New York officially repealed a 117-year-old law on Friday that made adultery a criminal offense. The statute, dating back to 1907, classified cheating on one’s spouse as a misdemeanor punishable by up to three months in jail. Governor Kathy Hochul signed the bill, calling the law outdated and unnecessary.
“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 remarked. “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 Let’s take this silly, outdated statute off the books, once and for all.”
The adultery law was initially enacted as a means to make divorce more difficult at a time when proving infidelity was often the only legal avenue for separation. It defined adultery as when a person “engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.”
State Assemblymember Charles Lavine, who sponsored the repeal bill, noted the law’s lack of utility and its rare enforcement. “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 in a statement. Records indicate that since the 1970s, around a dozen people have been charged under the law, resulting in only five convictions. The last known use of the law occurred in 2010, when a woman was charged after being caught engaging in a sex act in a park; the charge was ultimately dropped as part of a plea deal.
Adultery bans remain in effect in several U.S. states, though enforcement is rare. In recent years, some states have moved to repeal their adultery laws, reflecting a shift in societal norms and legal priorities.
The move to repeal the law in New York follows earlier debates, including a contentious argument in 1965 when lawmakers decided to keep the statute on the books to avoid the appearance of endorsing infidelity. With Friday’s repeal, New York has joined the growing number of states modernizing their legal codes and moving away from criminalizing personal relationships.
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