New York has officially decriminalized adultery, repealing a little-known 1907 law that made cheating on one’s spouse a misdemeanor. Governor Kathy Hochul signed the repeal on Friday, declaring the statute outdated and irrelevant to modern legal and social contexts.
Historical Context: A Law Rooted in Divorce Battles
The now-defunct law defined adultery as engaging in sexual intercourse with another person while having a living spouse or if the other individual had a living spouse. Enacted in 1907, the statute was originally designed to make divorce more challenging in an era when infidelity was one of the few legal grounds for separation.
Adultery laws like New York’s were common across the U.S., though enforcement has been rare and convictions even rarer.
Governor Hochul: “An Outdated Statute”
Governor Hochul, in signing the bill, highlighted the antiquated nature of the law and its irrelevance to today’s 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,” Hochul said. “These matters should clearly be handled by these individuals and not our criminal justice system. Let’s take this silly, outdated statute off the books, once and for all.”
Adultery Law’s Rare Use and Waning Relevance
State Assemblymember Charles Lavine, who sponsored the repeal bill, noted that the adultery law served no meaningful purpose in protecting communities or deterring harmful 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.
Records show the law has rarely been enforced in recent decades. Since the 1970s, about a dozen people have been charged, with just five resulting in convictions. The last recorded use of the statute was in 2010, against a woman caught in a public act of infidelity. However, the adultery charge was ultimately dropped in a plea deal.
Attempts to Repeal the Law in the Past
Efforts to remove the adultery ban date back to the 1960s. A state commission on penal code reforms recommended its repeal, citing difficulties in enforcement. Despite initial support from lawmakers, the repeal was blocked after concerns were raised that removing the law might signal an endorsement of infidelity.
