Adultery no longer a crime in New York

Albany, New York –

New York has officially repealed a law dating back to 1907 that criminalized adultery, making it a misdemeanor offense punishable by up to three months in jail. Governor Kathy Hochul signed the bill into law on Friday, acknowledging the outdated and impractical nature of the statute.

Hochul, who has been married for 40 years, noted the irony of signing a bill decriminalizing adultery while emphasizing the importance of individuals handling their complex relationships without the involvement of the criminal justice system. The repeal of this archaic law signifies a step towards modernization and respect for personal autonomy.

Adultery laws, once common across the United States, were primarily aimed at making divorce proceedings more challenging by requiring proof of infidelity. However, enforcement of these laws has been sporadic, with convictions being rare. Several states, including New York, have recognized the need to repeal such laws in recent years.

In New York, adultery was defined as engaging in sexual intercourse with someone other than one’s spouse. Despite its initial use shortly after enactment, the law saw minimal enforcement over the years, with only a handful of charges and convictions. The last known use of the statute was in 2010, highlighting its obsolescence.

State Assemblymember Charles Lavine, the bill’s sponsor, revealed that only about a dozen individuals had been charged under the adultery law since the 1970s, with a low conviction rate. The difficulty in enforcing the law was acknowledged by a state commission in the 1960s, yet it remained in place due to concerns about the perception of condoning infidelity.

The decision to finally repeal the adultery law reflects a shift towards a more progressive and pragmatic approach to relationships and legal matters in New York. By removing this outdated statute, the state affirms its commitment to individual freedoms and the recognition of changing societal norms.