New York Decriminalizes Adultery as State Repeals Century-Old Law

Governor Kathy Hochul has approved legislation that repeals a century-old law that criminalizes adultery, marking a dramatic change in New York’s legal position on private issues. This action recognizes the intricacy of interpersonal relationships and the impracticability of making infidelity a crime, according to CBS News.

Previously, this law, which dates back to 1907, made having intercourse with someone other than one’s husband a misdemeanor, punishable by up to one year in prison. According to the CBS News article, despite the law’s long existence, it has been rarely used, resulting in only a dozen prosecutions since the 1970s and fewer convictions. In honor of her 40th wedding anniversary, Governor Hochul said that signing the measure was both essential and somewhat ironic, saying, “These issues should obviously be handled by these people and not our criminal justice system. Let’s finally remove this absurd, out-of-date law off the books.”

The adultery statute was most recently used in 2010 when a lady was arrested in public but the charges against her were later dismissed in a plea deal. Crain’s New York used this incident as an illustration of the law’s descent into obsolescence, maybe highlighting how out-of-date it is.

State Assemblymember Charles Lavine supported this legislative amendment, arguing that the act was outdated and that it incorrectly criminalized individuals engaging in consensual sexual behavior. Despite the widespread support, some senators, such as Sen. Joseph P. Addabbo Jr., voiced their disapproval, citing the bill’s timing as inconsistent with crucial budget deliberations in a phone interview with Crain’s New York.

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