Michaele Salahi -- I Take The 5th on Adultery

Michaele Salahi will neither confirm nor deny she banged Journey guitarist Neal Schon behind her husband's back ... this according to new legal docs.

Turns out, adultery is a CRIME in Virginia ... and if Michaele admits that she slept around with Schon while she was married to Tareq Salahi, she could be punished by the law.

So, instead of responding to the adultery accusations Tareq included in his divorce filing -- Michaele has now filed documents in which she "asserts her privilege pursuant to the Fifth Amendment of the United States Constitution not to respond."

Additionally, admitting to adultery could put Michaele at a serious disadvantage in her divorce proceedings -- because as we first reported, the couple's pre-nup stipulates ... if Michaele commits adultery, she gets zilch for spousal support.

Sources close to Michaele tell TMZ, she's not concerned -- because Michaele was already separated from Tareq when she started dating Neal. The couple celebrated their four-month anniversary on Friday.

For the record -- the crime of adultery in Virginia is considered a misdemeanor, punishable by a $250 fine.

If you're unfamiliar with the 5th Amendment .... here's a lesson from Dave Chappelle: