and sexual desire by making their private sexual conduct a crime-adultery. Their privacy rights and personal autonomy under the Due Process Clause gives people the full rights to engage in their conduct without intervention of the government. In other words, law does not have any compelling government interest to justify its spy and involved parties on private consensual adultery behavior.