New York has officially repealed a more than century-old law that criminalized adultery, making it a misdemeanor offense punishable by up to three months in jail. The law, dating back to 1907, was deemed outdated and difficult to enforce, leading Governor Kathy Hochul to sign a bill removing it from the books.
Adultery bans, although still present in some states, were initially enacted to complicate divorce proceedings by requiring proof of infidelity. However, charges under these laws have been rare, with convictions even rarer. New York's definition of adultery involved engaging in sexual intercourse with someone other than one's spouse.
State Assemblymember Charles Lavine, the bill's sponsor, highlighted that only about a dozen individuals had been charged under the law since the 1970s, with minimal convictions. Lavine emphasized that the adultery law did not serve its intended purpose of protecting the community or deterring anti-social behavior.
The last known use of the law was in 2010 when a woman was charged after being caught in a compromising situation in a park, although the adultery charge was eventually dropped as part of a plea deal. The state had previously considered repealing the law in the 1960s but ultimately retained it due to concerns about endorsing infidelity.
With the repeal of this antiquated statute, New York joins other states in modernizing its legal framework and recognizing that matters of personal relationships should not be subject to criminal prosecution. Governor Hochul expressed the need to remove this outdated law, acknowledging the complexities of human relationships and the importance of individual autonomy in such matters.
