The bill proposed by Fairfax Democratic Sen. Scott Surovell failed by a voice vote.
Virginia is one of about a dozen states to still treat adultery as a crime.
Under current state law, adultery is classified as a misdemeanor offense with a fine of up to $250.
The Surovell bill would have reclassified adultery as a civil matter with a penalty of up to $250, to make it harder for suspected adulterers to escape accountability by invoking their Fifth Amendment right to self-incrimination.
Taking the Fifth can be viewed adversely in civil cases.