In a significant legal shift, New York has repealed a 1907 statute that criminalized adultery, marking the end to a law deemed antiquated and largely unenforceable.
Governor Kathy Hochul signed the repeal of the century-old law, which classified adultery as a misdemeanor. Although its usage was rare, with adulterers theoretically facing up to three months in jail, it had long been considered an outdated statute. Hochul acknowledged the complexities of personal relationships, emphasizing that such matters should be dealt with privately, not through the criminal justice system. “While I’ve been fortunate to share a loving married life with my husband for 40 years — making it somewhat ironic for me to sign a bill decriminalizing adultery — I know that people often have complex relationships,” she remarked. She further noted that it was time to remove this “silly, outdated statute off the books.”
Historically, adultery laws were introduced in several states to complicate legal separations when proving infidelity was the sole route to a divorce. However, convictions under such laws have been exceedingly rare. Since the 1970s, only a dozen charges were recorded in New York, culminating in just five convictions. State Assemblymember Charles Lavine, the bill’s sponsor, stated that the law failed in its intended purpose of safeguarding the community or deterring antisocial behavior. “Laws are meant to protect our community and to serve as a deterrent to anti-social behavior. New York’s adultery law advanced neither purpose,” Lavine said.
The law’s near repeal in the 1960s highlights its contentious nature. A state commission then suggested abolishing the statute, citing its impracticality, yet lawmakers decided against it to avoid seeming to endorse infidelity. The statute was last employed in 2010 in a case involving a woman accused of a sex act in a park, though the charge was eventually dropped in a plea agreement.
Other states have also reconsidered their adultery laws, reflecting changing perceptions and the statute’s declining relevance. The decision to repeal New York’s law is part of a broader trend, where states acknowledge that personal relationships are complex and should not be criminalized.
The repeal of New York’s 1907 adultery law underscores a broader societal movement towards recognizing personal matters as private issues, minimizing state interference in individual relationships. The decision reflects the state’s modern values and its focus on laws that meaningfully protect and serve its citizens.
Source: Local10
