New York has officially repealed a law that criminalized adultery, a law that dated back to 1907. Governor Kathy Hochul signed the bill, acknowledging that relationships can be complex and should not be dealt with in the criminal justice system. The law was rarely enforced, with only a few cases resulting in convictions since the 1970s.
Adultery laws were originally put in place to make it difficult to get a divorce, as proving that a spouse cheated was necessary for legal separation. However, as times have changed, many states have moved to repeal these laws. New York defined adultery as engaging in sexual intercourse with someone other than one’s spouse while they are still married.
The last known use of the adultery law in New York was in 2010, and the charge was later dropped as part of a plea deal. The state came close to repealing the law in the 1960s, but ultimately decided to keep it after concerns were raised about endorsing infidelity.
Assemblymember Charles Lavine, who sponsored the bill to repeal the law, emphasized that laws should serve to protect the community and deter anti-social behavior. The antiquated adultery law in New York did not serve either of these purposes.
This repeal marks a step towards modernizing the legal system in New York and acknowledging that personal relationships should not be regulated by outdated laws. Adulterers will no longer face the threat of jail time for their actions, as the state moves towards a more progressive and understanding approach to marital issues.
