How would you accomodate swingers, wifeswappers, threesomes, orgies and all other perversions?
There has to be someone who has been wronged. If it is private activity and no committments are broken, it is a sin but not a tort.
If it is advertised in some way, or generally gives scandal, then that is the wrong, but not if it is totally private.
I would not mind statutes again any immorality, but I don’t think this one will fly, even with a conservative legislature.